To address the persistent challenge of equitable access to justice, Dr. Marcela Contreras from the Faculty of Humanities is conducting a research project titled “Translation as a right: Perceptions and proposals on translation and language assistance in the Chilean legal system as a mechanism to facilitate communication and protect rights.” Her study examines how insufficient language resources in courts can impact non-Spanish speakers.
The Dicyt Regular project explores how different judicial system actors perceive the importance of translation in legal proceedings. It then proposes strategies to ensure effective communication within these crucial spaces.
Language is a critical component of judicial proceedings. Yet, in Chile, access to interpretation and translation in the legal system remains insufficient. This creates barriers for migrant communities, indigenous peoples, and deaf individuals who struggle to understand and be understood in court, potentially undermining their rights and due process.
The lack of access to information in an understandable language constitutes a form of structural inequality within the judicial system, according to Contreras. “The right to defense implies that people understand everything that happens in their trial, and without adequate language mediation, that is hindered,” she says.
This research examines the impact of insufficient translation resources on the perception of justice among those who participate in legal proceedings without complete linguistic proficiency. Furthermore, it seeks to underscore Chile’s regulatory deficiencies when contrasted with nations where court-provided interpretation and translation are explicitly guaranteed as fundamental components of access to justice.
Many judicial systems worldwide guarantee the right to court interpreters and translation. Canada and Spain, among others, have developed specific regulations to ensure all individuals, irrespective of their language, can exercise their rights equally.
Despite global standards, translation in the Chilean judicial system still depends on individual criteria, lacking a standardized protocol for equitable access. This poses significant challenges for foreign nationals, indigenous language speakers, and deaf individuals who rely on sign language interpretation.
A primary challenge, the researcher notes, is to raise awareness about this critical issue and propose tangible solutions. “The Chilean judicial system must incorporate translation as a key tool for rights protection, not merely an ancillary service,” she highlights.
To contribute to public policy in this area, her research proposes specific measures: training specialized justice interpreters, implementing linguistic diversity programs for legal system operators, and incorporating international standards into Chilean legislation.
Dr. Contreras’s research, therefore, offers a significant contribution to the discourse on access to justice in Chile. It underscores the need to build a more inclusive system where language no longer obstructs equity and the protection of fundamental rights. This work aligns with the Faculty of Humanities’ core principles, promoting inclusion alongside cutting-edge interdisciplinary and transdisciplinary endeavors.