Legislation, Interpreter

Sign language interpreters in the worldwide Deaf community are covered by various laws. The main goal of such laws is to increase the quality of life of people with various forms of disability, including deafness. This includes reducing discrimination and providing equal opportunities for people whose main form of communication is sign language. Laws are enacted by multinational organizations, such as the United Nations (UN) and European Union (EU), and by countries. Depending on the country involved, the laws may be written into the constitution or enacted as separate legislation. The legislation may have a language, education, disability, media, financial assistance, law enforcement, interpreting, or other focus.

An important document is Article 21, “Freedom of Expression and Opinion, and Access to Information,” in the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The article states, “Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion,” using all types of communications, including by “accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions.”

EU laws related to sign language interpreters are in Article 21, “Nondiscrimination,” and Article 22, “Cultural, Religious, and Linguistic Diversity,” of the Charter of Fundamental Rights. Article 21 states, “Any discrimination based on any ground such as . . . disability . . . shall be prohibited,” and Article 22 states, “The Union shall respect cultural, religious and linguistic diversity.” Article 22 is particularly relevant given that the EU has 30 sign languages in addition to 24 spoken languages. The European Convention on Human Rights also includes legislation that governs the use of sign language interpreters. Article 5, “Right to Liberty and Security,” states that “everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.”

Individual countries, too, have a wide variety of laws that cover sign language interpreters. The United Kingdom, for example, has passed the Disability Discrimination Act 1995 and the Equality Act 2010. These laws protect people with disabilities from discrimination at work and in the community and promote equal opportunity. UK law says that the employer not only must not discriminate against a deaf person but also must make accommodations to help a deaf person carry out his or her work; such accommodations are called “reasonable adjustments” and might include having a British Sign Language (BSL) interpreter for meetings. In addition, public services must make all possible reasonable adjustments to support a deaf person. This could include a solicitor or a theater providing a BSL interpreter. The law also says that public organizations like a town council, social services agencies, and hospitals have a special responsibility to make sure they do not discriminate against people with disabilities.

Furthermore, the UK’s Police and Criminal Evidence Act 1984 (PACE) stipulates procedural changes when interviewing a someone who requires a BSL interpreter. The law says that police interviews with people who require a BSL interpreter must be video recorded to ensure that an accurate record of the interview is kept, since audio recording equipment does not provide a record of a signed conversation. The video recording will be important evidence if a dispute arises.

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