Resources for professionals can help you - as a professional - when you need to interview a foreign language-speaking child via an interpreter. You will find both hands-on recommendations on and theoretical insights into how to work together with an interpreter. All of this in short bites of text, simple and to the point.
The vulnerability of the child involved in the process is an important concept and a key element of the interpreter-mediated questioning of children in legal language settings. This Protocol deals with children’s vulnerability. Why and when do we consider a child vulnerable?
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There are different interpreting modes: consecutive, simultaneous and whispering. In order to choose the right interpreting mode, discuss these options and their pros and cons with the interpreter beforehand, inform the child of the options and, if appropriate, let the child choose.
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Conversation between two persons sharing the same language is different from a three- or multi-party interaction through and with an interpreter. A child must know in advance the role of each participant and the 'rules of the game' before starting the interview.
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Children's rights to information and expression are granted by several international and transnational legal instruments such as the UN Convention on the Rights of the Child. The EU Directives applying to criminal proceedings and protecting children’s rights are: 800/2016 on procedural safeguards for children who are suspects or accused persons, 2013/48 and 2012/13 on the right to information, and 2010/64 on the right to interpretation and translation.
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When hiring an interpreter, it is crucial to take into account the professional requirements that (s)he needs to comply with. It is of course equally important to take into consideration the children's needs. Finally, recruiting an interpreter with the right language combination is essential.
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Once you have recruited a professional interpreter, think about giving him/her all possible background information and materials to enable him/her to prepare. Keep in mind that an interpreter - just like you - needs to prepare for his/her assignment.
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Children are very sensitive to non-verbal communication and pay a lot of attention to body language, facial expressions and the gaze, voice, gesture and general attitude of the interviewer and interpreter. Non-verbal signals are particularly important when the child does not speak the language of the interviewer.
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It is obvious that an interpreter-mediated interview with a child takes place in the best interests of the child. Since the situation for the child is tense, the child’s need for information seems to be the greatest need. In other words: what is happening, how, with whom, where, when and why?
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Child rights can be implemented and exercised only when a child is able to communicate in a language that (s)he speaks and understands. Although this can present a challenge in terms of finding an interpreter for languages of lesser diffusion or for dialects, an effort should always be made to ensure effective communication.
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Interviews with children can raise strong feelings in all participants, interpreters included. Feelings like frustration, guilt, anger, grief and sadness can all be underlying factors in communication.
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Despite the fact that there is often a lack of time to debrief with the interpreter, consider nonetheless taking some time to discuss critical incidents, interpreting issues and – if needed - possible supervision or (psychological) support for the interpreter.
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You are no doubt aware that communicating via an interpreter is different. However, the interpreter should never be seen as an obstacle, rather as a means to making communication possible. It is important to discuss this during the briefing.
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Child-friendly justice treats children with dignity, respect, care and fairness. It listens to children and takes their views seriously. Child-friendly justice is about fostering a responsible system solidly anchored in a professionalism that safeguards the good administration of justice and thereby inspires trust among all parties and actors involved in the proceedings.
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Trust is essential in all interviews involving a child and an interpreter. It must be built and maintained between each pairing involved in the triad: child-interpreter, child-interviewer, interpreter-interviewer. Verbal signs of support can help build trust and rapport-building, as can the seating arrangement and non-verbal communication.
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Briefing the interpreter is crucial: please allocate a time slot to do so before the actual interview starts. If you have a team meeting before the interview, do involve the interpreter! It will contribute towards coordinated action and better collaboration between different professionals in the best interests of the child.
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Child-friendly justice should enable children to feel safe. Being accompanied by a person whom they can trust can make them feel more comfortable in the proceedings. Since children are vulnerable, they should be assisted by a lawyer. An interpreter must never be confused as a trust person by a child. (S)he should be regarded as an impartial spokesperson for all participants.
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Critical incidents with the interpreter can happen: how should you deal with them? Of course the bottom line should always be the best interests of the child. It is important to discuss this during the briefing.
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This manual contains information and ideas for trainers and facilitators of Co-Minor training. The training targets professionals who already have experience in interviewing minors. It should be stressed that the training is not suitable for teaching professionals how to question minors. The manual consists of two main parts.
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