Is There a Right to Untranslatability? Asylum, Evidence and the Listening State

in Tilburg Law Review
Restricted Access
Get Access to Full Text

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

This article focuses on Refugee Status Determination (rsd) procedures, in order to understand the relationships among language, translation / interpreting, evidentiary assessment, and what we call the ‘listening state’. Legal systems have only recently begun to consider whether adjudicative processes ought to take place in multiple languages concurrently, or whether the ideal procedure is to monolingualize evidence first, and then assess it accordingly. Because of this ambivalence, asylum applicants are often left in the ‘zone of uncertainty’ between monolingualism and multilingualism. Their experiences and testimonies become subject to an ‘epistemic anxiety’ only infrequently seen in other areas of adjudication. We therefore ask whether asylum applicants ought to enjoy a ‘right to untranslatability’, taking account of the State's responsibility to cooperate actively with them or whether the burden ought to remain with the applicant to achieve credibility in the language of the respective jurisdiction, through interpretation and translation.

Tilburg Law Review

Journal of International and European Law

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 14 14 4
Full Text Views 3 3 3
PDF Downloads 0 0 0
EPUB Downloads 0 0 0