The right to an interpreter – a guarantee of legal security and equal access to public services? 

Kristina Gustafsson, Eva Norström & Linnéa Åberg

Since the 1970s, the Public Administration Act in Sweden has regulated the public service obligation to use interpreters in contact with persons who do not speak Swedish and persons with impaired hearing, sight, or speech (SSB 2017: 900 § 13). Hiring an interpreter is stated as a guarantee for transparency, participation, and legal security. Based on theories about legal security in welfare institutions, the use of public service interpreting as a right and guarantee of legal security and equal access to public services is formally fulfilled every time an interpreter is assigned. Our previous research shows that this does not necessarily guarantee or secure the quality of the interpreting service at hand.

Therefore, this paper seeks to discuss linguistic rights from an ethical and material perspective on legal security. The analysis is based on migrants’ narrations of interpreted encounters in Swedish welfare institutions. The empirical data consists of observations of lectures conducted by interpreters in dialogue with refugees and migrants who take Swedish language courses. In these dialogues, the interpreter describes the regulations and ethics of interpreting and their experiences of interpreting in various welfare settings. The participants react and comment on this information, sharing their own experiences of interpreting services. A significant amount of their testimonies describes shortcomings and feelings of being silenced even if there is an interpreter at hand.        

Hence the paper aims to take public service users’ perspective and analyse discrepancies that arise between the right to public service interpretation as specified in the legislation and the quality of the public service interpretation services offered. Leading questions are raised about the right to speak, understand, and be understood, and who deserves these rights in their contacts with public service authorities.

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