Barriers Experienced by First Nations Deaf People in the Justice System.
Brent C Elder, Karen Soldatić, Michael A Schwartz and 3 others
PMID 38826120WHAT IT FOUND
Advocates and lawyers described First Nations Deaf people facing indefinite detention without trial because courts deem them unfit to plead.
They identified a total lack of qualified Aboriginal sign language interpreters and training for judges. This leaves defendants unable to communicate or understand proceedings.
Key findings
01First Nations Deaf people risk indefinite detention without trial if labelled unfit to plead, a status often applied due to perceived disability rather than evidence.
02There are no qualified Aboriginal sign language interpreters in Australia, and no training programs exist to produce them, leaving a critical communication gap in justice settings.
03Judges and lawyers lack training on the Convention on the Rights of Persons with Disabilities, meaning reasonable adjustments for Deaf defendants are rarely implemented.
STILL TO COME
How it was doneWhat they foundWhat it means for SLPs
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What it does not show
The study did not interview any First Nations Deaf people directly; it relied on the perspectives of six experts and allies. The sample size was very small (n=6) and drawn from a specific geographic and professional network in Australia. The findings reflect the views of advocates and lawyers, which may not capture the full range of experiences within the justice system. The research is part of an ongoing project, and some data from additional interviews was not included in this analysis.
Declared interests
The authors declared no specific financial conflicts of interest, but the study was conducted within a framework of Indigenous data sovereignty and community-based participatory research, with co-authors including activists and advocates who have direct professional ties to the communities discussed.
The easy way to misread this
Do not assume that standard Auslan interpreters are sufficient for First Nations Deaf clients in legal settings. The paper states there are no qualified interpreters for Aboriginal sign languages, and standard interpreting may fail to address cultural and linguistic nuances, potentially leading to misdiagnosis or unfair legal outcomes.