Retos sociolingüísticos en el sistema judicial español para la integración de la población inmigranteanálisis jurisprudencial

Abstract

The knowledge and proper use of language is a key tool to achieve the integration of the immigrant population in society through comprehensive public policies, which also cover the administration of justice. The linguistic challenges that arise in the judicial system are varied, and not only affect jurisdictional aspects, such as the course of proceedings in their adjective aspect, but also the substance of the issues in their substantive aspect. On the one hand, the procedural linguistic challenges basically refer to the exercise of the fundamental right to effective judicial protection, through the right to use a translator or interpreter in the different judicial proceedings, which sometimes originate from previous administrative procedures. On the other hand, the substantive linguistic challenges have to do with multiple aspects, as many as aspects of the immigrant's integration into Spanish social life, such as the granting of nationality, the exercise of labor rights, electoral rights and duties, customs and traditions of the country of origin, commission of criminal offences, and many others. Both the first and the second directly affect the degree of achievement of fundamental rights and consequently the human rights of immigrants in our country and therefore in the European Union.