Linguistic rights and public policies in indigenous women’s access to justice

Abstract

Abstract: In this article, we present a debate on the Linguistic Rights of indigenous women in accessing the justice system in their native languages. We suggest the creation of linguistic public policies and argue that they should take into account their linguistic and cultural specificities. By taking an overview at the current violence scenario against indigenous woman in Brazil, we indicate how language barriers can block indigenous women from reporting aggressions to judicial bodies. We take into account international, regional and domestic instruments regarding indigenous people’s rights, in general, and indigenous women’s rights in particular, focusing on the indigenous right to use and defend themselves in their native languages ​in legal procedures. In addition, we analyze local initiatives that have been applied in the state of Mato Grosso do Sul, Brazil, such as the translation of Maria da Penha Law into indigenous languages. We also consider the current policies of professionalization of indigenous interpreters and translators that have been implemented in Mexico and Peru as examples of good practices. Finally, we propose a set of measures in linguistic public policies and suggest the construction of an intercultural dialogue between public managers, legal operators, language policy specialists and indigenous women for the construction of a public policy in the area.