Certified Translation Comparative Legal Translation: Differences, Regulations and Best Practice
Certified translation is a specialized process that requires high legal and linguistic accuracy. It is used to convert legal documents from one language to another without losing their legal validity or original meaning. This type of translation is regulated by standards such as ISO 17100 and, previously, EN 15038, which establish quality and competence criteria.
Depending on the country, the certification process varies, as is the case in Spain, Argentina, the UK, Colombia, Germany and the US. In addition, certified translators must be aware of the cultural and legal nuances of each jurisdiction to avoid errors that may affect judicial or administrative processes. Certified translation is essential to ensure the international legal validity of documents such as contracts, wills and official certificates.
Content
- Introduction to Certified Translation
- Importance in the Globalized World
- Quality Standards: EN 15038 vs. ISO 17100
- Certified Translator Profile
- Cases by Country
- The Impact of Cultural Differences
- Professional Tools for Certified Translation
- International Certification and Legalization
- Frequently Asked Questions (FAQ)
- Glossary
Introduction to Certified Translation
Legal translation is a discipline that demands precision and accuracy, as it involves the conversion of legal documents from one language to another, while maintaining their original meaning and validity. This process is essential in a globalized world where legal interactions between different jurisdictions are common, ranging from international treaties and commercial contracts to notarial documents and court decisions.
The correct interpretation and adaptation of these texts not only ensures legal certainty for the parties involved, but also avoids disputes arising from linguistic or conceptual errors. However, standards and requirements for legal translation vary significantly from country to country, depending on factors such as the legal system, national regulations and translator certification processes. These differences create unique challenges for legal professionals, who must possess expertise in both law and translation to ensure that the content is true to the original and legally valid in the target context.
Importance in the Globalized World
In Europe, EN 15038:2006 was a specific quality standard for translation services, including aspects such as quality assurance, process traceability and translator competence. Its application made it possible to establish uniform criteria for the provision of language services, ensuring that translators and agencies meet minimum requirements for qualification, review and project management. This standard was adopted by many European countries and served as a reference for certifying the competence of translation services, providing greater confidence to clients and entities requiring accurate and reliable translations in legal, technical and commercial fields.
Quality Standards: EN 15038 vs. ISO 17100
However, since November 2015, EN 15038 has been replaced by the international standard ISO 17100, which sets more comprehensive requirements for translation service providers globally. Unlike its predecessor, ISO 17100 not only regulates the competencies of translators and proofreaders, but also introduces stricter guidelines for project management, the use of technological tools and document confidentiality. In addition, this standard seeks to harmonize translation practices internationally, facilitating cooperation between companies and organizations operating in multiple jurisdictions with demanding linguistic requirements.
In the field of legal translation, the figure of the sworn or certified translator is fundamental, as it guarantees that the translated documents retain their legal validity and authenticity in the target language. These professionals not only have an advanced command of the working languages, but also have specific training in law and translation regulations, enabling them to accurately interpret complex legal terms and structures. Their work is crucial in the translation of documents such as contracts, notarial deeds, wills, official certificates and court records, where any error could have significant legal consequences.
Certified Translator Profile
To ensure the validity of their translations, these translators must be authorized by a competent entity, and the requirements to obtain such authorization vary from country to country. For example, in Argentina, sworn translators must be registered with a professional association and their signature and seal give the translation the status of objective legal truth until proven otherwise, which provides a high level of reliability in the judicial and administrative spheres. In Spain, sworn translators are appointed by the Ministry of Foreign Affairs, European Union and Cooperation, and their translations must bear their signature and official seal in order to be legally recognized.
Cases by Country
In the United Kingdom, however, there is no sworn translator as such, but a certified translation must be accompanied by a formal statement from the translator or translation agency, ensuring that it is true to the original document. This statement includes the translator's credentials, signature and contact details, and in some cases, the translation may require additional notarization or legalization in order to be accepted by government agencies or international institutions.
In Colombia, official translations must be done by translators accredited by authorized entities, such as the National University of Colombia or the University of Antioquia, who must demonstrate a high level of linguistic competence and a solid knowledge of legal and administrative terminology. Since December 2020, official translations prepared in Colombia that have legal effect in the country do not require an apostille or additional legalization, since the signature of the official translator is sufficient for their validity in the national territory, which has significantly streamlined administrative procedures and reduced costs for citizens and companies.
However, this benefit only applies within Colombia, so translations made abroad must be apostilled or legalized in the country of origin in order to be legally recognized in Colombia, thus ensuring the authenticity of the document and its compliance with international regulations. Furthermore, depending on the intended use of the document, it may be necessary to have a new translation done in Colombia by an officially accredited translator, especially in cases where absolute fidelity to the original is required, such as in legal proceedings, immigration procedures or validation of academic degrees.
The Impact of Cultural Differences
Cultural differences also play a crucial role in legal translation, as each legal system is deeply rooted in the history, tradition and socio-economic particularities of its country, which may generate terms and concepts that are untranslatable or without an exact equivalent in another language. For example, the concept of common law The fact that the legal system in Anglo-Saxon countries has no direct equivalent in civil law systems forces translators to use adaptation strategies that make it possible to convey its meaning without distorting the legal content.
Similarly, terms such as stare decisiswhich refers to the obligation to respect judicial precedents in systems based on common law, or the figure of the "common law judge", which refers to the obligation to respect judicial precedents in systems based on common law. notaire in France, who perform functions that in other countries would fall to lawyers or civil servants, require a contextualized translation to avoid misinterpretation.
In addition, certain terms may have different legal connotations depending on the country; for example, the word "legal" may have different legal connotations depending on the country. homicide in the U.S. system is not an exact synonym for homicide in civil law countries, as their classification and legal consequences may differ. Legal translators must not only master the technical terminology, but also understand the cultural and regulatory background of each jurisdiction to ensure that the translated text maintains the accuracy and authenticity of the original document without creating confusion or ambiguity in its interpretation.
Professional Tools for Certified Translation
In addition to linguistic and legal skills, translators specialized in the legal field must be familiar with specific tools and resources to facilitate their work. For example, the use of computer-assisted translation (CAT) tools is an important tool for legal translators. tools) and the creation of specialized glossaries can improve the consistency and accuracy of translations. However, it is important to note that machine translation tools are not recommended for legal documents due to their inability to capture the cultural and contextual nuances needed in this type of translation.
International Certification and Legalization
Certification and legalization of sworn translations also vary by jurisdiction, depending on the legal requirements of each country and the intended use of the translated document. In some countries, translations need to be apostilled or legalized to be valid abroad, especially for official documents such as birth certificates, academic degrees or contracts.
This process involves the authentication of the translator's signature by a competent authority, thus guaranteeing the authenticity of the translated document and its compliance with international regulations. For example, in Spain, sworn translations must bear the signature and seal of the sworn translator recognized by the Ministry of Foreign Affairs, European Union and Cooperation, and do not require additional legalization for use within the country. In Germany, on the other hand, sworn translators are certified by the regional courts and their translations are automatically accepted in administrative and judicial proceedings, although in some cases, when the document will be used outside the European Union, an apostille may be required.
In the United States, there is no federally regulated sworn translator, so the certification of a translation usually includes a statement signed by the translator or the translation agency, and in some cases, a notarized acknowledgment is required to validate its authenticity. These differences make the legalization and certification of translations a complex process, in which it is essential to know the regulations of each country in order to avoid problems of legal validity in international procedures.
In short, legal translation is a complex discipline that requires not only language skills, but also a deep understanding of the legal systems and cultural differences between the jurisdictions involved. The standards and requirements for legal translations vary significantly between countries, which adds an additional level of complexity for legal professionals. Continuous training and adaptation to international standards, such as ISO 17100, are essential to ensure the quality and validity of legal translations in a globalized context.
Frequently Asked Questions (FAQ)
What is a certified translation?
It is a translation done by an authorized translator, with legal validity and official signature.
When do I need a certified translation?
When you present legal documents in a jurisdiction other than the jurisdiction of origin: certificates, titles, contracts, etc.
3. Do all legal translations need an apostille?
It depends on the country of destination. In some cases, the translator's signature is sufficient; in others, legalization is required.
Can I use Google Translate to translate legal documents?
No. Machine translations have no legal validity and are not legally accurate.
5. How do I know if a translator is authorized?
It must be accredited by an official entity in your country and may present its registration number or official seal.
Glossary
Certified translation
Official translation with legal validity and signed by an authorized professional.
ISO 17100:
International standard for translation services
Sworn translator
Professional legally authorized to translate legally valid documents
Apostille
Official authentication for documents to be used internationally
Common Law
Legal system based on judicial precedents, typical of the Anglo-Saxon world.
CAT
Tools Computer-assisted translation tools
