Representing Disability in English and Greek Legal Discourse
By Emilia Papadopoulou and Maria Sidiropoulou (National and Kapodistrian University of Athens, Greece)
Abstract
The study examines international, European and Greek sample data and focuses on threat in naming disabled people. Findings show a gradual shift in the representation of disabled people, in legal texts. The shift relates to the implementation of medical and social models of disability, which seem to regulate discursive representation of the disabled. The further back the analysis goes in time, the more manifestations of the medical model seem to appear, with the social model taking over as the analysis moves forward in time. Greece seems to have its own manner to adopt current trends in representing the disabled, as questionnaire results reveal. The AμεΑ (AmeA) abbreviation, widely used in the Greek context nowadays, seems to set anew the representation of the disabled, toning down the offensive value of previous terms. This is probably because Greek may have additional barriers in abandoning the medical model, because of culture-specific communication style features it prefers. The significance of the study lies in that it advances understanding of cross-cultural perceptions of disability, which – in Greek – involves manipulation of the terms’ threatening potential.
Keywords: disability, legal discourse, medicalsocial models, european union, bilingual texts
©inTRAlinea & Emilia Papadopoulou and Maria Sidiropoulou (2024).
"Representing Disability in English and Greek Legal Discourse"
inTRAlinea Special Issue: Translating Threat
Edited by: Maria Sidiropoulou
This article can be freely reproduced under Creative Commons License.
Stable URL: https://www.intralinea.org/specials/article/2667
1. Introduction: A fuzzy term
Disability studies is an expanding field and a highly interdisciplinary one cutting across literature, linguistics, philosophy, technology etc. (Solvang 2000, Barnes, Barton and Oliver 2002, Mabbett 2002, Siebers 2011). Disability is nowadays treated as a social phenomenon that affects societal and financial growth. It is seen as a barrier that needs to be surpassed and eliminated in the long run, for allowing an unimpeded operation of state apparatuses and realization of long-term goals for sustainable development. Disability is a rather fuzzy term, which institutions have attempted to clarify and discursively represent the disabled in various ways. For instance, in English, a part of disability studies has been theorizing about the terms ‘impairment’ and ‘disability’ and their potential difference and interplay. The Anglocentric point of view on disability, as mainly expressed in the Disabled People’s International (DPI) terminology, ‘impairment’ is seen as the functional limitation within an individual caused by physical, sensory or mental impairment, while ‘disability’ is seen as the loss or limitation of opportunities on the part of the disabled to take part in the normal life of the community, on an equal level with others, due to physical and social barriers (Goodley and Runswick-Cole 2011).
Another pair of terms in English is the one between the items ‘persons with disability’ vs. ‘people with disability’. In disability studies, ‘people with disabilities’ has been contested as implying that disability is something inherent to an individual, thus undermining the political nature of disability. Major representative organizations, throughout the world, prefer the term disabled persons, for (a) emphasizing the social inducement of disability, i.e., that people become disabled by society, rather than accidentally residing in it and (b) avoiding to highlight the individual character of the problem (Whalley Hammel 2006). People focuses on the individual rather than on the societal aspect and runs contrary to broadening the societal perception of disability.
2. Literature review
Αs mentioned, perceptions of disability vary and the interpretations assumed seem to be ideologically different (Oliver 2009, Oliver and Barnes 2010). A model of disability is important because it may be the basis on which states, institutional agents or regulatory authorities shape their policies on disability and their support measures; in this sense it is important for authorities and citizens to critically monitor the model of disability they conform to, in interaction and law-making. The medical model was followed by the social welfare model, which the following subsections elaborate on.
2.1 The medical view
The medical view sees “medical impairments as automatically resulting in disadvantage and exclusion, which can be ameliorated by cash benefits and other social welfare benefits” (Mabbett 2002:20); “people with different disabilities are the object of treatment and care […] while their disability remains their most conspicuous defining attribute” (Stopa 2012:146). Hence, people see themselves as disabled and marked in terms of the impairment identity. The prevalence of this model however has rather led to some marginalization of people with disabilities instead of promoting their integration in society (in labour, in education). As expert evidence shows, their inclusion is now more crucial than ever before, considering the economic circumstances prevailing in this era of recess and uncertainty. OECD seems very much aware of the financial deficit a marginalization of the disabled may entail and argues in favour of integrating them in the labour market:
integrating more fully into the labour market people with disability is essential in meeting economic and social challenges arising from these broad drivers of change. The recent economic downturn is further reinforcing this urgent need, as people with disability have been hard hit by job losses and the reduction in job vacancies. This may push them to the margin of the labour market, raising the risk of further structural increases in the disability beneficiary caseload (OECD 2010:21).
The medical model treats disability on the basis of its individual aspects and not as a multi-faceted social issue:
This characteristic confirms that we are facing a clear manifestation of the medical paradigm of treatment of disability, a circumstance that is incoherent, as other authors have already pointed out, if we take into account how other institutions of the European Union have been strong advocates of the implementation of the social paradigm of treatment of disability since 1996 (Gutiérrez Colominas 2017: 3).
2.2 The social/affirmation model
The social model sees disability as a social phenomenon rather than a medical one. The social model emerged in the 1980s, and was followed by the affirmation model. In enhancing the affirmative model, Cameron (2013) explains that “it also establishes their rights [of the disabled] to enjoy being who they are as people with impairments rather than regarding impairment as a cloud overshadowing their existence” (2013:28) and focuses on their activity as social actors, thus in the frame of a comprehensive relationship.
The affirmation model (Swain and French 2000) caters for actual inclusion in society: the beginning was marked with the social model which gave the disabled persons voice and occupied a space for them in the public arena: now this space is about to be filled and understood in terms of integration and interconnection, through an ‘affirmation’ of disability as an aspect of normalcy (Thomas 2004).
3. Methodology
As suggested, the aim of the study was to examine how the representation of disability plays out in the global/European/Greek context diachronically. The scope of the research can be huge, so the study selectively examines (a) early international discourses on disability (1971-1981, with their official Greek versions), (b) European discourses on disability (1995-2014, with their official Greek versions) and (c) Greek discourses on disability between 1990-2018 (originally drafted in Greek).
The selection of data types may be justified on the grounds that if translated data show tendencies in naming disability in Greek, the monolingual data may show preferences in the Greek context more intuitively, without influence from another version. Table 1 summarizes selection of data in terms of the time span they derive from.
Origin |
Time span |
Data types |
International |
1971-1981 |
bilingual |
European |
1995-2014 |
bilingual |
Greek |
1990-2018 |
monolingual |
Table 1. Periods and types of data selection
The study, thus, examines both parallel data and Greek original (monolingual) legal discourse in order to trace tendencies in rendition of the terms ‘disabled’/’disability’ (see appendix for the list of data sources and word-count). The total word-count of the data set is 271,584 words.
After the authors’ analysis of the data (etic perspective), the study adopted an emic perspective by addressing 43 Greek respondents; the intention was to elicit evidence on the non-/threatening value of certain disability terms, asking respondents to seek appropriate renditions into Greek, by using their intuition in Greek. Results showed that there are terms which are not used in the EU context, which however seem to resonate with current native preferences.
4. Data analysis
The section presents parallel data samples which display variation in the transfer of disability issues, organized in three groups, i.e., from the international (for instance, UN discourses), European (EU discourses) and Greek context.
4.1 The international context
The General Assembly of the United Nations has prepared a declaration on the rights of persons with mental disorder in order to promote higher standards of living, full employment and conditions of economic and social progress and development. Sample texts derive from
- The Declaration on the Rights of Mentally Retarded Persons. Proclaimed by General Assembly, resolution 2856 (XXVI) of 20 December 1971.
- The Sundberg Declaration 1981.
Example 1 comes from the Sundberg Declaration, 1981. The World Conference on Actions and Strategies for Education, Prevention and Integration organized by the Spanish Government in co-operation with UNESCO (1981), set anew the goals of the ‘Universal Declaration of Human Rights’ and highlighted the need for steps to be taken for (a) rehabilitation and other support to reduce the handicapping effects of disability and (b) meeting the needs of disabled persons for full participation in social life:
Example 1
|
EN |
GR |
BT[1] |
a |
unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of deficiency, either congenital or not, in his or her physical or mental capabilities. |
Ο όρος “ανάπηρο άτομο” σημαίνει κάθε άτομο ανίκανο να επιβεβαιώσει από μόνο του, ολικά ή μερικά, τις αναγκαιότητες για μια κανονική ατομική και κοινωνική ζωή, εξαιτίας μειωμένων σωματικών ή πνευματικών δυνατοτήτων που έχει εκ γενετής ή όχι. |
The term “disabled person” means every person unable to meet on its own, wholly or partially, the necessities of a normal individual and/or social life, as a result of reduced physical or mental capabilities, congenital or not. |
b |
Disabled persons have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible. |
Τα ανάπηρα άτομα, οποιαδήποτε κι αν είναι η προέλευση, η φύση και η σοβαρότητα των μειονεκτημάτων και ανικανοτήτων τους, έχουν τα ίδια θεμελιώδη δικαιώματα με τους συμπολίτες της ίδιας ηλικίας, που συνεπάγεται πρώτα και κύρια το δικαίωμα να απολαμβάνει μια καθώς πρέπει ζωή, όσο το δυνατό κανονική και πλήρη. |
Disabled persons, whatever the origin, nature and the severity of their disadvantages and inabilities, have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible. |
c |
Disabled persons have the same civil and political rights as other human beings; paragraph 7 of the Declaration on the Rights of Mentally Retarded Persons applies to any possible limitation or suppression of those rights for mentally disabled persons.
|
Τα ανάπηρα άτομα έχουν τα ίδια πολιτικά δικαιώματα όπως οι άλλοι άνθρωποι. Η παράγραφος 7 της Διακήρυξης των δικαιωμάτων των πνευματικά καθυστερημένων ατόμων που αφορά σε κάθε πιθανό περιορισμό ή καταστολή των δικαιωμάτων των ατόμων αυτών, εφαρμόζεται και για τα πνευματικά ανάπηρα άτομα. |
Disabled persons have the same civil and political rights as other humans. Paragraph 7 of the Declaration on the Rights of mentally retarded persons concerning any possible limitation or rights suppression of these persons, also applies for the mentally disabled persons.
|
Τhe assumption is that the two texts (the EN and GR version), which are indicative of the language used by various international instruments, issued at that point, suggest that the disabled people are somewhat separate from the remaining population. Τhis is conveyed by the item ‘normal individual’ which actually segregates the disabled persons from the remaining populace, by further implying that their condition is not normal. The English version may gloss over disability by the term ‘disabled persons’, but the Greek version seems more aware of a medical interpretation of disability, by explaining the range of types of disabilities referred to, in terms of options like ‘σοβαρότητα των μειονεκτημάτων και ανικανοτήτων τους’ (the severity of their disadvantages and inabilities). Besides, the term 'mentally retarded' (literally rendered in Greek) is highly offensive and impolite towards the disabled, attacking their positive face (Brown and Levinson 1978/1987)[2]. Another shift between the two versions is the shift of the deictic adjective (EN ‘those’ → GR ‘these’): in English see ‘those rights’ assuming some distance and, in Greek, see ‘these persons’, which implies proximity: interpersonal proximity is a positive politeness trait and Greek nowadays tends to show a tendency for positive politeness strategies, in interaction (Sifianou 1992), in contrast to English which shows a tendency for using negative politeness strategies, indicating that it favours interpersonal distance.
In theoretical terms, this point of view aligns with the morals of medical sociology, a theory that was dominant in the decades preceding the 1990’s (when the social model of disability emerged) and focused on the medicalization of disability that treats disability as a deviance from the norm, as a merely individual matter that impedes the persons due to their medical impairments. As Linton (1998) and Linton and Bérubé (1998) suggest addressing disability as a merely personal condition does not offer a comprehensive perception of disability:
Briefly, the medicalization of disability casts human variation as deviance from the norm, as pathological condition, as deficit and, significantly, as an individual burden and personal tragedy. Society, in agreeing to assign medical meaning to disability, colludes to keep the issue within the purview of the medical establishment, to keep it a personal matter and “treat” the condition and the person with the condition rather than “treating the social processes and policies that constrict disabled peoples’ lives (Linton 1998:162).
This section offered a sample of discourse which implements a rather medical interpretation of disability, with the Greek version enforcing the medical interpretation even further, by favouring the specific (‘whatever the origin, nature and the severity of their disadvantages and inabilities’) and avoiding vagueness. Favouring the specific in Greek is manifested in quite a few contexts, in various ways, and has been grammaticalized through a frequent use of the definite article, even with proper names and generics (Sidiropoulou 2019). This is also manifested in example 2, where ‘All disabled persons’ is rendered in Greek as ‘Every disabled person’.
4.2 The language of the European legal instruments
This section examines rendition of disability related terms at a more recent time span, 1995-2014 (see appendix for European data sources and word count), to trace rendition of disability-related terms in the official Greek versions of the selected terms.
Back in 2003, the European Union officially acknowledged that equality had not yet been achieved for the disabled and declared the year 2003 as the European Year of Persons with Disabilities suggesting that a turn should be made in the European frame towards removing all impediments that create difficulties for disabled people:
2003 is the European Year of People with Disabilities. The year will drive progress towards achieving equal rights for people with disabilities. Across Europe attention will be focused on the many areas of European society where barriers and discrimination still exist for the one in ten Europeans with a disability (The European Year of People with Disabilities 2003:8).
The ‘European Strategy on Disability 2010-2020’ brings to the fore notions like accessibility, participation, equality, employment, education and training, social protection, and health. The Greek version does not seem content with its readily available option for the English term ‘disability’, in Greek ‘αναπηρία’ (disability); the drafter complements the term with the term ‘ειδικές ανάγκες’ (special needs) as if the term ‘disability’ is not adequate or appropriate. Example 2 shows an instance of this.
Example 2
EN |
GR |
BT. |
'All disabled persons, whatever the origin and nature of their disablement, must be entitled to additional concrete measures aimed at improving their social and professional integration.
(European Strategy on Disability 2010-2020) |
«Κάθε ανάπηρο άτομο [άτομο με ειδικές ανάγκες], ανεξάρτητα από την προέλευση και τη φύση της αναπηρίας του [των ειδικών του αναγκών], πρέπει να απολαύει συγκεκριμένων πρόσθετων ευεργετημάτων με σκοπό να ευνοηθεί η επαγγελματική και κοινωνική ένταξη του. |
Every disabled person (person with special needs], irrespective of the origin and nature of their disability [their special needs], must be entitled to additional concrete measures aimed at improving their social and professional integration.
|
The question that arises at this point concerns how prevalent these options may be in the data set, in terms of frequency. Table 2 shows number of occurrences per term (counted manually) in the parallel versions, Table 3 shows frequency percentages of certain terms in the English and Greek version of the data.
Extract |
English terms |
Greek terms and backtranslation (BT) |
Occur. |
1 |
Disability |
Ειδική ανάγκη (special need) Αναπηρία (disability) |
34 3 |
|
Sickness |
Ασθένεια (sickness) |
26 |
|
Develop any type of sickness |
Από της εκδηλώσεως κάποιας ασθένειας (since the appearance of a sickness) |
1 |
|
Disabled persons |
Ανάπηρο άτομο (disabled person) |
1 |
2 |
On account of sickness |
Λόγω ασθένειας (because of sickness) |
1 |
|
People with disabilities |
Άτομα με ειδικές ανάγκες (persons with special needs) |
7 |
|
The person concerned is not competent, capable and available to perform |
Το οικείο άτομο δεν είναι κατάλληλο, ικανό και πρόθυμο να εκτελεί…(the person concerned is not suitable, able and willing to perform...) |
2 |
3 |
Disabled persons |
Άτομα με ειδικές ανάγκες (persons with special needs) |
26 |
|
Disability |
Ειδικές ανάγκες (special needs) Αναπηρία (disability) |
25 27 |
4 |
Disability |
Ειδικής ανάγκης (αναπηρίας) [special need (disability)] |
3 |
|
Limitation |
Μειονεκτικότητα (state of being disadvantaged) |
4 |
5 |
Persons with disabilities |
Άτομα με ειδικές ανάγκες (persons with special needs) |
13 |
|
persons with disabilities |
Άτομα με αναπηρίες (persons with disabilities) |
37 |
|
Disability |
Αναπηρία (disability) |
7 |
|
Disabled worker |
Εργαζόμενος με αναπηρία (worker with disability) |
2 |
6 |
Persons with a disability |
Άτομα με ειδικές ανάγκες (persons with special needs) |
11 |
|
Disability |
Αναπηρία (disability) |
1 |
|
People with disabilities |
Άτομα με αναπηρία (persons with disability) |
1 |
7 |
Person with a disability |
Άτομο με ειδικές ανάγκες (persons with special needs) |
8 |
|
Disability |
Αναπηρία (disability) |
13 |
Table 2. Total occurrences of disability-related vocabulary in a 13,801-word data set of parallel court of Justice decisions.
Table 3 shows percentages in the use of the terms ‘disability’/’disabled’, ‘sickness’ and ‘limitation’ and their Greek rendition.
English terms |
percent |
Greek terms and backtranslation |
percent |
Disability/disabled |
1,434 |
Αναπηρία/ανάπηρος (disability/disabled) |
1,007 |
Sickness |
0,188 |
Ασθένεια (sickness) |
0,188 |
Limitation |
0,028 |
Ειδικές ανάγκες (special needs) |
0,92 |
|
|
Μειονεκτικότητα (being disadvantaged) |
0,02 |
Table 3. Court of Justice press releases: Frequency of terms in the parallel versions
The first row of Table 3 shows that ‘αναπηρία’/’ανάπηρος’ (disability/disabled) is less frequent in Greek, with ‘ειδικές ανάγκες’ (special needs) taking over, which does not appear in the English version. Measurement shows that it is as if Greek is trying to avoid the offensiveness of the term ‘αναπηρία’/’ανάπηρος’, to improve the representation of the disabled. The local assumption is that the most offensive item is ‘ανάπηρος’ (disabled) rather than ‘αναπηρία’ (disability), because the nominalization raises the level of formality and tones down offensiveness.
The next section presents samples of original legal Greek discourse, related to disability.
4.3 The Greek context
Αs mentioned, the Greek primary legislation (laws, presidential decrees, legislative decrees, ministerial decisions etc.) encompasses different categories of acts in the areas of social welfare and benefits, recruitment and allocation of pensions, education and accessibility. A diachronic perspective would show to what extent Greek primary legislation keeps at pace with the relevant European legislation and with the scientific and academic advancements in the field of disability studies.
Following the ratification of the CPRD (Convention of Rights of Persons with Disabilities) in 2012 by the Greek Parliament, the provisions on disability have come into full force and legal effect. Within the beneficial framework of the Convention, the Greek state advanced certain regulatory amendments and issued guidelines on its implementation.
Yet, a recent official report on Greece, under the title ‘European Semester 2017/2018 country fiche on disability-Greece’, prepared by ANED (Academic Network of European Disability, Elena Strati 2017), focuses on some key aspects in implementing the disability-centered policies in Greece, and points – among others – to social inequality and incomplete equal treatment laws:
-Statistical data on the situation of disabled people in Greece shows wide equality gaps among disabled and non-disabled people within the country, and considerable disadvantage in comparison to EU averages across the EU2020 target areas.
- Nevertheless, policy for improving accessibility is still far from being operational, with specific actions, coordination, monitoring and enforcement plans still incomplete. The assigned focal points and monitoring mechanisms should consider the reasons why existing equal treatment law in employment (in force since 2005) has not been widely effective so far (2017: 5, emphasis added).
Example 3 comes from the Guaranteed Minimum Income (GMI) scheme, 2017, stipulated by the Joint Ministerial Decision No Δ23/οικ.30299/2377/2016 - GG 2089/Β/7-7-2016. It aims at regulating employment and vocational training and providing a safety net for those at risk of poverty. However, social protection remains a key gap in the synergies between the different areas of policy, particularly for disabled people who are unable to work and/or require high levels of support. Article 2 par.4 shows that the use of abbreviation (ΑμεΑ) for disabled people in Greek is an efficient option (with no grammatical suffix) and is extremely frequent in discourse[3], even beyond the legal context. It sets the naming process anew, avoids potential offensive connotations attached to the term ‘ανάπηρος’ in everyday usage.
Example 3
GR |
(authors’ translation) |
Μη δυνάμενοι για εργασία: για τους σκοπούς του προγράμματος, μη δυνάμενοι για εργασία θεωρούνται οι δικαιούχοι, που ανήκουν στις κάτωθι κατηγορίες: ΑμεΑ, τα οποία σύμφωνα με την γνωμάτευση της Επιτροπής Πιστοποίησης Αναπηρίας έχουν κριθεί «ανίκανα για εργασία». |
[people] unable to work: for the purposes of the scheme, [people] unable to work are the beneficials who belong in the following categories: AmeA, who according to the certificate issued by the Committee Acknowledging Disability have been certified as “unable to work”. |
If a 2016 legal text (example 3) makes use of the ‘ΑμεΑ’ abbreviation for regulating the offensive value of ‘ανάπηρος’ (disabled) in their discursive representation, a 1990 text is expected to be more reflective of the medical representation of disability.
Example 4 comes from Law No. 1902/1990 – (article 27 regulation of pension and other issues) and refers to severe disabilities, pathological conditions and medical prediction, manifesting an awareness of the medical model (see ‘βαριά ανάπηρος’ (heavily disabled), ‘λόγω πάθησης’ (because of a condition).
Example 4
GR |
(authors’ translation) |
occurrences |
Ο ασφαλισμένος θεωρείται βαριά ανάπηρος αν λόγω παθήσεως ή βλάβης ή εξασθένησης σωματικής ή πνευματικής, μεταγενέστερης της υπαγωγής του στην ασφάλιση, ετήσιας τουλάχιστο διάρκειας κατά ιατρική πρόβλεψη,… |
The insured person is considered severely disabled if, due to illness or harm or physical or mental impairment, subsequent to his subjection to insurance, of at least one year's duration according to medical opinion. |
2 |
Ο ασφαλισμένος θεωρείται μερικά ανάπηρος αν λόγω πάθησης ή βλάβης ή εξασθένησης σωματικής ή πνευματικής, μεταγενέστερης της υπαγωγής του στην ασφάλιση, εξάμηνης το λιγότερο κατά ιατρική πρόβλεψη διάρκειας, |
The insured person is considered partially disabled if, due to illness or harm or physical or mental impairment, subsequent to his subjection to insurance, of a duration of at least six months in accordance with medical opinion, |
9
3 |
The top-down approach taken in this study will now be checked against Greek native speaker insight through a questionnaire which sought to elicit assessment of the potential value of terms in the target context.
5. The questionnaire
The questionnaire intended to capture lay persons’ perception of certain disability terms with respect to their offensiveness in the Greek context and was answered in June 2022. The questionnaire addressed 43, 8th semester undergraduate students, who were aware of shifts translation practice may entail, their significance for meaning-making and were already feeling responsible for tracing cross-cultural equivalents for options, whenever a chance presented itself. The first question asked respondents to suggest degrading disability terms in Greek.
Are you aware of any Greek disability-related terms that could be offensive or harsh? If so, please mention some here.
Students suggested several degrading items, some of which were too offensive and would not appear in an official text.
You traced the following sentence in an English leaflet on disabled people: 'Organizations must adjust the way they do things to try to remove barriers or disadvantages to disabled people'. How would you best translate the term in a way that would not be offensive?
The terms ‘άτομα/άνθρωποι με αναπηρία/αναπηρίες’ (persons/people with disability/ies) and ‘άτομα/άνθρωποι με ειδικές ανάγκες’ (persons/people with special needs) were preferred by 43 percent each, suggesting that the latter term felt equally appropriate with the former. The third question was also a translation task:
You traced the following sentence in the ‘Emergency Handbook of the UNCHR on People with Disabilities’: '[…] Make sure the language you use to describe persons with disabilities respects their dignity and humanity'. How would you best translate the term 'persons with disabilities' in Greek, in your everyday transactions?
‘Άτομα/άνθρωποι με ειδικές ανάγκες’ (persons/people with special needs) was equally preferred by 17 people each (39.53 percent), which reveals that the term had resonance among trainee translators who were already in the bilingual state translators find themselves in when mediating. The questionnaire findings show that a considerable number of students sought an alternative term for ‘disabled people’ and ‘persons with disabilities’ because they were not content with the readily available straightforward option ‘άτομα/άνθρωποι με αναπηρία/αναπηρίες’ (persons/people with disability/ies).
6. Discussion
Term variation in the Greek version is broader than that of the English version as the data set shows. In the international texts – until circa 2000 – the term ‘disabled persons’ was rendered as ‘άτομα με ειδικές ανάγκες’ (persons with special needs) but, later, the term was rendered literally, ‘ανάπηροι’ or ‘άτομα με αναπηρίες’ (e.g., documents under no 14-19 in the appendix) and, lately, the item ‘ανάπηρος’ seems to have prevailed. The term ‘άτομα με ειδικές ανάγκες’ was motivated by an intention to eliminate offensiveness; when checked with a Greek audience, through a questionnaire, the term was interpreted as sensitive and considerate of the disabled persons’ needs, pointing at the socially-centered model of disability, which is the prevailing one nowadays, in the disability context. Like Butlers’ ‘Bodies that Matter’, it suggests that disability is a social construction conveying political associations, power relations and the political identity of disabled persons. Disability research intends to explore in which way “social constructionism collaborates with the misrepresentation of the disabled body in the political sphere” (Siebers 2001:155).
Despite the bottom-up view of lay people preferring the term ‘person with special needs’, over the term ‘ανάπηρος’, the item ‘ανάπηρος’ prevails nowadays and there seem to be some reasons for it.
First, there is a straightforward nominalization (‘αναπηρία’ [disability]), which the adjective is etymologically connected to, whereas the item ‘special needs’ is more ambiguous as a nominal, in its semantic scope.
Another reason is that the prevalence of the term αναπηρία (disability) over special needs may be a manifestation of the directness vs. indirectness intention (respectively) in naming disabled people, and if Greek favours directness (as a positive politeness culture, Sifianou 1992), the assumption is that the former term is expected to prevail.
The data show that early Greek texts paint a representation of disability which stresses personal inability to accomplish tasks and deprivation, neglects the societal factor, that is, the society’s potential to somewhat compensate for a personal condition, which may upgrade the life quality of the disabled.
7. Concluding remarks
The assumption seems to be that Greece is abandoning the medical model (following the international trend) and is moving towards a social interpretation of disability, through the provisions taken, the AmeA abbreviation, etc. However, there may also be some cultural barriers which may be hindering this process.
Greece may not be as proficient in the transition to the social model process, because one of the communication styles, which Hofstede, Hofstede and Minkov (2010) refer to in order to categorize cultures, is the ‘(high/low) power distance’, namely, to what extent speakers of a language assume that it is normal to acknowledge power inequality among members of a society (high power distance) or not (and prefer low power distance). Greek is a high-power distance culture, in Hofstede Hofstede and Minkov’s (2010) framework, if compared to English (a low power distance culture); the feature is ubiquitous in interaction, not least through the tu/vous distinction at school, in academia, at the hospital, in the EU context, in the interaction of the state with the citizen etc., but other manifestations as well. One would expect that appreciation of the high status of a medical expert (vs. the status of the disabled) may somewhat clash with the social interpretation goal, as regards perception of disability. The assumption is that the social interpretation of disability is still a goal, but appreciation of the medical expert is deeply rooted in the Greek ‘software of the mind’ and may hinder the transition to the social model or the transition may find other devices to manifest itself, like for instance the preference for the term people with special needs or the AmeA abbreviation.
In examining the transfer of taboo items from English into Greek through translation in the press, Sidiropoulou (1998) found that the Greek target press context was less tolerant to taboo terms than the English one, so Greek newspapers tended to neutralize the offensive value of items (as, for instance, manifested in the following source (English) and target (Greek) press headlines: e.g. EN ‘A boy without a penis’ → GR ‘Two sex changes in a lifetime’ (Sidiropoulou 1995), where the Greek headline focused on the suffering of the experience and eliminated the taboo item. The example shows that there is an intuitive concern for the offensive value of ‘ανάπηρος’ (disabled) in the Greek context, with English being more tolerant.
The study examined instances of Greece’s transition from the ideology of the medical model towards the social one, in the discursive treatment of disability and highlighted some pragmatic features of the language that may be affecting the transition to the social model.
There seem to be two competing forces in the Greek context, which affect rendition of disability terms in legal documents in Greek: the directness tendency of Greek communities of practice to employ positive politeness strategies which may favour the use of the term ‘ανάπηρος’ (disabled), following the English version, vs. the concern for the offensiveness of the term ‘ανάπηρος’ (disabled), in a society which tends to favour interpersonal proximity in interaction.
Despite communication with respondents, the legal discourse, which the present study examined, manifests a top-down approach, namely, discourse produced by an institutional authority (e.g., the state) for the disabled, in regulating disability issues for citizens. A bottom-up approach would involve how disabled people may prefer to represent themselves or how society members represent them in discourse cross-culturally, which is a highly interesting open research problem.
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Notes
[1] Back-translation of the Greek text into English. The assumption is that the English text is the source text.
[2] ‘Positive face’, in Brown and Levinson’s terms (1978/1987), is the need for one’s self-image to be appreciated and accepted. In conversation, speakers use positive politeness strategies (compliments, expressions of solidarity etc.) to attend to the positive face needs of their interlocutors. Attacking an interlocutor’s positive face involves communicative strategies which can damage addressees’ self-esteem (for instance, criticism, disapproval etc.)
[3] A simple search at the GTN (Greek Terminology Network/ ΕΔΟ Ελληνικό Δίκτυο Ορολογίας) shows the frequent use of the abbreviation in the EU context. The official portal on Disability of the Greek government also uses the term (Ψηφιακή Πύλη για Άτομα με Αναπηρία (ΑμεΑ) - Αρχική (amea.gov.gr). The National and Kapodistrian University of Athens uses the term ΦμεΑ (Students with Disabilities)
Appendix
Overall data sources and word count
|
INTERNATIONAL SOURCES |
Word-count |
1 |
Declaration on the Rights of Mentally Retarded Persons. Proclaimed by General Assembly, resolution 2856 (XXVI) of 20 December 1971. |
592 |
2 |
The Sundberg Declaration 1981. |
1,410 |
|
Total word-count |
2,002 |
|
EUROPEAN SOURCES |
Word count |
1. |
European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts |
15,822 |
2. |
Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State |
3,421 |
3. |
Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services |
8,873 |
4. |
Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons |
14,067 |
5. |
European Charter of Fundamental Rights (2000/C 364/J) |
39,434 |
6. |
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') |
10,394 |
7. |
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation |
4,882 |
8. |
Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) |
14,741 |
9. |
Directive 2003/59/EC of the European Parliament and of the Council, on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC |
7,642 |
10. |
Directive 2011/36/EU of the European Parliament and of the Council, on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (words) |
8,522 |
11. |
European Convention on Human Rights, as amended by Protocols Nos 11 and 14, supplemented by Protocols Nos 1,4,6,7, 12 and 13 (Original text signed in November 1950, came into force in 1953, last protocol (No 14) entered into force on 1 June 2010) (words) |
5,482 |
12. |
Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare. |
15,470 |
13. |
Regulation (EU) No 305/2011 of the European Parliament and of the Council, laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC |
22,039 |
14. |
Directive 2010/13/EU of the European Parliament and of the Council, on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) |
14,998 |
15. |
1,293 |
|
16. |
Directive 2014/24/EU of the European Parliament and of the Council on public procurement and repealing Directive 2004/18/EC |
22,484 |
17. |
Communication from the Commission to the European parliament, the Council, the European economic and social committee and the committee of the regions European disability strategy 2010-2020: a renewed commitment to a barrier-free Europe |
3,946 |
18. |
Commission Regulation (ec), no 800/2008 of 6 August 2008, declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the treaty (general block exemption regulation) (text with EEA (European Economic Area) relevance) |
26,434 |
19. |
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU government action plan 2016-2020 accelerating the digital transformation of government |
4,608 |
|
Total word-count |
244,554 |
|
EUROPEAN COURT OF JUSTICE CASES_ PRESS RELEASES |
Word-count |
1. |
Judgment of the Court of Justice in Case C-13/05 Sonia Chacón Navas v. Eurest Colectividades SA |
654 |
2. |
Judgment of the Court (Grand Chamber) of 11 July 2006 (reference for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid - Spain) - Sonia Chacón Navas v Eurest Colectividades SA (Case C-13/05) |
4,441 |
3.
|
OPINION OF ADVOCATE GENERAL Poiares Maduro delivered on 31 January 2008 (1) Case C‑303/06 S. Coleman v Attridge Law and Steve Law |
4,754 |
4. |
Court of Justice of the European Union PRESS RELEASE No 42/13 Luxembourg, 11 April 2013 Judgment in Joined Cases C-335/11 and C-337/11 Ring and Skouboe Werge |
1,219 |
5. |
JUDGMENT OF THE COURT (Second Chamber) 11 April 2013 (*) In Joined Cases C 335/11 and C 337/11 |
658 |
6. |
Court of Justice of the European Union PRESS RELEASE No 82/13 Luxembourg, 4 July 2013 Judgment in Case C-312/11 Commission v Italy |
946 |
7. |
Court of Justice of the European Union PRESS RELEASE No 183/14 Luxembourg, 18 December 2014 Judgment in Case C-354/13 Fag og Arbejde (FOA), acting on behalf of Karsten Kaltoft v Kommunernes Landsforening (KL), acting on behalf of the Municipality of Billund |
1,129 |
|
Total word-count |
13,801 |
|
THE GREEK CONTEXT |
Word-count |
1. |
Law no 3518/2006 (about provisions for the persons with disabilities in articles 60, 61, Chapter B) |
1,064 |
2. |
Law No. 1902/1990 (article 27 regulation of pension and other issues). |
2,214 |
3. |
Law 2643/1998 “Care for the employment of persons falling under special categories and other provisions” |
9,951 |
|
Total word-count |
13,229 |
©inTRAlinea & Emilia Papadopoulou and Maria Sidiropoulou (2024).
"Representing Disability in English and Greek Legal Discourse"
inTRAlinea Special Issue: Translating Threat
Edited by: Maria Sidiropoulou
This article can be freely reproduced under Creative Commons License.
Stable URL: https://www.intralinea.org/specials/article/2667