Interim Report

Table of Contents

1 Introduction
2 What is Deaf Legal Theory?
3 The project
4 Why do we need a model?
5 The BIG Survey results
5.1 Category
5.2 Regions
5.3 Label
5.4 Gender
5.5 Age
5.6 Thematic analysis
6 Proposed models
6.1 Model A
6.2 Model B
6.3 Model C
7 Conclusion
References

1 Introduction

This report outlines the development of Deaf Legal Theory (DLT), a framework designed to address the legal needs and experiences of deaf individuals worldwide. The report describes the results of the BIG Survey, which gathered perspectives from the global deaf community, practitioners, and academics, and presents a thematic analysis of key issues such as access, community representation, and intersectionality. Additionally, it introduces three proposed models for DLT, designed through collaboration with a Working Group and informed by polls, discussions, and interviews. Through this report, we explore why a model is needed, examine the core themes identified in the BIG Survey, and propose actionable frameworks to assist researchers and practitioners who wish to apply DLT to their respective areas of legal research.

2 What is Deaf Legal Theory?

By way of an introduction, DLT is a new concept in the field of study known as ‘jurisprudence,’ that is, various critical approaches to law through which a critical examination of a legal system or area of law can be made.

In order to apply DLT to a legal system or area of law, a method needs to be engaged in order to determine the extent of ‘hearing-subjectiveness’ (Bryan & Emery, 2014).  Wilks (2022) devised the following model based on Bryan and Emery’s chapter, which is also displayed in graphic form at Figure 1:

1. The frame of understanding within society in relation to deaf people (e.g. deaf people, the health and medical profession, charities, hearing people).
2. What assumptions have been made regarding deaf people in the shaping of the law (e.g. using the medical or social model of disability, or the language minority model)?
3. The participation of deaf people in the shaping of the law and/or policy (e.g. was there meaningful consultation with the deaf community on their own terms).

4. To what extent has society imposed its cultural order on deaf people in relation to the law (e.g. hearing culture, other cultures)?
5. The application of the law to deaf people (e.g. the relevant legal principles and how they or should be applied to deaf people)?
6. The impact the law has on deaf people and their allies.
7. Do deaf people experience further oppression rather than liberation or are they afforded rights (e.g. does the law reinforce the status quo or does it portray deaf people on their own terms)?
8. What do we learn about how the law can and should bring deaf people within its purview?

When this process is applied to a legal system or area of law, the result should that incomplete assumptions are exposed, and ‘Deaf jurisprudence’ is further expanded.

3 The project

However, while the DLT model that was developed by Wilks (2022) appears to be a workable model, Wilks was conscious that this model had been developed without any input from the global deaf community, and in the spirit of participation, one of the tenets of the original model, he applied for funding in order to remedy this.

The aim of this project therefore is to scale up the impact of DLT utilising the co-production method by working with three sources of expertise: citizens (people with lived experience), practitioners (for application(s)), and academics (for rigour) to revise and refine the DLT Model. The co-production approach will ensure that representative perspectives, experiences, needs and viewpoints of deaf people feed into the revised DLT model, all the while ensuring community empowerment.  After all, as the saying goes: “nothing about us, without us.”

The project consists of seven specific activities. 

• Developing a website at www.deaflegaltheory.com, used to host blog/vlogs, exposés, webinars, and publications. 
• A Working Group of eight members, representing diverse perspectives within the deaf community, was formed. 
• An initial survey in English and International Sign was deployed to gather 200 responses, utilising Non-Government Organisations (NGO) partnerships and social media outreach. 
• A 1.5-day Zoom workshop, conducted in International Sign, involving eight participants, analysed the survey results to ascertain the most important themes from the survey to be used as part of the DLT model, resulting in this interim report. 
• A one-day Development Workshop with 18 participants, including the Working Group and 10 respondents identified through the initial survey, to refine the model, leading to a final report. 
• The final report, translated into International Sign, will be disseminated through the website and social media, accompanied by a feedback survey. 
• A webinar will be conducted via Zoom to share final report results, reaching out to survey respondents, NGO members and academic networks.

The intended impact of the Project is as follows:

• To empower the international deaf community, deaf NGOs, deaf lawyers and deaf (legal) academics to shape and influence the immersion of DLT within legal jurisprudence.
• To establish a resilient conceptual and methodological framework that lays the groundwork for future studies and practical applications of DLT, furnishing both academic and non-academic stakeholders with the tools necessary to examine, explore, or comprehend how deaf people are framed within their respective legal systems and in different areas of law.
• To create and maintain a centralised resource hub dedicated to DLT, serving as a comprehensive repository of information, insights, and resources for the benefit of the international deaf community, researchers, and students. 
• To provide the foundational elements necessary for the submission of large-scale funding applications.

4 Why do we need a model?

A model for DLT is necessary for several reasons. First, it would provide a clear framework to clarify what legal rights deaf individuals need to be, ensuring that their specific needs are fully recognised within the law. By offering a consistent approach across different legal systems, the model would help prevent disparities in the application of DLT and focus law- and policymakers on how to address the systemic barriers to justice that deaf people often face, such as the lack of access to sign language interpreters and inaccessible processes and serve as a reminder to ensure full participation by deaf individuals.

A key focus of the model would be to balance disability and language rights, recognising both the cultural and linguistic aspects of deaf identity alongside disability frameworks. It would work to protect the cultural and linguistic identity of deaf individuals by ensuring that sign languages are included, given their important role in deaf lives. Additionally, the model would guide legal reforms, ensuring that deaf individuals’ needs are accounted for in law-making processes.

For policymakers and legal professionals, the model would provide a roadmap to support their efforts in implementing inclusive legal frameworks. It would also foster accountability by ensuring that legal systems are responsible for providing equitable access to justice for deaf individuals. By emphasising adaptation to global and cultural differences, the model would ensure flexibility and relevance across diverse legal contexts. Ultimately, the model would empower deaf communities, enabling them to advocate for their rights and participate fully in society.

5 The BIG Survey results

The BIG Survey, conducted between 14 June 2024 and 31 August 2024, gathered 243 responses from diverse participants. Deployed through a targeted social media campaign, the survey aimed to capture a wide range of perspectives on key issues relevant to the development of DLT. The results provided valuable insights into lived experiences, professional practices, and the academic community, helping to shape the foundational themes for the proposed models.

5.1 Category

The survey results indicate a varied distribution across respondent categories, with the majority of participants coming from those with lived experience as deaf individuals, totalling 127 respondents (see Figure 2). This is a good representation of firsthand perspectives, ensuring that the experiences of deaf individuals themselves are central to the development of the DLT model. Practitioners follow, with 58 responses, reflecting the views of those working directly within the legal, advocacy, or related fields. Finally, 54 responses were provided by academics, adding an important theoretical and research-driven dimension to the survey. This balance between lived experience, practitioner insight, and academic expertise ensures a holistic foundation for the DLT model, which will inform the creation of the final model.

5.2 Regions

The geographic distribution of responses from the BIG Survey reveals a significant concentration of participants from the UK, with 151 responses, representing the overwhelming majority of the data (see Figure 3). In comparison, Europe (excluding the UK) and North America both contributed 27 participants each, followed by Oceania with 20 participants. Regions such as Africa and Asia are underrepresented, with only 6 and 4 participants, respectively, as is South America with 4 participants. This distribution highlights the need for broader engagement from the Global South to ensure the global applicability of the DLT model. While the UK’s dominance in the data may reflect successful outreach or heightened relevance in that region, future efforts should aim for a more balanced global representation.

5.3 Label

In Figure 4, the BIG Survey responses by label indicate that the majority of participants identified as deaf, with 132 respondents, demonstrating the significant representation of the deaf community. This strong presence ensures that deaf perspectives are central to the development of DLT. A smaller portion of respondents identified as Hard of Hearing (14) and Other (14), while hearing individuals accounted for 54 responses, providing an external viewpoint. There were also 18 responses from Sign Language Persons (SLP), 4 Deafblind individuals, and 3 hearing impaired.

5.4 Gender

Survey responses show a significant gender imbalance, with 160 participants identifying as female, making up the majority of the respondents (see Figure 5). In comparison, 75 participants identified as male, followed by 2 non-binary participants and 1 gender-fluid participant. Additionally, 1 respondent chose to prefer not to say. This distribution reflects a strong female representation in the data, with relatively fewer responses from other gender identities.

5.5 Age

The survey responses by age group (see Figure 6) show a strong representation from middle-aged participants. The majority of respondents fall between 40–49 years old (73 participants) and 50–59 years old (66 participants), with a significant portion also aged 60+ (40 participants). There is lower representation from younger age groups, with only 11 respondents in the 22–29 range, 4 respondents aged 18–21, and 45 respondents aged 30–39. This age distribution indicates that the perspectives of older adults are dominant, while younger generations are underrepresented in the data. This could influence the overall focus of the model, and the needs and priorities identified for DLT.

5.6 Thematic analysis

The thematic analysis process for the BIG Survey involved several key stages.  Initially, NVivo was used to analyse and code the survey responses, leading to the identification of 21 themes (see Figure 7, Column A). These themes emerged from responses across various categories, including those with lived experience, practitioners, and academics. 

Part 1 of the Brainstorming Workshop was a critical step in developing the final themes for the DLT model. The Working Group engaged in a dynamic process of discussion, polling, and interviews to determine the most relevant aspects of the BIG Survey. Throughout the workshop, participants completed polls to indicate their preferences on key issues, helping to narrow down the essential components of the model (see Figure 7, Column B). These polls were a vital tool in building consensus and guiding the group toward unified decisions.

In addition to the group discussions (see Figure 7, Column C), a series of individual interviews were conducted with Working Group members. These interviews, based on questions agreed upon by the group, explored four main areas: who is DLT for, should the focus be on linguistic or disabled rights, should access be central to or even part of DLT, and what principles should we include in DLT? The feedback from these interviews provided deeper insights into the group’s perspectives (see Figure 7, Column D), which were then integrated into the final stages of the model’s development.  Through this process, the group refined the list of key themes from the BIG Survey into the final list of themes to be used to develop the DLT model (see Column E, Figure 7).

Through this collaborative and multi-layered process, the group arrived at a set of nine core themes – access and accessibility, community representation, co-creation, participation and inclusion, recognition of sign languages, the framing of deaf people as disabled or a linguistic minority, awareness and training, adaptability and flexibility, intersectionality, and advocacy – which were to shape the structure of the DLT model moving forward.

6 Proposed models

As the Brainstorming Workshop progressed into Part 2, the Working Group examined a variety of model types to find the most appropriate structure for DLT. These included the rights-based model, social inclusion model, process-oriented model, co-production model, intersectional model, community empowerment model, and restorative justice model. After thorough discussion, the group expressed a desire to create a model that encapsulates elements from most of these frameworks.

6.1 Model A

Model A presents a comprehensive framework with nine pillars that focus on various aspects of DLT. Each pillar represents the nine key themes that were developed through the Brainstorming Workshops by the Working Group:

• Access and accessibility – focuses on sign language interpreters, information, legal texts and legal advice, and awareness of these.
• Community representation – highlights the importance of diverse voices, cultural identity, and collective efforts within the deaf community.
• Co-creation and participation – advocates for collaborative and shared decision-making processes, with a focus on inclusion and community engagement in legal contexts.
• Recognition of sign languages – stresses the need for legal recognition of sign languages, framing deaf people as part of a language minority group.
• Framing and identity – addresses language and disability perspectives, acknowledging the intersection of social, medical, and linguistic framings of deaf people.
• Awareness and training – focuses on awareness programmes, and the importance of training for various stakeholders, particularly law- and policymakers, to foster understanding of deaf issues.
• Intersectionality and inclusion – incorporates the experiences of deaf individuals across race, gender, sexuality, and other aspects of identity, ensuring full community participation and recognition of intersecting identities.
• Advocacy – centres on legal and policy change and systemic reforms, particularly in the context of human rights frameworks and the recognition of sign languages.
• Adaptation and flexibility – encourages continuous improvement in practices, policies, and cultural relevance across different global and legal systems, fostering adaptability to ensure inclusion.

6.2 Model B

Model B is a streamlined approach of Model A with four key pillars, each of which represents broader themes in DLT.

• Access and accessibility – emphasis is on sign language interpreters, information, legal texts and legal advice, and awareness of these.
• Community engagement and advocacy – supports co-creation and participatory approaches, ensuring that the deaf community is actively engaged in legal advocacy and decision-making processes.
• Language and identity – focuses on language rights, cultural respect, and balancing the perspectives of deaf individuals as part of a language minority and/or disabled community. It also highlights the recognition of sign languages in legal frameworks.
• Cultural and contextual relevance – this pillar addresses the need for local, regional, and national practices, social norms, and contextual understanding. It encourages flexibility and adaptability to account for global and cultural variations in legal systems and deaf communities, while also recognising intersectionality.

6.3 Model C

Model C attempts to reduce the number of pillars from four to three key pillars: Collective Engagement, Rights, and Change.

• Collective engagement – this pillar emphasises the importance of participation, collaboration, inclusion, and empowerment. It involves various stakeholders in community representation, co-creation, and advocacy, and encourages training, awareness, and the consideration of intersectionality to foster more inclusive environments.
• Rights – focuses on legal rights, access to justice, fairness, and recognition of equality. It addresses accessibility in various sectors, including the recognition of sign languages and the status of deaf people as both a linguistic and cultural minority.
• Change – centred around adaptability, progress, and improvement. It emphasises the need for development through flexibility, considering both global and cultural variations. The model promotes continuous improvement and the ability to adapt to different contexts.

7 Conclusion

In conclusion, this report highlights the critical need for a DLT framework that addresses the unique legal challenges faced by deaf individuals. Through a comprehensive analysis of the BIG Survey results and collaborative input from the Working Group, several essential themes have been identified such as access, community representation, and cultural relevance. The proposed models offer structured pathways for embedding these themes into legal systems and policies, ensuring that deaf people’s linguistic and disability rights are fully recognised and protected. Moving forward, the adoption of such models could foster greater equity, participation, and advocacy for deaf communities worldwide.

References

Bryan, A., & Emery, S. (2014). The Case for Deaf Legal Theory Through the Eyes of Deaf Gain. In J. J. M. H-Dirksen L Bauman (Ed.), Deaf Gain: Raising the Stakes for Human Diversity (pp. 37–62). University of Minnesota Press.

Meyerson, D. (2007). Understanding Jurisprudence. Routledge. https://doi.org/10.4324/9780203867877

Wilks, R. (2022). Developing Deaf jurisprudence: The role of interpreters and translators. In C. Stone, R. Adam, R. M. de Quadros, & C. Rathmann (Eds.), Routledge Handbook of Sign Language Translation and Interpreting (pp. 249–266). Routledge.