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Reporting an unethical/illegal issue found on translation. PLEASE HELP
Thread poster: Lucia Moreno Velo
DZiW (X)
DZiW (X)
Ukraine
English to Russian
+ ...
considered by whom? Feb 16, 2019

While some topics are still in a gray zone of science and humanity, if researchers (A) informed the patients and (B) have the signed papers--even without strict indications, it's neither illegal, nor unethical.
Recommendation
[advice; a suggestion or proposal as to the best course of action]
Routine or liberal use of episiotomy is not recommended for women undergoing spontaneous vaginal birth.

(Not recommended)
[not forbidden]

--WHO

Shortly, it's not even 'mother vs child', but rather 'benefits vs risks' per individual case.

Let's leave sophisms and "existence determines consciousness" discussions to laymen and philosophy or general translators, not medical translators dealing with [unethical] illnesses/diseases, [unethical] animal and human researches, [unethical] suffering, and [unethical] death.


Eliza Hall
P.L.F. Persio
 
Lucia Moreno Velo
Lucia Moreno Velo  Identity Verified
Spain
Local time: 09:30
Member (2010)
French to Spanish
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TOPIC STARTER
Thanks for your answers Feb 16, 2019

Thank you everyone for your articulate answers.

I sent the job to my client and raised the issue with them.

I have read the abstract of this trial (I have no access to the actual article yet) and I have no doubt it is unethical, as I have no doubt that it would have been illegal if it had been conducted in Europe or North America. I do not know if it was actually legal in the country it was conducted in, as I do not know the laws of that country. In Mali, it is legal t
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Thank you everyone for your articulate answers.

I sent the job to my client and raised the issue with them.

I have read the abstract of this trial (I have no access to the actual article yet) and I have no doubt it is unethical, as I have no doubt that it would have been illegal if it had been conducted in Europe or North America. I do not know if it was actually legal in the country it was conducted in, as I do not know the laws of that country. In Mali, it is legal to stone people to death for living together without being married (https://www.telegraph.co.uk/news/2017/05/18/unmarried-mali-couple-stoned-death-forviolating-islamic-law/), however, that legality does not stop people everywhere (including Mali) to protest those actions.

I have, by the way, 20 years experience translating medical trials, literature reviews, etc., and I have never come across such a thing.

My original question was to see if anyone could direct me to any guidelines about actions to take when encountering unethical issues while translating. Apparently there are none, but I will keep looking.

The ethics of the design and implementation of medical trials are, however, well established and there are lots of literature about it (see, for example, https://www.ema.europa.eu/en/ich-e6-r2-good-clinical-practice). As a translator working in this field for so long, forgive if I consider myself part of the clinical trials industry and bound by its best practices and ethical guidelines.

I am now awaiting an answer from the human rights watch organizations I contacted and will do nothing else without their counsel. The HR lawyer who directed me to them is interested in pursuing the issue pro bono, so I might leave it to her.

Thank you again for your input,
Lucía
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Kay Denney
Rita Translator
 
Eliza Hall
Eliza Hall
United States
Local time: 04:30
French to English
+ ...
Still not convinced Lucia understood the ethical issues Feb 17, 2019

jyuan_us wrote:

it may have been read by tens of thousands of healthcare professionals. Let's say 10,000 healthcare professionals have read it. If 1 out of 10 has the conscience of reporting it as unethical, what would happen?

Guess people have better things to do nowadays.

[Edited at 2019-02-16 20:27 GMT]


Or maybe it was perfectly ethical and Lucia misunderstood it. Why would one translator have a better grasp of medical ethics than thousands of doctors, nurses, and medical researchers?

I understand that Lucia is keeping us in the dark a bit about this study because she presumably has some confidentiality obligations towards her client. So we can't evaluate the ethics of it ourselves. But all she's said to suggest that it was unethical is that it was randomized. Obviously that alone doesn't make it unethical; most medical studies are randomized.

Randomization does not mean absence of consent. If you randomize 10,000 people into two groups of 5000 and then 1000 of the people you sorted into the "get the medical procedure" group decline the medical procedure, you do it on the other 4000 and proceed with your study. I don't know how randomization and consent were handled in this study, but neither does Lucia, since she hasn't read it. But the mere fact of randomization doesn't mean ANY women were given episiotomies without consent.

Also, we don't know how old this study is -- but the REASON that episiotomies are now only done "under certain circumstances" and not used extensively is BECAUSE studies like this were done. Episiotomies used to be routinely done because it was believed they prevented serious tearing. Studies comparing women who got them with women who didn't showed that they didn't actually prevent serious tearing, so they stopped being routine. Was this study one of those? If so, then it was ethical under the standards of its own time, even though it might not be ethical if it were done again today.

And finally... Lucia says she hasn't even read the study! She just read the abstract, saw that women were randomized to receive the procedure or not, and apparently decided that that meant it was time to call human rights organizations. Lucia, I appreciate your passion about this issue, but have you considered that you might be wrong here?

B D Finch wrote:

the ethical issues with randomisation are very complex... So, the research would need to be assessed in detail.


True. But Lucia hasn't even read the actual study, so she can't assess it. I'm just concerned about her incredibly strong reaction to the mere fact of randomization, and to a study that she's only read the abstract of. Shouldn't her first step be to read the actual study? Yes, it can cost $30+ to get a copy of some studies (or she might be able to get it for free). But randomization alone shouldn't raise ethical alarm bells (most medical studies are randomized), and when you haven't even read the study itself, it seems out of proportion to be passionately declaring that the study definitely was unethical and preparing to call human rights organizations.

[Edited at 2019-02-17 05:37 GMT]


Arabic & More
Kaspars Melkis
neilmac
Liviu-Lee Roth
Oriana Bonan
P.L.F. Persio
Dan Lucas
 
Philip Lees
Philip Lees  Identity Verified
Greece
Local time: 10:30
Greek to English
The main point Feb 17, 2019

Eliza Hall wrote:

the REASON that episiotomies are now only done "under certain circumstances" and not used extensively is BECAUSE studies like this were done.


This was the point I wanted to make. Thank you for making it more clearly than I did.


Eliza Hall
Daryo
 
jyuan_us
jyuan_us  Identity Verified
United States
Local time: 04:30
Member (2005)
Chinese to English
This ethics and that ethics Feb 18, 2019

B D Finch wrote:

The Misha wrote:

Ask yourself if you are out to change the world or simply want to make a living translating texts. If it's the former, good luck with it. I'll talk to you again in ten years.


Thank you to The Misha for reminding us that there are people in our profession who really don't give a toss about ethics. Perhaps those of us who manage to both make a living and maintain a moral conscience are not only better translators (professional bodies consider codes of ethics an important aspect of professionalism), but also have more self-respect.


I think "codes of ethics" for professional translators are irrelevant to the issue of ethics that the OP has raised. The OP was bothered by a study she perceived to be unethical. Whether it was ethical or not, it has nothing to do with the "codes of ethics" for professional translators.

[Edited at 2019-02-18 06:02 GMT]


Liviu-Lee Roth
Eliza Hall
 
Samuel Murray
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Netherlands
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English to Afrikaans
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@The Feb 18, 2019

jyuan_us wrote:
B D Finch wrote:
The Misha wrote:
Ask yourself if you are out to change the world or simply want to make a living translating texts.

Thank you to The Misha for reminding us that there are people in our profession who really don't give a toss about ethics.

I think "codes of ethics" for professional translators are irrelevant to the issue of ethics that the OP has raised.


Although I agree that translators' ethics are not the same as ordinary ethics, I think it should be possible for a translator to be concerned about both.

However, since ethics is about honesty, perhaps it should be best if translators who are less willing to deviate from their own belief systems tell clients upfront that they are such translators. In other words, put it in your contract that you reserve the right to unilaterally cancel the agreement at any time if any aspect of the job contradicts your own personal ideas about moral values.

There is nothing wrong with being such a translator, but I think it is more honest (more ethical) to make sure the client knows it. I think most clients assume that translators are "neutral" (i.e. able to abstract the world of the source text from their own world) and leave moral judgments to the client.


Liviu-Lee Roth
 
Kaspars Melkis
Kaspars Melkis  Identity Verified
United Kingdom
Local time: 08:30
English to Latvian
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Samuel, it is more than that Feb 19, 2019

If translators are specializing in clinical trial documentation so much that they consider themselves practically to be a part of a team that is responsible for successful completion of the project – which is a good thing because it would give the translators the recognition they deserve – then it also puts certain obligations on them regarding reporting unethical actions they have learned while being involved in the project.

If one is a healthcare professional who is also a tra
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If translators are specializing in clinical trial documentation so much that they consider themselves practically to be a part of a team that is responsible for successful completion of the project – which is a good thing because it would give the translators the recognition they deserve – then it also puts certain obligations on them regarding reporting unethical actions they have learned while being involved in the project.

If one is a healthcare professional who is also a translator or an editor, then it is understood that the standards of their ethical obligations as a medical professional extend to their linguistic role. Translators who are not healthcare professionals would not be held accountable to high ethical standards but nevertheless if they claim to be experts, it would be expected that they have good understanding of ethical issues and are ready to report any mistreatment of patients. As I see it, translation is never about the words. It is more about what meaning we provide to readers and what impact it will have on people. Even purely as translators we have a responsibility that our message we create does not harm people.

The ethics of clinical trials can be complicated and there have been many abuses in the past. Therefore the Declaration of Helsinki was drafted outlining basic ethical principles in human trials. It is not a law but guidelines that are accepted as basis for good clinical practice which in turn is required by law regulating clinical trials in practically all countries.

While the case described here was not very clear, my understanding is that reporting about possible ethical transgression is done by following hierachy. First, one would contact the client. It probably is not very effective because clients which are often agencies don't even respond to questions about ambiguities in the source text. They are not very transparent and frankly, not trained to deal with medical texts.

The next point of contact is ethics committee or in the US it is institutional review board. They are directly responsible of patients and their welfare and would take any complaints seriously. If that fails, I would contact the national authority that deals with patient safety and then the professional association of doctors who can investigate any incidents.

Misha hinted that if there was an ethics transgression in some study then some doctor had already caught and that reported. It is probably true but remember that infamous Wakefield paper arguing that vaccines cause autism? That wasn't caught by doctors. They were naively trusting the published paper at face value and it took an investigative journalist to actually discover the fact that Wakefield had received money from pharmaceutical company for this paper. And he was struck off only because he had lied to patients when getting their informed consent. Thus while it is not very likely that we as translators in our work will encounter a genuine case to be reported to authorities, we shouldn't dismiss the possibility entirely. Lucia was right – the question was how to report suspected issue, not to prove her misguided without any facts in hand.
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Kay Denney
Michael Wetzel
MollyRose
Rita Translator
 
Helena Chavarria
Helena Chavarria  Identity Verified
Spain
Local time: 09:30
Member (2011)
Spanish to English
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My personal experience Oct 18, 2023

I didn't want to start another thread and this one is the nearest I could find in relation to the unethical/illegal issue I have encountered.

I've recently done a couple of perfectly legit ES>EN translations for a London-based agency and everything has gone well. However, this afternoon the PM sent me a letter to be translated that supposedly came from a law firm in London, but I've just discovered that that isn't the case and I think the letter is going to be used for advance fee f
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I didn't want to start another thread and this one is the nearest I could find in relation to the unethical/illegal issue I have encountered.

I've recently done a couple of perfectly legit ES>EN translations for a London-based agency and everything has gone well. However, this afternoon the PM sent me a letter to be translated that supposedly came from a law firm in London, but I've just discovered that that isn't the case and I think the letter is going to be used for advance fee frauds. It informs the addressee that two years ago they won £985,237.00 on the lottery but because they didn't claim the money, the amount has since increased to £1,550,225.85.

I found out because I was checking the translation of 'OPCIÓN DE PAGO cheque certificado que se entregará diplomáticamente' (PAYMENT METHOD certified cheque that will be delivered by a diplomat) and I read that so-called 'diplomatic delivery' and 'diplomatic courier services' are a common part of advance fee fraud plots. The victim is told that a valuable 'consignment', such as a box full of cash, a lottery prize cheque etc. will be delivered by a diplomat.

It made me feel suspicious, so I began researching and discovered that the law firm, address and phone number don't exist. Obviously I don't want anything to do with scams but I told the agency that I would do the job. As I accepted the PO, am I expected to honour the agreement between the agency and myself?
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Björn Vrooman
Björn Vrooman
Local time: 09:30
German to English
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Level of participation Oct 19, 2023

Helena Chavarria wrote:

It made me feel suspicious, so I began researching and discovered that the law firm, address and phone number don't exist. Obviously I don't want anything to do with scams but I told the agency that I would do the job. As I accepted the PO, am I expected to honour the agreement between the agency and myself?



While older, this thread is also a good starting point: https://www.proz.com/forum/translation_theory_and_practice/171797-possibly_illegal_activity_revealed_in_a_document-page2.html

The way I see it (though I don't know the UK system well enough in that regard, so the following does not constitute legal advice), by translating this letter, you'd be actively participating in what might be a scheme to defraud, especially since you've already established that the company in question doesn't exist.

That's the main difference, I think, between the OP's situation and yours, as your translation would presumably be integral to the scheme--you wouldn't be able to convince someone to part with their money without it.

I'd raise the issue with the agency and see what they say. Maybe they're not aware of the letter writer's intention and will be glad you said something. I mean, otherwise, they might be on the hook for it as well.

Cf. https://419scam.org/419-netxpress.htm

PS
Disregard what I said above if the translation is to be used as part of, e.g., a court case, a police report, or similar--though you haven't given us any indication that this is the case.

(I am wondering, however, why a scammer would pay for having these kinds of letters translated. Maybe they've already earned enough money from other scams and now want to refine their methods. Scary thought, I guess.)

PS2
By the way, it seems highly odd that--during a low-interest phase, no less--the recipient's unclaimed winnings have purportedly increased by around 50%.

Best wishes

[Edited at 2023-10-19 10:32 GMT]


 
Evgeny Sidorenko
Evgeny Sidorenko
Russian Federation
Local time: 11:30
English to Russian
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Stupidity is more common than we think Oct 19, 2023

As it happens, however stupid a scam may be (diplomats with lots of cash, etc.), there will always be someone to fall for it... So I wouldn't do it just because it may hurt someone eventually. No matter if the PO is accepted or not, that's a poor excuse for, even if indirectly, participating in a possible fraud. There's not much in this world that I hate more than fraud schemes aimed at vulnerable people, like pensioners, or just people desperately searching for an income or something and not be... See more
As it happens, however stupid a scam may be (diplomats with lots of cash, etc.), there will always be someone to fall for it... So I wouldn't do it just because it may hurt someone eventually. No matter if the PO is accepted or not, that's a poor excuse for, even if indirectly, participating in a possible fraud. There's not much in this world that I hate more than fraud schemes aimed at vulnerable people, like pensioners, or just people desperately searching for an income or something and not being smart enough to sort it out. It's sadly a part of the modern technology-dominated world, so what we as translators can do is just say no. I've been recently contacted by a new agency with a similar kind of task. On top of the suspicious content, from my perspective, they were very risky in terms of payment too, so so I told them where to shove this. It's weird but similar kind of companies, like fraud groups and non-paying translation 'agencies', seem to be cooperating. I've seen this happen before in other businesses, like they're sticking to each other like you know what.Collapse


 
Lucia Moreno Velo
Lucia Moreno Velo  Identity Verified
Spain
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French to Spanish
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Ethics and the law Oct 19, 2023

I believe the letter you are asked to translate is part of a scam. This said, there are two two issues here, IMO. One is the legality of it, which will vary country to country and might not touch you. The second one is the ethics of it. Do you want to have a hand in this? Can you be happy translating a letter that might be used to scam someone? This is for you to say.

I (OP) personally do not and will not translate anything that is unethical according to my sense of ethics, no matte
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I believe the letter you are asked to translate is part of a scam. This said, there are two two issues here, IMO. One is the legality of it, which will vary country to country and might not touch you. The second one is the ethics of it. Do you want to have a hand in this? Can you be happy translating a letter that might be used to scam someone? This is for you to say.

I (OP) personally do not and will not translate anything that is unethical according to my sense of ethics, no matter its possible legality in any country. But I do not claim my ethics are universal, good or even correct. To each their own.

Since you are looking for advice, I agree that talking to the agency, as has already ben suggested, is the best thing to do. They might be able to give you a sound explanation for it (for example, it might be part of a course on not falling for scams). If not, you will have more information to make your decition.

Good luck!
Lucía
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Tom in London
Tom in London
United Kingdom
Local time: 08:30
Member (2008)
Italian to English
Refuse Oct 19, 2023

Lucia Moreno Velo wrote:

Hello,

I am translating a review of medical literature and I find a study where women participants about to give birth are *randomized* to get an apisiotomy or not. Now, episiotomies are only to be given under certain circumstances and the extensive use of episiotomies is considered abusive and a form of violence against women. This practice also goes againts WHO guidelines and all guidelines I know. I would like to report this study. Can anyone direct me to any guidelines of ethics for translators that talk about actions to be taken when finding proof of illegal/unethical activity in a translation, please?

Thanks,
Lucía


Why didn't you just refuse the job?


 
Lucia Moreno Velo
Lucia Moreno Velo  Identity Verified
Spain
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Why I did not reject the job Oct 20, 2023

Hi Tom,

The job included a literature review and the issue was with one of the cited articles. I became aware of it when I got to the detailed description of the article. Neither the agency nor the client were the ones doing the deed. However, the study the article described was very obviously unethical. It was very recent, done in a time when we already knew the consequences of unwarranted epistomies. I spoke to a civil rights organization in the country and they told me these viol
... See more
Hi Tom,

The job included a literature review and the issue was with one of the cited articles. I became aware of it when I got to the detailed description of the article. Neither the agency nor the client were the ones doing the deed. However, the study the article described was very obviously unethical. It was very recent, done in a time when we already knew the consequences of unwarranted epistomies. I spoke to a civil rights organization in the country and they told me these violations of human rights were common, as they preyed on a population with very little knowledge and means.

To answer your question, I became aware of the issue mid-translation and the job was not unethical in itself. Although you could argue that citing (and publishing it in the first place) are unethical, which I pointed out to the client via the agency.

I have rejected jobs because of ethical issues. The latest was from a "church" which after some research turned out to be a cult. I rejected their offer.

I refuse to participate in the "banality of evil" (https://en.wikipedia.org/wiki/Eichmann_in_Jerusalem#Banality_of_evil), ie to be a clog in an oppresive system "just doing my job" without questioning what things I am enabeling.

Have a great weekend!
Lucía
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Tom in London
 
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Reporting an unethical/illegal issue found on translation. PLEASE HELP







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