Providing
culturally competent legal services to our clients and client
communities is an important obligation. Part of being competent
requires that we become more effective in communicating with our
clients – getting and giving accurate information – and providing
appropriate solutions regardless of cultural background. In the
courtroom and the administrative hearing, we must be able to translate
our client's situation for the decision maker, who many times differs in
background, identity and experiences from our clients.
Once we've
achieved a rudimentary knowledge and understanding of cultural
differences and communication difficulties with clients, we must
consider practical steps to diminish the unfair impact of these
problems in trials and hearings. The basic strategy must focus on
minimizing cultural misunderstanding in the courtroom or hearing
itself. Cultural differences should be taken into account where
necessary to assure a fair result. Expert testimony and declarations
as well as background evidence are among the channels by which such
evidence can be presented.
Cultural
Competence
• Awareness of one’s own cultural values
• Awareness that
people of different cultures have different ways of communicating,
behaving, and problem solving
• Ability to
address cultural barriers that affect communication between advocates
and clients.
• Ability to
represent client's perspective in a variety of forums
• Commitment to a
life-long pursuit of understanding different cultures and developing
skills to improve cultural competence
• Ability to
provide services that are meaningful and fit with the cultural beliefs
and client lifestyles.
• Balance between
an individual’s autonomy or freedom to practice personal beliefs vs.
the right of a community to be protected from harm.
Cultural Competency Continuum
www.pitt.edu/~super1/
lecture/lec4271/027.htm
Cultural
Destructiveness: Behaviors,
attitudes and policies that are destructive to a culture and its
members. Examples include racism, stereotyping, collusion, and
exclusionary practices.
Cultural
Indifference: Behaviors,
attitudes and policies that are ignorant of or indifferent to the
importance of cultural diversity and the impact of culture on legal
services.
Cultural Awareness:
Behaviors, attitudes and policies that begin to demonstrate
sensitivity to cultural differences, acknowledge disparities, and
refrain from making value judgments. Builds understanding of
assumptions and values upon which and individual’s behavior and
world-view rest. Includes cultural self-awareness as the basis for
accepting other cultural beliefs and values.
Cultural
Competence: The life-long
commitment to developing the beliefs, attitudes, values, skills and
policies necessary to respond with respect and empathy to people of
all races, religions, ethnicities, income levels, and identities in a
manner that recognizes, affirms, and values the worth of the
individual, family, and community.
Cultural
Proficiency: Advanced
cultural competence demonstrated by participation in research to add
to the body of knowledge, develop new approaches and disseminate
findings pertaining to culturally competent practices.
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