Silence and Voice in Oral Hearings: Spatial, Temporal, and Relational Conditions for Communication in Asylum and Compulsory Care Hearings

The legal right to be heard by a judge is an important human right. However, what happens if claimant does not meet the requirements of communication when given opportunity in court? In this article, I address question exploring how temporal, spatial, and relational conditions encourage or silence vulnerable claimants’ voices asylum hearings compulsory psychiatric care Swedish administrative courts. addition, analyze multiple functions orality has judges make decisions these case types. results provide nuance claims previous studies about importance enough time, spaces that signal solemnity, flexibility judges’ approaches demonstrating interact with each other generate different communicative atmospheres. Moreover, study challenges idea oral are necessarily beneficial for claimants as it demonstrates under certain can place at disadvantage amplify their defenselessness. brings legitimacy court proceedings even cases communicates justice public evaluating procedures from distance.