Free and Uneasy

by Mary Johnson-Butterworth

When I visited the Equal Justice Initiative Legacy Museum, I sat down at a booth where I was separated by plexiglass from a video of a prisoner who picked up a phone as I picked up my receiver.  This prisoner told me of his 12 years in solitary confinement and his struggles to survive, and then he shared his beautiful poem with me.  Given my recent passion for poetry, I felt that I had just had a karmic experience, and it affected me deeply.  I dedicate this poem to Mr. Ian Manuel, a brilliant writer, who is now free and currently resides in Florida.

the inside of Alcatraz
Outside this empty shell. Source: Derek Finch, Creative Commons

I am humbled to meet you

In a place defining legacy as atrocity.

Here in a cubicle with the glass between us,

I learn your stare before I sit;

Your stagnant gaze stings like lashes.

Lashes–but what do I know of lashes?

 

In terror, I reach for the receiver

While you do the same.

You introduce yourself to all who call

With a show of strength in sepia

As you share yourself on video.

Terror—but what do I know of terror?

 

You tell me of your bleak and solitary plight,

Of the fight with your tortured soul,

Of your twelve years in a cell alone

With no human breathing near you.

I have suffered my own confinements.

Solitary—but what do I know of solitary?

 

You speak of an exploration within–

Within your hourless term,

A timelost search for your voice

Within the breadth of your mind,

A mind that ever evades capture.

Capture—but what do I know of capture?

 

You proclaim the poem of your truth,

Well-versed in human pain,

Words meting out the inner you.

I listen with my newfound poet’s ear

To the meaning of your life.

Pain—but what do I know of pain?

 

Shocked by our common shred,

I return the receiver to the still shot

Of your shackled silence.

What reverberates for me now

Is of words you set aloft and free.

Poetry—for we two know of poetry.

Guardians: The Bridge between the Medical and Social Models of Disability

Getting fitted out for a better future Omar (in the middle surrounded by his brother Rasekh, 10 and sister Majan, 8) was born with weak legs and hands since birth. They came to the Red Cross orthopedic clinic in Kabul with their father to get Omar fitted up for a wheelchair. Rasekh is in grade 4 and love Dari classes – he would like to be an engineer. Omar will have to be pushed around for the rest of his life, but his siblings are happy to support him to have a normal life – he hopes to start school soon. Aid from the UK is supporting the International Committee of the Red Cross (ICRC) to run a network of seven orthopaedic centres across Afghanistan to assist those affected by mobility disabilities, including hundreds of mine victims. The UK is to help provide 3,800 new artificial limbs and 10,000 crutches for Afghan children and adults disabled during 30 years of conflict and extreme poverty. UK Dept of Intl Development
Omar (in the middle surrounded by his brother Rasekh, 10 and sister Majan, 8) was born with weak legs and hands since birth. They came to the Red Cross orthopedic clinic in Kabul with their father to get Omar fitted up for a wheelchair. Rasekh is in grade 4 and loves Dari classes, he would like to be an engineer. Omar will have to be pushed around for the rest of his life, but his siblings are happy to support him to have a normal life, he hopes to start school soon. Aid from the UK is supporting the International Committee of the Red Cross (ICRC) to run a network of seven orthopaedic centres across Afghanistan to assist those affected by mobility disabilities, including hundreds of mine victims. The UK is to help provide 3,800 new artificial limbs and 10,000 crutches for Afghan children and adults disabled during 30 years of conflict and extreme poverty. Source: UK Department of International Development, Creative Commons

I am currently binge-watching Law & Order: SVU. In one episode, “Competence,” the rape survivor has Downs Syndrome (DS). Her mother, who is also her legal guardian, feels DS limits her ability to function “normally” in the world. The main concern of the mother is her daughter’s ability to care for the baby she is carrying as a result of the repeated rapes. The mother’s protection of her daughter extended only as far as she could be with her. Throughout the show, the revelation is that the store owner, where the daughter worked part-time as a stocker, exploited her disadvantage for his advantage. To limit the risk of the baby having DS and added to her belief in her daughter’s inability to care for the baby, the mother arranged an abortion of her daughter’s behalf. The courts stepped in and conducted a competency trial. Placed on the stand, the pregnant rape survivor acknowledged that once she did set fire to the kitchen but that she could now make soup because her boyfriend showed her. She also explained that even though she did not know how to care for a baby yet, she could learn if someone taught her.

As persons with disabilities (PWDs) move from the medical model into the social model in pursuit of independence, often overlooked are the role and needs of the caregiver. Society must begin to acknowledge and identify the paradigm shift occurring across the board. The purpose of this blog is to reflect on the role of parents and caretakers (also referred to as guardians) who attempt to bridge the gap between the medical and social models of disability while encouraging self-determination and protecting their loved ones in a created world that does not have them in mind.

The societal solution to PWDs was eugenics, institutionalization, or isolation–out of sight and out of mind for centuries. The employment of this solution allowed and continues to allow some guardians to abuse the system and take advantage of those in their care, and the pursuit of swift legal action is necessary. However, as societies move towards inclusivity, we must give encouragement and praise to those who through their actions look for avenues and solutions that empower. More specifically, we must continue to champion the guardians. With the implementation of the CRPD, standards of ADA, more universal design efforts, and competency hearings, PWDs are becoming productive members within their communities. So, what does this mean for their guardians who have sacrificed to protect their family member from the cruelty of an able-bodied world and the able-bodied world not used to making allowances for Others, particularly PWDs?

Who is a guardian? Persons with intellectual disabilities often have a legal guardian. The legal guardian acts in the “best interest” of their ward or the person in their charge. Much of the present debate regarding guardianship is the abuse of power in the denial of civil and human rights. In a 2007 study, Dorothy Squatrito Millar found that study participants did not recognize the disconnection between self-determination and guardianship or realize that there are several available alternatives to guardianship. Despite the arrival at the age of majority (18), students with intellectual disabilities did not receive the opportunity to self-advocate; rather, in many instances, they are given directions on what to do, or their guardian did the task for them. The inability to self-advocate as an adult is a denial of personhood, a violation of dignity. “We are adults. They need to accept that” and “they need to put themselves in our shoes sometimes” were some of the responses of the students.

What is notable about the SVU competency hearing is the assumption that all adults know how to care for a baby or balance a checkbook. The implication is that a person with an intellectual disability needs to have a guardian to avoid making any mistakes. As one non-disabled parent in Millar’s study put it, “We all make mistakes, and we all need help sometime—but that doesn’t mean we need guardians.” Most guardians resist the transition to adulthood and self-determination out of fear of exploitation, lack of information, and concern for their disabled child’s well-being. Millar concludes that while there is a significant need for more research on the transition to adulthood, the inclusion of children with intellectual disabilities into decision making throughout their lives does assist in the collaboration between other institutions in providing care that aligns with goals, imparts knowledge, addresses concerns, and maintains dignity and personhood.

 

 

Ending Violence Against Women

by Pam Zuber

November 25 is UN International Day to End Violence against Women. Source: Creative Commons
November 25 is UN International Day to End Violence against Women. Source: Creative Commons

“But the details about that night that bring me here today are ones I will never forget. They have been seared into my memory and have haunted me episodically as an adult.” – Christine Blasey Ford, 2018

Christine Blasey Ford spoke these words during her opening statement during a September 2018 hearing before the United States Senate Judiciary Committee. The purpose of the hearing was to determine if nominee Brett Kavanaugh was fit to serve on the United States Supreme Court. Blasey Ford said that when she and Kavanaugh were both teenagers, an extremely drunk Kavanaugh sexually assaulted her by groping her and trying to remove her clothes. When she tried to scream, he covered her mouth, and Blasey Ford said she was afraid that this action would suffocate her.

This testimony illustrates how many women have experienced physical and sexual violence. This testimony joins the many heartrending stories we’ve heard as part of the #MeToo and Time’s Up campaigns. The repercussions of this violence can linger long after the violence has ended. They can affect women for the rest of their lives and affect their loved ones and acquaintances. Violence thus creates a ripple effect that touches all parts of society, not just the women directly harmed by the acts of violence.

To address this violence, the United Nations (UN) sponsors the International Day for the Elimination of Violence against Women every year. In 2018, this day occurs on November 25, 2018. This day is part of the United Nations Secretary-General’s UNiTE Campaign’s 16 Days of Activism to End Violence Against Women.

What is violence against women?

Sadly, there are many types of violence against women. Violence can be physical, sexual, verbal, emotional, or a combination of these. It can be the threat of violence, such as threatening violence against women if they do or don’t do certain things. Violence can be against ciswomen (people who were born biologically female and identify as female). It can be against trans people or nonbinary individuals and sometimes occur because of their trans or nonbinary statuses. Women, nonbinary people, and trans individuals of color also might also encounter violence. This article refers to all women, nonbinary people, and trans individuals unless otherwise specified.

Violence can occur in public or it can occur in homes, schools, or workplaces. It can occur among strangers or among family members, coworkers, classmates, or teachers and students. Some people and groups use violence against women as a weapon of war, raping women and girls because they think the violence will serve as a sign of dominance and power. In this perspective, any pregnancies that result are an added bonus because the pregnancies perpetuate the dominant/violent lineage instead of the groups they’ve vanquished.

Some people commit violence against women simply because they feel that they can. They feel that they can get away with such behavior without suffering any negative repercussions. In this view, their feelings and physical needs are more important than the feelings of the women in their lives, even though, as we’ve seen, such actions can create lifelong consequences for the women and the people who know them. Such feelings of entitlement might partially explain the Kavanaugh/Blasey Ford incident. After all, when examining cultural problems, it helps to examine the cultures that created them.

How does culture contribute to violence?

Violence against women – or any violence – does not exist in a vacuum. Cultural forces often help to create and perpetuate violence against women. Even today, we hear the excuse “boys will be boys” in discussions of sexually aggressive behavior by men and boys. People still question whether women are inviting sexual aggression by their choice of clothes, their behavior, their decision to go places alone, and their drinking habits. While such attitudes exist in the United States, they are sometimes even more pronounced in other countries. Honor killings are a sadly common occurrences in some parts of the world. There were about 1,100 such murders in Pakistan alone in 2015.

In honor killings, people kill their female relatives because they believe that the females’ actions have shamed their families. In this view, shameful actions include dancing, working outside of the home, appearing on social media, dating, not marrying the families’ choices of suitors, or even being raped (even though rape is obviously not a person’s fault). People also worry that women will falsely accuse their sons of rape, even though their daughters are far more likely to experience sexual violence. And this is only for reported incidents of violence. The U.S. Bureau of Justice Statistics estimates that people report 35 percent of sexual assaults to the police. This means that people do not report almost two-thirds of all sexual assaults.

Why? One only has to observe what happened to Christine Blasey Ford. Because she recounted her experiences, she

  • Received death threats.
  • Moved with her family from their home because she feared for their safety.
  • Faced intense scrutiny from politicians, the media, and the U.S. public.

“I have had to relive my trauma in front of the entire world, and have seen my life picked apart by people in television, in the media, and in this body who have never met me or spoken with me,” Christine Blasey Ford admitted. Meanwhile, the man she accused, Brett Kavanaugh, still became a justice of the U.S. Supreme Court.

Is it any wonder why women and trans and nonbinary people are often reluctant to report violence against them? Even if they speak out, do people really listen? Are people really willing to take actions to deal with such violence or prevent such violence in the first place?

a protest for violence against women
End Violence against Women. Source: Creative Commons

How does violence affect women and society at large?

If people don’t listen to women’s stories of violence, take action to remedy them, or try to prevent violence, there are repercussions. Violence harms women, the people around them, and society at large. Ending the culture of violence against is the responsibility of societies and the governments that represent them. On a political level, such efforts protect and encourage half of the population, a population that votes and can support governments that support them (or withhold their support for unsupportive politicians and governments).

More importantly, such efforts are imperative on a human rights level. Ending a culture of violence against women ensures that all of a society’s citizens are respected and can fully experience society. It allows people to advance instead of holding people down. Violence causes immediate physical and emotional harm. It also can also create long-lasting consequences. For example, women who have been raped might

  • Contract a sexually transmitted disease such as HIV/AIDS.
  • Face unwanted pregnancies.
  • Struggle with post-traumatic stress disorder (PTSD) or other mental health conditions.
  • Develop a drug addiction or a dependence on alcohol because they are using substances to try to forget the attack.
  • Encounter problems at school or work because the attack led to absences or made it difficult to concentrate.
  • Experience shame and stigmatization from people who believe that they were responsible for the rape.
  • Find it difficult to begin new relationships or manage existing ones.
  • Deal with fear, anger, and other emotions.

These consequences are complex and require extensive professional help. Help is also necessary to address other aspects of violence. That’s because violent attacks hurt more than just women. They hurt their families because the families see how much the women in their lives are struggling. The women may also be unable to engage with others because of such attacks.

Violent attacks prevent women from contributing to their homes and workplaces. But, more importantly, they stifle women and violate their human rights. They could make women fearful of doing things that they might feel trigger such attacks, although violence is not their fault, but the fault of perpetrators. They might be afraid to do anything because of such attacks. This fear could paralyze them, prevent them from living full lives, and deprive society of their contributions.

25 November is United Nations Day to End Violence Against Women – the SL SAY NO campaign has been set up to support the campaign in Second Life. Source: Bea Serendipity, Creative Commons.

How can people prevent such violence?

It’s imperative, then, to prevent violence against women. Governments, people, and organizations are working to do just that. UN Women, part of the United Nations, has discussed the commitments and efforts of several countries around the world who have pledged to end violence against women. Such efforts include general commitments to investigate violence and work with groups to end and prevent it. UN Women also discussed specific actions, such as the country of Senegal’s creation of a hotline to help women and the country of Australia’s creation of a public campaign promoting respectful relationships and a project to promote workplace safety for women.

The annual United Nations-backed International Day for the Elimination of Violence against Women and the 16 Days of Activism to End Violence Against Women are examples of such efforts. The Center for Women’s Global Leadership’s Global Leadership Institute originated the 16 Days of Activism in 1991.

From the start, the organization and its work were inclusive. According to a website for the 16 Days of Activism campaign, the first participants in 1991 came from different countries in all of the world’s regions and were drawn from a variety of fields – lawyers, policymakers, teachers, health care workers, researchers, journalists, and activists. These women were local civil society leaders with at least two years of experience in women’s organizing who were also interested in building the global women’s human rights movement.

While this antiviolence campaign has always been global, it is interesting that it began at a time of great debate about violence against women in the United States. That’s because 1991 was also the year that law professor Anita Hill testified that Clarence Thomas had sexually harassed her. Clarence Thomas, like Brett Kavanaugh, was a nominee for the U.S. Supreme Court. Thomas, like Kavanaugh, became a justice of the court despite the accusations against him.

Is it any wonder why organizations continue to sponsor efforts to end violence and harassment against women? For example, the International Day for the Elimination of Violence against Women, November 25, 2018, inaugurates these 16 Days of Activism to End Violence Against Women. International Human Rights Day, December 10, 2018, ends these 16 Days of Activism.

The timing of these days illustrates how the United Nations and other organizations consider violence not just a women’s problem, but a human rights issue. It sends the message that violence against women is a blight on humanity that concerns us all, not just the people immediately affected. Orange Is the World: #HearMeToo is the theme for 2018’s 16 Days of Activism campaign. This campaign builds on the momentum of movements such as #MeToo and Time’s Up. The UN Women and the Secretary-General’s UNiTE Campaign says that the color orange is intended to “symbolize a brighter future without violence. For us, the ‘orange’ comes from the fire ignited by the many women’s groups dedicated to combating violence against women around the world.”

To combat this violence, #HearMeToo has championed inclusiveness. It has encouraged people to share their stories of violence and created spaces for people to share them. It has shared their stories through digital and print media. It has sponsored listening events that included voices from all sectors, aiming to “create opportunities for dialogue between activists and policy makers, private sector organizations and the public.”

Other organizations are speaking out about violence. The NoVo Foundation founded the Move to End program to end violence against women and girls. The Move to End program’s On the Move blog contains several stories about efforts to end violence and encourages people to contribute as guest bloggers. Several other sites also feature blogs that encourage contributors, such as Ms. magazineThese blogs provide information. They provide a forum for people to share this information so they can speak and others can listen. Listening may sound simple, but it’s a vital step. Violence uses power to silence victims. Letting voices be heard helps dispel fear, secrecy, and uncertainty.

Pam Zuber is a writer and editor who has written about a wide variety of topics, including politics, addiction, and gender.

Reporting on Human Rights and the Humanity of Journalists

by Andy Carr

In human rights, journalists usually are seen as chroniclers: reporters on the front lines of a conflict zone letting the world know of events as they unfold. As such, they also may serve as agents of human rights, since their reporting provides advocacy groups and committed global human rights leaders with vital information. Tragically, though, journalists often become the targets of human rights abuses unto themselves. Until recently, little attention had been paid systematically to this last point but shifting global events have underscored numerous threats to members of the media. In an era of politicians condemning the media writ large as “enemies of the people,” deteriorating discourse, extreme politicization of what constitutes “news,” and the polarization of both governing elites and societies at large have made the humanity and the human rights roles of journalists both more important and, troublingly, threatened.

Jamal Khashoggi
Jamal Khashoggi. Source: Creative Commons.

On October 2, 2018, Washington Post contributor and journalist Jamal Khashoggi disappeared after heading into the Saudi consulate in Istanbul. Shortly thereafter, Turkish officials leaked that Khashoggi had been murdered, with grisly details suggesting he had been cruelly tortured before his killing – a “brutal silencing of a prominent journalist,” and an event which “was met with outrage from journalists” and politicians around the world.

One notable exception to the global outcry, however, was President Donald Trump. While the President’s “business dealings with Saudi Arabia” leave him “personally conflicted,” regardless of his conflicts, Joel Simon flatly stated that the President has utterly “failed to articulate a coherent response” to Khashoggi’s murder whatsoever. The non-response is galling, in particular because of Khashoggi’s identity and profession. As Kyle Pope wrote for the Columbia Journalism Review:

The Khashoggi case has brought Trump unusual global blowback, though, for a distinction that the president plainly does not see. We care about the Khashoggi case, at least in part, because Khashoggi was a journalist.

Yes, his killing was horrific and barbaric and yes, it came at the hands of an American ally, which then lied about it. But the world has also been moved to respond because Khashoggi, as a journalist, represented something bigger than the man himself, something that leaders around the civilized world have come to value. He was a stand-in for a value we wanted to protect.

Pope continues, “We journalists, as individuals, are not special people. We have no unique right to support or sympathy. But the point is that we, collectively, represent something that our society has decided is worthy of protection.” Pope’s point goes directly to a growing subtext in present debates about “fake news” and risks to journalism as a profession, a recognition of its societal importance.

Our society, through the First Amendment to the Constitution (“Congress shall make no law … abridging the freedom of speech, or of the press”), surely had decided to protect the worthy contributions of journalists from governmental interference – and the individuals themselves. And journalists globally have begun pushing for international collaboration to expand guarantees more widely, such as a proposed UN-promulgated International Convention on the Safety and Independence of Journalists and Other Media Professionals, led by the International Federation of Journalists (IFJ). The IFJ’s proposal responds to the realities of a fraught few years for the profession. In Yemen, some 35 journalists have been killed since the country’s civil war began in 2011, and eight so far this year alone. At least 45 journalists, globally, have lost their lives in the first 10 months of 2018, among whom 27 were confirmed as murdered. To wit, the IFJ’s proposed Convention would include various protections aiming to deter violence, threats, and politically motivated intimidation of journalists, extension of humanitarian law concepts to ensure reporters’ safety in conflict zones, and similar measures.

journalists
Source: Creative Commons.

The humanity of journalists—and their own individual rights—often remain overlooked. While the gruesome murder of the Post’s Khashoggi’s in Istanbul catalyzed global attention, the sentencing of two Reuters reporters to seven years’ hard labor on dubious grounds, following their later-verified reporting on a massacre of Rohingya civilians in Rakhine State, Myanmar, barely registered. Other recent politically motivated arrests of journalists include Austrian Max Zirgast, arrested by “anti-terror” authorities in Turkey, adding to the “dozens of journalists” earlier arrested following the “failed military coup attempt” against Turkish President Erdogan in 2016. At least eight journalists were arrested in late September in Uganda for covering the return of an opposition leader, MP Robert Kyagulanyi, “the latest incident of Ugandan security personnel assaulting, harassing, or arresting journalists covering political tension” in the country. Four journalists, including the deputy editor-in-chief of Xinjiang Daily, were arrested in China’s Xinjiang Uyghur Autonomous Region the same month, accused of “publishing ‘two-faced’ articles,” a “vague term” indicating content “allegedly secretly [opposing Chinese] government practices.” As The Atlantic’s Krishnadev Calamur summarized, Khashoggi’s death was a signal of “a larger pattern of violence inflicted on journalists around the world … Year after year, reporters are detained, abducted, and, with some frequency, killed.” Calamur’s colleague, David Graham, decried the U.S. government’s at-best tepid response as “the end of American lip service to human rights.”

Unfortunately, all the foregoing trends appear present in the United States as well. In July 2018, Colorado Independent editor Susan Greene was “detained for ‘interfering’” with the police in Denver, Colorado, not far from the Colorado State Capitol. In May 2017, Montana Congressman Greg Gianforte attacked Guardian reporter Ben Jacobs after the reported “asked the then candidate a question about healthcare.” (Gianforte later pleaded guilty to assault, but nevertheless won his election.) And in late June 2018, the mass shooting at the Capital Gazette of Annapolis, Maryland—which left five Gazette reporters dead and two others injured—triggered mass responses from law enforcement agencies nationwide “to provide protection at the headquarters of media organizations.” From last week’s high-profile pipe bombs, sent to CNN headquarters along with noted Democratic politicians and backers, to the multimillion-dollar libel verdicts against The Raleigh News & Observer in October 2016, the world’s reporters face risks both legal and lethal.

Each of these cases—and especially the still-unfolding story of Jamal Khashoggi’s murder—highlights Kyle Pope’s earlier commentary on the importance of journalists to all societies. But each of these cases, of course, reflects an actual individual – a human being behind a byline or photo credit, with their own individual worth and singular humanity. These two understandings of journalists are not mutually exclusive, but instead are, or should be, mutually reinforcing. And policymakers and political leaders, perhaps following or building upon the IFJ’s proposed framework for a journalists’ human rights convention, must take seriously the risks facing the media at home and abroad.

Many reporters and photographers have lost their lives in crossfire, victims of the very conflicts they gave everything to shed light on. Many more have faced harassment, criminal charges, assault and, again, even death, far from the front lines. Our discourse—not to mention our laws, our policy priorities, and our foreign relations—must recognize and respond to these threats.

Authoritarian regimes have long threatened free media and free expression, as well as those who exercise those vital social functions. Today, however, we must be cognizant in all societies of these threats. Even if these values are enshrined in the First Amendment to the American Constitution, the Universal Declaration of Human Rights, or the Charter of Fundamental Rights of the European Union—all, in principle, inviolable—they must be vindicated and reaffirmed continuously. Revoking publication or television licenses remain obvious aberrations but preventing the dehumanization of journalists entails the same underlying concerns.

Again, as Kyle Pope eloquently noted, the murder of Khashoggi shocked global consciences because, “as a journalist, [he] represented something bigger than [himself], something that leaders around the civilized world have come to value.” That is, journalism and journalists reflect our commitment to information, to expression, to understanding governments and governance, as well as our commitment to seeing problems in the administration of our societies. The individual journalist, then, must be protected as an individual, endowed with human rights as much as any other. But as the guarantors of knowledge and understanding of human rights beyond themselves, journalists’ safety and capacity to work must be ensured – and we all must act vigorously whenever their safety and capacity are threatened, however overt or furtive the menace may be.

 

Andy Carr is a third-year law student at U.C. Hastings College of the Law in San Francisco, California. Previously, Andy extensively studied and researched in political science, receiving his BA and MA degrees at Christopher Newport University and Pennsylvania State University, respectively, and plans to return to complete his PhD beginning in fall 2019. In addition to human rights, media and journalism, and constitutional law, Andy is most interested in questions of democracy and democratic theory – what makes for a truly democratic society, what risks confront representative governments. In addition to his academic training, Andy has worked for a boutique campaign compliance law firm and two global human rights nonprofit organizations, in San Francisco and Washington, D.C.

Los Desaparecidos U.S. 2018

by Mary Johnson-Butterworth

a little girl crying
Sad Girl. Source: Brett Neilson, Creative Commons.

“Donde estas, mama’?”

Pleads Rosa,

Snatched from the breast

To live where leche curdles,

Where cells cradle and concrete cuddles

Those whose cries are not to be

Lulled by a lullaby.

 

Donde estan los ninos?

Where are these summer camps without play?

Structures rife with rancid water?

Walled away from los padres.

Walled away via Lumpkin, Georgia.

Walled away via Brownsville, Texas.

Fostered by gringos via Parts Unknown.

The Disappeared Ones US 2018.

Undercover of ICE,

Their lives are frozen.

 

“Where are you, Daddy,

As these children disappear?”

Ivanka asks.

Separate and unequal without hugs,

Only tears that could saturate a Huggie.

Abed, they tear at sheets of ICE,

Deplored by the ICEists who torment,

Todos to dos inhumane,

Badges of Dishonor,

Clubs no one’s body should join.

 

Give me your tired, your poor.

We’ll show them all what for.

Brown babes not left behind,

Now impossible to find.

Infants, adolescents, teens,

A toxic way to wean!

In our shame and our despair,

God bless the child

Neither here nor there.

 

Mary Johnson-Butterworth, age 69, has been a social justice activist most of her adult life.  She has facilitated social justice workshops for middle and high school students throughout the Birmingham area and beyond with the YWCA of Central Alabama, the National Conference for Community and Justice, the National Coalition Building Institute, and YouthServe.  Mary has also been on staff at a residential YWCA diversity camp, Anytown Alabama, for 22 years and has facilitated trainings for corporate entities, Leadership Birmingham, and Project Corporate Leadership.  She has recently discovered the power of poetry to transform her own life and the lives of impacted listeners.

The Plight of China’s Migrant Workers

by Dianna Bai

a photo of a Chinese shoemaker
The shoemaker’s children always go barefoot. Having an issue with one of your shoes? No problem, the old cobbler on the sidewalk corner can help you. There are less and less street workers like that now in China, but is some places of cities, we can easily found plenty of them. They are mainly old people, who I guess has always been doing this, in this place, from winter to summer, even when it is raining. The price is still attractive for clients who prefer deal in the street rather than in shops… but for how long. This is China. Source: Gauthier DELECROIX, Creative Commons

China’s newfound economic prowess since the reform and opening has been shouldered by its massive population of migrant laborers. A significant surplus of unskilled workers and a lax regulatory environment has given Chinese factories, like those in many developing countries, a competitive edge over their counterparts in the Global North. In this troubling “race to the bottom,” a great number of Chinese factories overwork and underpay their rank-and-file employees, at times subjecting them to sordid and dangerous conditions. Although brands such as Nike, Walmart and Apple have been pressured by the international media and human rights organizations to take responsibility for labor rights within their supply chains, it is difficult to separate the profits of these corporations from their habitual exploitation of the weak human rights standards and ineffective enforcement of regulations in countries like China.

For most of China’s 131 million migrant workers, leaving the village and traveling to the city to find gainful employment is the greatest opportunity as well as the most harrowing journey of their lives. The freedom and ability to leave their rural hometown are points of pride for migrant workers, yet the enormous surplus of labor in the urban areas has led to fierce competition in the market, forcing them to accept low wages, no benefits, poor working conditions, strict work regimes, and little job security. In the documentary China Blue, we see employees of the blue jean factory worked for pennies an hour, less than the minimum wage, and are often forced to work overtime – even overnight – to meet shipping deadlines. Some are so exhausted by continuous hours of labor that they fall asleep at their workstations, risking reprimand by their supervisors. Factory workers often do not get paid on time and new workers lose their first month’s paycheck as a “deposit,” a sum of money they never receive if they choose to quit. Furthermore, migrant workers have no access to healthcare or education in the city as a result of the discriminatory hukou system that binds them legally to their rural hometowns. China has a comprehensive set of labor laws including minimum wage, but local and provincial officials rarely enforce them in order to attract foreign businesses and boost their regions’ economic growth. As a result, migrant workers are exploited on dual levels, by the factories that employ them and the state that fails to protect them.

Most migrant workers do not understand their legal rights; they have no organized way to defend them. Workers have some inkling of their rights when it is most obvious. However, they lack knowledge of the comprehensive but unenforced regulations protecting them. In China Blue, the workers at the blue jean factory held a haphazard strike after their pay had been delayed for three months. There have also been some success stories of migrant workers taking legal actions against their employers. Lawyers like Zhou Litai have made triumphant careers from helping injured workers litigate with their employers for rightful compensation. Yet a string of individual cases won by workers has not changed the basic conditions of factories. Because of an authoritarian government that fears the rise of civil society, the Chinese government has not allowed independent labor unions to form in China. In developed countries, these types of organizations undergirded the labor rights movement during the industrialization process. They educated workers, negotiated with factory owners on their behalf, and organized strikes when necessary. If Chinese workers are not empowered to speak up for themselves, then who has the luxury to speak for them?

One might argue that Western consumers have the luxury to speak up for these exploited workers by demanding corporations to “clean up” their supply chains. The anti-sweatshop movement has gained great momentum in the past two decades. Due to negative media attention and pressure from NGOs, many multinational corporations that source overseas have devoted significant resources and efforts to audit the factories in their supply chains, even establishing social compliance divisions solely dedicated to this goal. Brands such as Nike at first defended the conditions in its Indonesian factories, contending that their corporation has created thousands of jobs for people who lack better opportunities. Philip Knight, the founder of Nike, pointed out: “People argued that we were taking advantage of the poor Japanese workers 20 years ago. Now Japan makes no Nikes and imports $100 million of them.” Nevertheless, Nike soon followed cues from other corporations and drafted a code of conduct for its factories.

a portrait of a Chinese farmer
Happy Farmer. Farmer after working in the morning – getting ready to deliver vegetables to town for lunch. Jiashan, China Source: DaiLuo, Creative Commons.

The global movement for labor rights has brought international attention to the plight of workers in developing countries and put the issue on the table for multinational corporations. However, there is a serious inherent problem in letting corporations police themselves: a misalignment of incentives. The primary aims of private corporations are to make profits, satisfy customers, and reward shareholders. They accomplish these goals by constantly trying to improve cost efficiency, which is what attracts them to developing world factories. Apple, for example, produces its products in China because of the huge economies of scales that can be achieved there as opposed to the United States. The speed and flexibility of the Chinese manufacturing sector has drawn in companies like Apple, but it comes at the price of poorer labor conditions. Cost efficiency puts the corporations’ incentives in misalignment with social compliance divisions. Because social compliance divisions do not usually cooperate with buying departments, multinational corporations are essentially asking factories to improve the conditions for their workers while still demanding the same low prices. This disjunction has led to massive falsification of records by factory owners, undermining the integrity of the audit process. The audit profession itself is also plagued with human capital problems and instances of bribery. Corporations, in turn, have little incentive to investigate fraud so long as they can present a picture of compliance to concerned consumers. They can essentially pay lip service to the human rights movement by going along with the records presented to them. In the case of mass falsification, concerned consumers cannot even be certain that a brand which claims to buy from only factories with good labor conditions is, in fact, doing so.

Instead of simply paying attention to better audits of factories from corporations, consumers who are concerned about the labor conditions in China should also demand “responsible prices” at the manufacturing level. Currently, the prices that brands pay to factory owners in China are so low that they face the dilemma of improving labor conditions and losing business or falsifying records to comply with labor standards. Timberland, for example, will pay only $20 per shoe that it buys from a manufacturer, while selling it to the retailer for $50, which then sells it to consumers for $100. In the $80 of revenue gained after the product has been purchased from the manufacturer, there must be some room to offer the manufacturer a better price without passing on the cost to consumers. Consumer groups should scrutinize the profit structure of brands and retailers and buy goods that pay manufacturers better, so that manufacturers can pass on the generosity to their workers. This requires the buying department and the social compliance division to work together to establish an agreeable price for products that takes into account favorable labor conditions. This doesn’t necessarily have to come with a loss of profits for the brands and retailers. Favorable corporations will gain the loyalty and goodwill of a growing number of consumers who are concerned about emerging market labor conditions.

However, a consumer can only do so much on the demand side. Much of the work to be done on labor rights must come from the workers themselves. NGOs working in this field must continue educating workers on labor rights, encouraging them to organize, and advocating for the establishment of true, independent labor unions. China’s official labor union, the All-China Federation of Trade Unions (ACFTU), functions more as a peacekeeping organ between workers and management rather than a labor union truly representing the interests of workers. Although the ACFTU has considerable political clout at the national level and lobbies for labor protection laws, its chapters at various factories rarely make demands on behalf of workers. ACFTU union leaders are generally chosen by the factory management and remain beholden to the management. Chinese workers need unions with democratically elected leaders who will truly represent their interests rather than serving as a “bridge” between workers and the management. Without autonomous labor unions representing them, workers cannot bargain collectively for better wages, benefits, and working conditions. Their rights enshrined by Chinese law will go unheeded.

From one perspective, multinational corporations that choose to manufacture their products in China are giving thousands of Chinese workers opportunities they would never have had in the countryside. Although migrant workers often face laborious conditions in factories, they are earning far more than their rural counterparts and gaining more consumption power. As China becomes wealthier as a result of the economic growth driven by the export-oriented manufacturing sector, workers will naturally begin to demand more rights and better living standards. This process has taken place during the industrialization process in many former developing countries. In the meantime, however, multinational corporations are keen to exploit – for as long as they can – an inherently broken legal system and a profoundly undemocratic culture that has relegated millions of Chinese migrant workers to second-class citizenry. When China introduced in law in 2006 to give labor unions more concrete power, multinational corporations were the first to protest by implying they would move their factories elsewhere. Rather than relying on a social compliance scheme that often tolerates the falsification of records during audits, consumers should also urge corporations to offer responsible prices for manufacturers so that they can give workers better treatment without losing business. Most importantly, the Chinese and international human rights movement must continue their efforts to educate workers on labor rights and promote a political environment that will allow the formation of independent labor unions.

 

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

Gerrymandering’s Effects on Democracy

by Pam Zuber

The Gerry-Mander political cartoon by Elkanah Tisdale
The Gerry-Mander: political cartoon by Elkanah Tisdale. Source: Wikicommons.

The Gerry-Mander is a name for a creature that appeared in editorial cartoons in 1812 and 1813. Given how gerrymandering has shaped and can shape politics in the United States, calling a Gerry-Mander a monster is no mere exaggeration. Gerrymandering takes its name from Massachusetts governor Elbridge Gerry. In 1812, legislators in Massachusetts’s Democratic-Republican Party redrew the map of a senatorial district to concentrate voters of its party in certain geographic areas. The same map dispersed voters of the rival political party, the Federalists, to separate districts.

Governor Gerry signed this map into law in 1812. This map drew the wrath of the opposing Federalists and spawned the cartoon that criticized the redistricting. The practice and the cartoon gave us a term for politically based redistricting that political bodies still use. We continue to use the term because the practice continues to this day. Politicians still reshape voting districts to suit their political purposes, much as they did in Gerry’s day.

Why Does Gerrymandering Violate Human Rights and the U.S. Constitution?

Creating electoral districts that skew political party representation contradicts democratic principles and human rights. Gerrymandering provides the illusion of democracy but actually denies it. The process still perpetuates voting districts. People in these districts have the ability to vote and usually have their choice of candidates. But, which candidates can they support? People in one district who traditionally vote for one party might not be able to fully support the candidates they would have seen if their districts were more traditionally configured. The voters might have choices, but false choices.

These false choices can undermine their lives. For example, voters might want to vote for candidates who support government-sponsored health insurance, but find that gerrymandering is affecting their choices. Their choices and their voices might be muffled because their votes do not count as much as they could have counted when combined with additional votes for the same candidates and causes. Their votes might not count since they are dispersed among other districts and not concentrated like the votes of other parties in gerrymandered districts.

Redistricting appears to be unconstitutional. It denies basic rights granted by the U.S. Constitution. The Fifteenth Amendment states that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Shifting geographic precincts to highlight or downplay specific candidates appears to abridge the right to vote, a direct violation of the Constitution.

Do People Gerrymander Today?

Yes. Politicians of both parties continue to create electoral districts that blatantly benefit their political parties. A federal court declared in August 2018 that the state of North Carolina’s map of Congressional districts favored Republicans. The court declared that the map “constitutes an unconstitutional partisan gerrymander in violation of the Equal Protection Clause of the Fourteenth Amendment, the First Amendment, and Article I of the Constitution.” The next month, the same federal judges ruled that although this map did feature gerrymandering, there would not be enough time to change the map in time for the elections planned for November 2018. North Carolina would not be able to not use this map after these elections, so North Carolina will need to use a new Congressional map for elections in 2020.

Gerrymandering has occurred in other regions of the country. In 2016, the United States District Court for the Western District of Wisconsin ruled that the Wisconsin Legislature drew electoral maps that favored Republican Party candidates in the state in 2012 and 2014. The case made it all the way up to the U.S. Supreme Court. But, in June, 2018, the Supreme Court refused to hear the case, stating that the bodies bringing the case lacked the legal standing to do so. It sent the case back to lower federal courts. This meant that Wisconsin would use the same maps in November 2018 elections.

A number of political insiders expect that voters throughout the United States will use their votes in the November 2018 elections as a way to protest U.S. president Donald Trump and his fellow members of the Republican Party. But, if gerrymandered maps remain in place, they could skew results from the state. They could prevent candidates from certain parties from receiving the majority of votes in their districts and winning their elections.

Gerrymandering harms political parties as well. Both parties engage in such blatant practices for obvious purposes. Such practices tarnish the reputations of the parties as well as the democratic process. The electorate might view such tactics as political dirty tricks, which could discourage voters from supporting political parties, candidates, elections, and causes.

The U.S. Supreme Court addressed the topic of gerrymandering in Maryland in 2018 by not hearing cases about redistricting in that U.S. state. Maryland legislators redrew this map in 2010. Just two years later, a Democratic Party candidate beat a longtime Republican incumbent in a race for a U.S. Congressional seat in Maryland, leading to charges that the state’s Democratic Party redrew Congressional maps to give itself advantages that led to such electoral victories.

a voting district map from 2011
Carroll County Voting District 2011. Source: J. Albert Bowden II, Creative Commons.

How Can Gerrymandering Affect Politics?

It is clear, then, that parties do redraw maps and create new electoral districts. It appears that they do this to try to produce political advantages. But, does this redistricting really create such results? In the case of Maryland, it appears that redistricting has made a significant difference. In 2012, Democratic Party candidate John Mulaney beat Republican Congressional representative Roscoe G. Bartlett. At the time of his defeat, Bartlett had served eleven terms (twenty-two years) in the U.S. Congress. Bartlett blamed redistricting on his loss. “We had the most gerrymandered district in the country.” This is significant in a number of ways. Mulaney was a new challenger while his opponent was an entrenched, longtime incumbent. It is often difficult for challengers to beat politicians who have been in office a long time. Incumbent politicians have

  • Name recognition
  • War chests of money to help fund their campaigns
  • Fellow established politicians who are colleagues who can campaign and vouch for them
  • Reputations and accomplishments from their administrations that they can cite in campaigns

Election campaigns are expensive and time-consuming. They require money, connections, and clout. Working in established offices can help people accomplish all three. How hard is it to unseat an established candidate? According to economics reporter John W. Schoen, in 2012, the year of Maryland’s Bartlett/Mulaney race, 90 percent of the people serving in the U.S. Congress kept their seats. This means that Mulaney was one of the minority of 10 percent of challengers who unseated a Congressional representative. His redrawn district could have helped him overcome such long odds.

Are People Fighting Gerrymandering?

Ending gerrymandering restores people’s votes, which helps restore their voices. Groups and individuals hope they can help people restore their voices. Since gerrymandering is about voting rights, it is only fitting that some groups are using electoral means to fight the practice. A Michigan-based group called Voters Not Politicians wants to end gerrymandering in the state. It appears that opposing groups want gerrymandering to continue.

In 2017, Voters Not Politicians collected thousands of signatures on petitions that supported ballot initiatives against gerrymandering in Michigan. The organization needed to collect 315,654 signatures from August to December 2017. In a possible sign of widespread support for anti-gerrymandering efforts, almost 450,000 people signed the petitions. A number of experts say this proposal is sorely needed in the state. For example, a June 24, 2018 headline in the Detroit Free Press noted that “Michigan is an extreme example of gerrymandering.”

Michigan’s Board of State Canvassers approved the ballot proposal. But, organizations such as Save Michigan’s Constitution opposed this ballot proposal as overly broad and took their opposition to the Michigan Supreme Court. The court rejected this opposition, paving the way for the proposal to be on the ballot for state elections in November 2018. The Michigan proposal calls for shifting responsibility for drawing electoral maps from the Michigan Legislature to an independent commission that includes independent private citizens who are not affiliated with political parties.

This proposal aims to take redistricting responsibilities from political parties and giving them to (ideally) nonpartisan private citizens. To implement such goals on a practical level, the proposal suggests:

  • Creating a thirteen-member restricting board. The board would consist of five members who are not affiliated with a political party or are independent, four Republicans, and four Democrats.
  • Choosing the redistricting board members randomly among people who apply for the positions.

The balanced composition of this group would provide equal representation from major parties. It would allow significant input from people who do not affiliate with any party. It would help ensure that one party’s politics does not take precedence over another’s. It would promote inclusiveness and democratic fairness. But, will party politics shape the outcome of this election and the future of the anti-gerrymandering proposal? After all, voters in districts that are already gerrymandered will encounter this ballot proposal. The gerrymandered districts in Michigan largely favor Republicans after the Republican-controlled Michigan Legislature redrew electoral maps in 2011 and Republican governor Rick Snyder approved them.

Republicans who want things to remain the way they are would likely vote against the ballot proposal. Gerrymandering, thus, would perpetuate political divisions by working to defeat proposals that fight gerrymandering and political partisanship. It may sound like clichés, but that’s why voting is important and why every vote counts. People might not vote because they assume that certain proposals may pass or that certain candidates may win with or without their votes. But, if they and others don’t vote, they don’t contribute ANY votes to the election. The status quo continues because nothing changes.

But, if enough people vote, their candidates and proposals may win. Even if they don’t win, the large number of votes will illustrate the popularity of these candidates and proposals. The large number of votes can encourage others to take notice, to support such people and causes, and maybe even to run for political offices themselves. Citizens can also use the courts to fight gerrymandering. The U.S. Supreme Court refused to hear recent cases on gerrymandering. It didn’t issue definitive rulings on it. While it’s unlikely that the Supreme Court will hear further cases on gerrymandering in the near future, it has not issued a final word on the topic. This means that it might hear other gerrymandering cases in the future, especially after the U.S. Census of 2020 might contribute to further political redistricting.

According to Erick Trickey in Politico, it is more likely that individual U.S. states will tackle gerrymandering: “[I]f gerrymandering’s opponents want better, fairer maps, they’ll have to demand them, state by state.” This is happening across the country. In addition to the Michigan Voters Not Politicians initiative, Better Boundaries (Utah) and Clean Missouri are groups demanding an end to gerrymandering. Colorado voters will vote on an anti-gerrymandering proposal in November 2018, while Ohio voters overwhelmingly approved their state legislature’s anti-gerrymandering proposals earlier in 2018.

In a strange way, then, gerrymandering unintentionally encourages the sort of political engagement it’s trying to squelch. Who knew that the Gerrymander could be both a monster and an ally?

About the author: Pamela Zuber is a writer and editor who has written about a wide variety of topics, including politics, addiction, and gender.

Marching Ardor

by Mary Johnson- Butterworth

When someone close to me questioned the importance of my marching with White Birminghamians For Black Lives, I wrote this poem as a response.  I proudly carry a sign, “White Silence Breeds Injustice,” every Friday from 4:30-6:30 at Kelly Ingram Park.  Everyone is welcome.

a group photo of White Birminghamians for Black Lives
White Birminghamians for Black Lives. Source: White Birminghamians for Black Lives Facebook Page. Used with permission

“WHITE SILENCE BREEDS INJUSTICE,”

Words I hold in my hands

For those whose hands are shackled

Or too full with work

And growing healthy babies.

Can our voices speak as theirs

Or do we dilute their words?

 

Can I ally with Dreamers,

Insulated by my birthright?

Can I represent the poor

With no balance on my Visa?

Can I fight for women’s rights

And parent three white males?

 

What makes a marcher relevant?

What deems a march impactful?

Pussy hats and Trump attacks

And “Free Melania” placards?

If I echo, “Me Too,” and state,

“No Hate, No Fear,”

Are these the stuff of change?

 

If we few insist on marching,

Does our weekly selfie morph

Into a media laughingstock?

Distractors, subtractors from the core?

Interlopers, intruders on could-be passion?

Transformative, informative,

Or just subnormative?

 

Can we convey, “Black Lives Matter”

As a smattering of whites?

Are we a joke gone viral

In our efforts to protest

For those we cannot protect?

Can we sense Black pain

Enough to hail its power

Over all Americans?

 

When two or three are gathered

In the name of Social Justice,

Do we frustrate the huddled masses

Or does good emanate from the act?

“Yes,” I say ground is gained

By our meager footsteps.

Our rallying imprimatur leaves

Permanence in its wake,

For white silence breeds injustice.

 

Mary Johnson-Butterworth, age 69, has been a social justice activist most of her adult life.  She has facilitated social justice workshops for middle and high school students throughout the Birmingham area and beyond with the YWCA of Central Alabama, the National Conference for Community and Justice, the National Coalition Building Institute, and YouthServe.  Mary has also been on staff at a residential YWCA diversity camp, Anytown Alabama, for 22 years and has facilitated trainings for corporate entities, Leadership Birmingham, and Project Corporate Leadership.  She has recently discovered the power of poetry to transform her own life and the lives of impacted listeners.

#MeToo’s Moment of Reckoning: Sexual Assault in the Spotlight

by Dianna Bai

Disclaimer: This blog post focuses primarily on women and girls who are victims of sexual assault and harassment, though the author acknowledges that both men and women are survivors.

a protest sign that reads "Can you hear me now? #MeToo
Can You Hear Me Now? #MeToo. Source: Alec Perkins, Creative Commons

The nation was transfixed on September 27 when Dr. Christine Blasey Ford appeared in front of the Senate Judiciary Committee to testify about her memories of sexual assault, she alleges, at the hands of Supreme Court nominee Judge Brett Kavanaugh when they were both teenagers. Hailed as a “cultural moment” that is couched in the grander chorus of the #MeToo movement, Ford’s quiet, emotional, and powerful testimony serves as a reckoning for women who have suffered in silence for so many years. After Dr. Ford’s testimony, women and men across the country used the hashtag #IBelieveHer to show their support. Two sexual assault survivors confronted Senator Jeff Flake in an elevator on Capitol Hill, possibly the reason why he decided to call for an FBI investigation before the Senate vote on Judge Kavanaugh.

Whether or not Dr. Ford’s testimony changes the Senate vote, she will be a positive example for legions of women who have been afraid to tell their stories. The #MeToo movement is about women taking back their power. As the movement founder Tarana Burke said, “Everyday people…. are living in the aftermath of a trauma that tried, at the very worst, to take away their humanity. This movement at its core is about the restoration of that humanity… They have freed themselves from the burden that holding on to these traumas often creates and stepped into the power of release, the power of empathy and the power of truth.”

Sexual Harassment and Sexual Assault

The prevalence of sexual assault and sexual harassment is staggering in the United States and worldwide.

  • Sexual assault is any sexual activity that the victim does not consent to, including rape and sexual coercion. It can happen through force or the threat of force or if the perpetrator gave the victim drugs or alcohol as part of the assault.
  • Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace or other social situation.

Scores of men in power have recently been exposed for sexual assault and sexual harassment by the #MeToo movement. Sexual assault and sexual harassment are problems that penetrate every level of society and every industry: politics, business, the media, and academia among them. These are only the industries in which women have been most vocal as part of the #MeToo movement. Workers in low wage industries face the most exploitation and are less likely to go public with their stories. According to the National Women’s Law Center, sexual harassment is most severe in low wage industries, including the service industry. In the fast food industry, for example, around 40 percent of women have experienced unwanted sexual behaviors on the job and 42 percent of those women felt that they could voice a complaint for fear of losing their jobs. In the #MeToo era, men in high profile industries have been publicly exposed by the media. In the industries that do not dominate the imaginations of the public, employers are even less likely to take sexual harassment and sexual assault seriously because they do not fear a public relations crisis.

Sexual Assault

The National Crime Victimizations survey estimates that there were over 320,000 incidents of rape and sexual assault in the United States in 2016. Two-thirds of them will go unreported. It is a social phenomenon according to many scholars. The human rights organization, Stop Violence Against Women, puts it this way, “Social conditions, such as cultural norms, rules, and prevailing attitudes about sex, mold and structure the behavior of the rapists within the context of the broader social system, fostering rape-prone environments…”

Culture is pervasive and omnipresent, creating a powerful influence over the everyday behaviors of people. Gendered norms are ingrained ideas that help define the role of men and women in society and what is acceptable or not. Gender studies scholar Melissa Berger argues that despite being a highly developed country, “American culture and society is imbued with gendered norms relating to domination, over-sexualization, violation, and power and control over women and girls. In fact, violence against women is so pervasive that some scholars have argued that America has a culture of rape, domination, and victimization of women.”

Some of these attitudes include:

  • Men are dominant
  • Male are entitled to sex
  • Manhood is tied to sexual conquest
  • The woman’s body is a sexual object
  • Women should be pure

Even if a country denounces sexual violence against women on the surface, implicit biases may render such behavior acceptable. These prevailing attitudes, whether implicit or explicit, contribute to the continued oppression of women in American society. A Yale law professor pioneering research on the #MeToo movement emphasizes that sexual assault and harassment are typically manifestations of sexism rather than sexual desire. Some men attempt to prove their manhood or worth by denigrating women.

The controversy over sexual assault has left an indelible mark on college campuses in recent years. From student complaints filed at Columbia University for systematic mishandling of sexual assault allegations to the rape convictions of student athletes at Vanderbilt University, Baylor University and Stanford University in the past five years, universities have had to come to terms with their campus cultures. Twenty to twenty-five percent of college women have been victims of forced sex. A researcher who conducted surveys of college students over two decades found that between 16 to 20 percent of men said they would commit rape if they were certain to get away with it. That number rises to 36 to 44 percent if the question was reworded as “force a woman to have sex.” Many colleges are actively trying to change their culture as it relates to sexual violence, spearheading campus wide campaigns to educate students about sexuality, consent, and intervention.

New laws can affect the culture of sexual assault in a significant way, changing how university administrators respond to sexual assault and encourage or discourage victims from coming forward. Legally, it’s been a delicate balancing act between protecting the rights of victims and the accused. The Obama Administration required the lowest standard of proof, a “preponderance of evidence” in deciding whether a student is responsible for sexual assault. A “preponderance of evidence” means that universities must find the accused to have more than likely committed the crime. The Trump Administration’s Education Secretary Betsy DeVos has enacted new policies that require a higher standard of “clear and convincing evidence,” meaning that it is must be highly probable that the assault occurred. These new guidelines certainly send a signal that there will be less protection for students who report sexual assault. Critics of the Trump Administration argue that the new policy will discourage students from reporting sexual assaults and give universities the opportunity to drastically decrease its attention to sexual assault without retribution from the government or legal systems.

Sexual Harassment

Sexual harassment is not about sex but the abuse of power. The social psychologist Dacher Keltner writes in the Harvard Business Review that feeling powerful can lead to an increase of sexual harassment. “Powerful men, studies show, overestimate the sexual interest of others and erroneously believe that the women around them are more attracted to them than is actually the case. Powerful men also sexualize their work, looking for opportunities for sexual trysts and affairs, and along the way leer inappropriately, stand too close, and touch for too long on a daily basis, thus crossing the lines of decorum — and worse.” Institutions where systems of power are in place are fertile grounds from which abuses of power arise.

The EEOC reported in 2016 that approximately 1 in 4 women have been sexually harassed in the workplace. Think about the implications of that statistic. Everywhere, women (and men) are wearing the invisible scars of abuse whether in the workplace or school. The National Women’s Law Center estimates that 70 to 90 percent of these cases go unreported since victims do not want to derail their careers, cause themselves embarrassment, or believe that nothing will be done. The attitudes of powerful men and victimized women reveal that sexual harassment is clearly very much a cultural problem. We live in a culture that can denigrate the dignity of women at work and in school.

a #metoo sign
Source: GGAADD, Creative Commons

The consequences for women

The most distressing aspect of the widespread, societal problem of sexual assault and sexual harassment is the destructive effects it can have women’s physical and mental health in the long run. Aside from the physical pain and discomfort, victims of sexual assault frequently suffer from post-traumatic stress, depression, suicidal thoughts, and low self esteem, among other consequences. One important aspect of Dr. Ford’s testimony was how she described the impact it had on her life. A trained psychologist, she said the trauma caused by her sexual assault “derailed her life” for four or five years and affected her academic performance in the first two years of university. Decades later, she still needed to talk about the incident in therapy and suggested to her husband that they install a second front door — an escape route — for their home.

For women who have experienced sexual harassment on the job, it often means that their careers will suffer. It can lead to a loss of wages from taking leave for physical or psychological distress and sometimes voluntarily leaving the job for a better environment. One recent study showed that about 80% of women who have been harassed leave their jobs within two years. A recent case from the #MeToo movement, the case of Stanford political science professor Terry Karl, is an example. As an assistant professor at Harvard University in the 1980s, she had been sexually harassed by a senior faculty member who had the power to give her a promotion. Although she filed a formal complaint with the university, it was ultimately she who decided to leave Harvard while he stayed on as faculty and gained increasing renown.

#MeToo Around the World & the Inevitable Backlash

The United Nations estimates that 30 percent of all women worldwide have experienced physical or sexual violence from intimate partners or sexual violence by a non-partner at some point in their lives. The sheer number of women who have experienced sexual harassment across the globe is also astonishing. Here is only a sampling: 57% of women in Bangladesh, 79% of women in India, 99% of women in Egypt (from a survey carried out in seven regions), 40% of women in the U.K. have experienced harassment in public places.

Addressing a problem of global proportions, it’s no wonder the #MeToo movement has spread quickly to other countries. In the United Kingdom, France, Spain, Italy, India, Africa, and the Middle East—creative variations of the #MeToo hashtag have caught on and in some cases caused the downfall of men in power such as British Defense Secretary Michael Fallon.

But the successes of #MeToo have been met with plenty of resistance, even giving birth to the hashtag #GoneTooFar. A Bucknell poll in 2018 revealed that Americans are deeply divided about the impact of the #MeToo movement, with 41 percent believing that it was “just about right” vs. 40 percent believing that it had “gone too far.” Many people believe that the #MeToo movement has gone too far in creating a culture where men are publicly shamed and presumed guilty until proven innocent. It can also create an environment where men are increasingly wary of women and more likely to exclude women from social and mentoring opportunities because they fear the consequences of sexual harassment accusations. We can hear echoes of this sentiment in one of the last lines of Brett Kavanaugh’s opening statement: “I ask you to judge me by the standard that you would want applied to your father, your husband, your brother or your son.”

From state capitols to the technology companies of Silicon Valley, men are becoming reluctant to meet behind closed doors with women and thinking of segregating themselves. The counter narrative was especially poignant in France, where the actress Catherine Deneuve published an open letter with over 100 other notable French women in the arts denouncing the #MeToo movement for infantilizing women and denying their sexual power. They argued that seduction is a sexual freedom and that women could discern between sexual aggression and an awkward pickup. Have we empowered women so much with the #MeToo movement that we are now persecuting men? Who is really the victim here and who should decide the fate of the men accused?

The moment of reckoning for Brett Kavanaugh and #MeToo

The question now becomes whether there has been real change in our culture. The current #MeToo narratives and counter narratives are reflected clearly in the partisan atmosphere that permeates American politics. Twenty-seven years ago, Anita Hill made her allegations about the sexual harassment she endured from then-Supreme Court nominee Clarence Thomas in an eerily similar “moment.” In the end, he was confirmed in spite of her testimony. Will Judge Kavanaugh be confirmed for the Supreme Court? Will more women be inspired to speak up after hearing Dr. Ford’s testimony? Will a new generation of young men who have grown up watching the #MeToo movement unfold think differently about their relationship with women. Or will there be a “chilling effect” in offices, schools, and boardrooms across the country as men react defensively? Is this the “cultural moment” that women everywhere have been waiting for?

To learn more: Tarana Burke, founder of the #MeToo movement, will be speaking at UAB on Tuesday, Oct. 9, 2018 at the Alys Stephens Center.

 

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

The Effects of Low-Income Housing on Health

by Emily Walsh

Old Chicago, Southside
Black Community Older Housing On Chicago’s West Side. This Area In 1973 Had Not Quite Recovered From The Riots And Fires During The Mid And Late 1960’s, 06/1973. Source: The US National Archives, Creative Commons

Low Income Housing (LIH) and Public Housing can have serious negative health impacts on those who need these programs the most. Unsafe living environments can be detrimental to residents’ mental and physical health. The people who utilize LIH have often exhausted all other options available to them, and only have risky situations available to them, in the form of LIH. This blog briefly highlights a few of the negative impacts resulting from the interconnection of low income and public housing.

Mobility out of these housing situations is difficult, since the average annual household income for residents of public housing is $14,511, which is well below the federal poverty line. Citizens who live in public housing disproportionately have a disability, of minority ethnicity, and/or receive social security. Whether taken as singular symptoms of a larger problem or in combination, the possibility of relocation decreases tremendously for individuals/families living below the poverty line.

The topic of the efficacy of public and LIH is not a new one. The first federal housing program was created under The U.S. Shipping Act of 1917, which aimed to provide housing for workers needed in industrial positions during World War I. These housing units championed function over comfort and health, which set a dangerous precedent for housing developments to come. Seventeen years later, the National Housing Act of 1934 sought to address housing and mortgage issues during The Great Depression. This act created many of the housing complexes still in use today, especially for lower income communities.

Low-income communities have a number of difficulties associated with them, from financial distress to lower job prospects. However, it is often easy to overlook the impact of the inadequate housing on both the physical and mental health of these populations.

Housing and Cancer

 To keep costs down during the rise of cheap housing due to the National Housing Act of 1934, builders utilized asbestos. Asbestos was a common inclusion in construction materials because of its resistance to flames and chemical reactions, sounds absorption, and low cost. The low cost made asbestos a popular choice for large scale projects like schools, offices, and apartment buildings. Usage of this mineral peaked in the U.S. between 1930 and 1980. Asbestos containing materials (ACMs) become harmful once damaged, which can happen when materials get older, are exposed to weather, or are subjected to demolition or construction.

Undisturbed ACMs pose little threat, but any sort of disruption can have catastrophic consequences because there is no safe level of asbestos exposure. This disruption can be caused by construction, accidents damaging walls, water or fire damage, and general aging over time. Once disturbed, microscopic asbestos fibers are released into the air. At this point they are at risk for inhalation and ingestion by people and animals.

After they enter the body, asbestos fibers settle into the linings of internal organs including the lungs, heart and abdomen. These particles are microscopic, and rubbing against the sensitive tissue of internal organs can cause tiny nodules to form around the fibers. This irritation can cause tumors and mesothelioma cancer to develop. Symptoms such as chest pain, coughing, and fatigue are vague, and easily attributable to a number of other ailments, which makes early diagnosis very difficult.

Exposure at any point can be dangerous and lead to mesothelioma down the road, which can take up to 50 years to appear. Individuals who are worried about mesothelioma should inform their doctor of any of these symptoms, and of any possible asbestos contact. Exposure can occur from housing, construction materials, working on shipyards, working around fire retardant materials, or in mines. After diagnosis and forming a treatment plan with your doctor, you can pursue options in financial compensation if exposed on the job.

Elderly people are most at risk for mesothelioma because they have a higher likelihood of exposure to asbestos at some point in their lives. Exposing them to even more asbestos in the home can exacerbate irritation and lead to further health complications. Sixteen percent (16%) of residents in public housing are seniors, and more than half of those seniors rely on Social Security as their primary source of income. The only safe way to deal with the concern of asbestos is to hire an abatement professional to take care of the situation. However, building owners, and even the government, are not required to do so if they feel any ACMs present are in good enough repair to not be a danger to health.

Many LIH options are still owned by private property owners, which puts the cost of abatement on them. These proprietors may be loath to shell out money to abatement professionals, but they are required to maintain livable conditions on their properties, even if they aren’t specifically mandated to get rid of asbestos. For poorer individuals, the best course of action is to keep an eye around their housing, to see if anything appears to be in disrepair. If it is, they can ask their property owners to have the building tested for dangerous asbestos. If property owners refuse, they can be at risk for lawsuit for not maintaining healthy living standards.

Southside Chicago 1973
South Side Black Community In Chicago With Small Businesses And Apartments Over The Stores In The Older Buildings Near 43rd And Indiana Avenue, 06/1973. Source: The US National Archives, Creative Commons

Impacts of Housing on Wellbeing

From 1954 to 1967, the Chicago Housing Authority built more than 10,000 public housing units. However, only 63 of these were built outside of poor and racially segregated areas. In 1966, community activist Dorothy Gautreaux, along with the support of ACLU lawyers, sued the CHA in federal court. Gautreaux’s case set a precedent that there is a serious difference between urban and suburban housing. The Gautreaux Project refers to an experiment the court set up after Gautreaux won her case. The U.S. Supreme Court ordered the CHA to randomize the placement of families with Section 8 housing vouchers. Participants were placed in either suburban or urban neighborhoods regardless of race. After many years, the outcomes of these families were measured against each other.

The families placed in urban situations were more likely to have lower performing children, remain on welfare, and have lower graduation rates than the suburban participants. The Gautreaux project was hailed as definitive proof that a person’s housing situation has a strong correlation with their overall wellbeing. Sociologist James Rosenbaum testified before Congress on the Gautreaux Project’s results, which helped inspire the Moving to Opportunity (MTO) program. The MTO emulated the Gautreaux project on a larger scale with 4,600 low-income families in Baltimore, Boston, Chicago, Los Angeles, and New York City. The official MTO report found that moving to lower areas of poverty lowered risk of diabetes and obesity for women, proving that concentrated and irresponsible low-income housing is undeniably bad for health and wellbeing.

Mental Health and Housing

 In 2015, the MacArthur Foundation released a report entitled The Link Between Housing, Neighborhood, and Mental Health which identified three linking factors between mental health and living situations. The study used a cross-section of 371 low-income Latino families living in the Bronx, with eligibility determined based on their income. The three factors identified in the report were housing quality, neighborhood cohesion, and policy. They found that poor housing conditions contribute to depression and hostility, but contravened by neighborhood cohesion and improvements to housing.

These issues are interconnected since social cohesion is less present in groups of people experiencing mental health issues, which can then contribute to further mental health issues and spiral out of control. A 2016 study in Britain found similar links between housing and mental health. The research concluded that when exposed to unstable housing conditions for more than a year at a time, children are three times as likely to experience depression and anxiety. Women are also more likely to develop these issues, though at a lower rate of 10 percent.

These connections are apparent, but can be difficult to measure since any mental health issue may have predated the move into low-income housing. Additionally, the effects of an unstable living situation can compound on each other.

Closing Thoughts

No matter the difficulty with which these effects are measured, the importance of responsible housing practices cannot be overstated. The biggest barrier to fixing this problem is the intricacy of the situation. Policy changes, shifts in public opinions, political attention, and development of alternatives can all stand in the way. The results of the studies cited above illustrate steps that could be taken to create a successful model of public housing. As these reports prove, an improvement in housing situations can also result in overall quality of life and contribution to society. By taking these factors into account, populations in need of housing assistance can be provided options for safe and healthy living, at the lower cost that they need.

For residents renting from a privately owned property that exhibits any of the risk factors for decreased health and well-being, you will need to prove that conditions are unlivable. To do this take documents and photographs that support your claim and force landlords to fix them or risk having rent withheld. For residents of public housing, the government is subject to the same rules, and if you are displeased, you can consider the MTO program as an alternative.

 

 October is Healthy Lung Month. Toxins in the home can cause harm to anyone exposed. To avoid these dangerous health risks, educate yourself about how you can avoid exposure, and what your rights are. The Mesothelioma Cancer Alliance is dedicated to seeing asbestos eradicated worldwide and ending toxin pollution for people everywhere.