This blog is part three of the conversation around disability rights, especially as it applies to children within the American school system. If you have not read the first two blogs in this series, I suggest you do so. The first blog focused on the historical view of disability and the American school system’s approach to children with disabilities. The second part mainly focused on the struggles that children with disabilities face within the school system, and how these struggles have been exacerbated due to the recent pandemic. This final part will focus on some of the approaches that have been taken in the past to address people with disabilities, and how they differ from a human rights approach. We will also examine how we can help on various levels, whether we want to focus on our personal abilities or advocate for a larger movement.
The Rights of Children with Disabilities
What rights are protected?
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Much of what we have established in modern society in terms of children’s rights comes from decades of struggles, from implementing child labor laws to fighting for the right to an education. Similarly, the fight to pass the Americans with Disabilities Act (ADA) was one sure way to protect individuals with disabilities from discrimination. These rights and more are protected under the United Nations, both in terms of people with disabilities, (Convention on the Rights of Persons with Disabilities, CRPD), and with children’s rights (Convention on the Rights of the Child, CRC). Yet, these developments have only occurred in recent years; the ADA and the CRC were passed in America and the UN respectively, in 1990, and the CRPD was not adopted internationally until 2006.
The ADA, passed in the United States, protected the rights of people with disabilities from being discriminated against in all aspects of society. This was the first major legislation that protected people with disabilities from being denied employment, discriminated against in places of business, or even denied housing. In addition to these protections, the ADA required industries to be inclusive of those with disabilities through (among other things) taking measures such as building ramps and elevators for easy access to upper-level floors and building housing units with people with disabilities in mind. While America had passed the Individuals with Disabilities Education Act or IDEA (originally passed in 1975, and renamed in 1990) by this time, the initial form of this legislation allowed schools to place certain students with disabilities in special programs for no more than 45 days at a time. It was not until its improved form was passed in 2004 that provided the necessary financial and social infrastructure for its successful implementation.
The passage of the CRC, which applies to all individuals under the age of 18, focuses on non-discrimination, the right to life, survival and development, the State’s responsibility to ensure that the child’s best interests are being pursued, including ensuring that the child has adequate parental guidance. Additionally, it focuses on the child’s right to free expression, free thought, freedom to preserve their identity, protection from being abused or neglected, adequate healthcare and education, and includes certain protections the State is required to offer the children, including protection from trafficking, child labor, and torture. Article 23 of this Convention specifically focuses on the rights of children with disabilities, adding that these children have the right to the care, education, and training they need to lead a life of fulfillment and dignity. It also stresses the responsibility of the State to ensure that children with disabilities can live a life of independence and protect them from being socially isolated. Even though the UN passed this Convention in 2004, America is the only nation that has yet to ratify this treaty. This is why certain realities continue to exist, such as what is happening in Illinois.
Finally, we have the CRPD, which entered into force in 2008, only 15 years ago. Influenced by the ADA, the Convention on the Rights of Persons with Disabilities was passed to ensure that people with disabilities were fully protected under the law, including from discrimination, with the ability to function as fully pontificating citizens of their societies, with equal opportunities and the right to accessibility in order for them to lead a life with the dignity and respect afforded to their able-bodied counterparts. This convention had massive support and draws from both a human rights focus and an international development focus. What makes this convention unique is the implementation and monitoring abilities embedded within the treaty itself, and it includes non-traditional actors from communities (usually those with disabilities) with specific roles in charge of monitoring the implementation of this treaty. Unfortunately, the United States, while Obama signed the treaty and passed it to the Senate for their approval in 2009, has yet to fully ratify the CRPD treaty as well.
Some Approaches to Disability Rights
Upon understanding the various nuances of this conversation, we can now explore the three different approaches to defining disability in society. These approaches examine the issues that people with disabilities face and provide models influenced by differing fields of expertise. Many within society view disability as a medical issue and their solutions to the struggles faced by people with disabilities are medically focused. Similarly, others believe that disability is an issue of how society is structured, and their proposals for solving these issues lie within the realms of reshaping society to be more accessible to people with disabilities. Still, another approach built upon the foundations of human rights, focuses on the individual first, and the disability as an extension of their individuality. We will explore these three approaches and their pros and cons.
Approach 1: Medical Model of Disability
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As mentioned above, some people view disability as a medical issue, and this approach can be categorized as the medical model of disability. This means that they believe that the “problem” of disability belongs to the individual experiencing it and that disability comes from the direct impairment of the person. The focus of this approach is to look for medical “cures” for disability, which can only be provided by medical “experts” based on the specific diagnosis. While it may be true that individuals with disabilities require medical help from time to time, their entire existence does not revolve around this notion of viewing disability as an illness. The focus here is to “fix” the person with disabilities, so they can become “normal” again. This approach also makes use of the “special needs” rhetoric, which can result in the isolation and marginalization of people with disabilities. Media plays a big part in portraying people with disabilities as weak or ashamed of their disability, which can invoke fear or pity for people with disabilities within the larger society.
Approach 2: Social Model of Disability
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Another approach that has been proposed is what is known as the Social Model of Disability. In this approach, the “problem” of disability is seen as a result of the physical and social barriers within society that exclude people with disabilities from fully participating in their society. Disability is seen as a political and social issue, and the goal of this model is to be more inclusive and recognize the prevalence of disability within our societies. This means looking closely at the ableist social institutions and infrastructures present within society and attempting to address these manmade challenges posed by people with disabilities. This model recognizes the social stigma around disabilities and recognizes people with disabilities as differently abled rather than viewing them as incapable of living an independent lifestyle. This approach places individuals with disabilities on a spectrum rather than the two categories of disabled and able-bodied. The goal of this approach is to be socially inclusive of all individuals, regardless of their disabilities.
Approach 3: The Human Rights Model of Disability
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Finally, there is the Human Rights Model of Disability, which builds upon the foundations laid out by the Social Model of Disability and the Universal Declaration of Human Rights (UDHR). In this approach, the focus is on viewing the individual with a disability as a human first, recognizing that disability is a natural part of humanity that has existed as long as humans have been around. While it shares a lot of similarities with the social model, the human rights approach emphasizes not only the right of every individual to be treated equally before the law but also stresses that a person’s impairment should not be used as an excuse for denying them rights. This is essentially what the CRPD centers around, and the main goal of this approach is to ensure that people with disabilities have equal opportunities and protect their right to fully participate in society, politically, civilly, socially, culturally, and economically.
How Can We Help?
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On the Internation Level
While the United Nations has a convention that focuses on protecting children’s rights, it is highly debated whether these treaties are being enforced around the world. Child labor is still common in various places around the world, including right here in Alabama. While it can be argued that the US has not ratified the treaty and that is why the UN cannot do anything about this issue, there are other places that have ratified the treaty that still places children in dangerous working conditions and face no real repercussions from these decisions from the UN. In 2019, many tech companies were sued for their use of child labor in other countries to mine the precious minerals they require to produce their devices. Many textile companies within the fashion industry use child labor in nations that have ratified the children’s rights treaty. While the United Nations is trying its best to protect and promote the rights of vulnerable communities, it has not been able to enforce these treaties and regulations, and as a result, atrocities against those vulnerable communities, (including children), continue to occur. How can we as human beings, ensure that all children are protected from harm, not just those able-bodied, living in wealthier nations? This is something that needs to be addressed, and it requires the cooperation of many different nations willing to put their differences aside and work together to find a solution.
On the Domestic Level
As we explored in the human rights model of disability rights, it is the responsibility of society to provide equal access to all its citizens. This includes its citizens who have disabilities, and not doing so would discriminate against those who have disabilities and violate the Americans with Disabilities Act. This means that both on a national and local level, our infrastructure needs to be updated with an inclusive mindset that makes the roads safer and more accessible to all the citizens using them. As a state, Alabama could not only fix the infrastructure, but also pass bills to ensure that people with disabilities receive the care they need, including employment opportunities, medical assistance, food assistance, and any financial help they may require. Furthermore, on a national level, the police (or another department focused on social work) can be better trained to recognize the various disabilities, both visible and invisible, so people with disabilities are not wrongfully imprisoned for “behavioral” issues. This training would help erode the school-to-prison pipeline that has replaced disciplinary standards in American schools and make way for a brighter future for children with disabilities. Finally, the United States can, at the bare minimum, ratify the Convention on the Rights of the Child, signed into existence in 1990 by member states of the United Nation. As we mentioned earlier, the United States is the only nation in the world that has yet to ratify this treaty.
On the Individual Level
We can all be more mindful of our actions and our ableist mindsets. Next time you walk down the street, pay attention to the roads and sidewalks. Are there any sidewalks for people with disabilities to use safely? Are there curb cuts, and are those curb cuts freely accessible or are they blocked? How accessible are public buildings such as restaurants, storefronts, or even the DMV? Are there enough parking spots allotted to people with disabilities, and are those spots easily accessible, or blocked off by other vehicles? Thinking outside of an ableist mind frame is the first step toward being more inclusive of people with disabilities. It might seem like a powerless and pointless step to take, but the more you start to notice the ableist structures within society, the more you will want to speak up about these issues the next time you have the opportunity. You will also be more mindful of your own ableist actions and how they may have unintended consequences. If you are a parent, you have the ability to question your school’s practices concerning children with disabilities and offer support to the children and their parents. As an individual, you can also contact your representatives to pass legislation that would empower people with disabilities to live independently. As a society, we need to get past the stigmatization of this group and normalize disability being an innate part of being human.
In the last blog, we covered the contextual history of the American Education System, primarily, who was allowed education, who was not, and even the differences in the quality of education that children in America received. We also explored the historical treatment of people with disabilities, both in the larger society, as well as in children with disabilities within the school system. Understanding the past is crucial to analyzing why certain events occur as they do in the future. That is what we set out to do in this continuation of the conversation about disabilities and the American education system. In this second part, we will focus on the realities children with disabilities witness within the education system, including the challenges they face, the school-to-prison pipeline that exists, and how this impacts their development (both mentally and physically). We will then explore how the recent pandemic exacerbated these conditions, and what sort of rights the children possess in this post-pandemic world.
Children with Disabilities in the Education System Today
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The many challenges faced by students with disabilities in the classroom
Children with disabilities today face many challenges within the classroom even without taking the pandemic into account. These challenges vary from physical barriers to socio-emotional ones. One thing that needs to be recognized is that not all disabilities are alike, and with various disabilities come various challenges. I don’t want to appear to be generalizing the struggles that children with disabilities face in the school system, because each individual’s experiences vary, even between different places. Some states within the United States may be very inclusive, while others may place the responsibility of accessibility on the people with disabilities themselves. Regardless of which state you live in, my goal here is to spread awareness of the various challenges that children with one or multiple disabilities face as they maneuver through their primary academic journey.
With that being said, one of the most common barriers that children with disabilities face is on the social level. Throughout history, children with disabilities have been separated from the rest of the able-bodied society, and this is also true within the school system. Many schools, when they began to accept children with disabilities into the school system, would educate them separately (in the basement or another room) from the other children. Even today, many children with learning and speech disabilities require additional help from trained professionals, which requires these children to spend extra time on their academics, and less time socializing with their peers. This naturally distances them from able-bodied children their age and can lead children with disabilities to become victims of many instances of bullying and harassment. A crucial element to consider is that while many children their age are dealing with the various emotions that come from development, children with disabilities have to deal with additional fears and insecurities surrounding their disabilities, as they learn to accept and adapt to life with disabilities. This can be challenging in and of itself, without having to deal with the social pressures from peers.
Additionally, while schools receive federal funding to meet the required measures for the children with disabilities within their institutions, this funding is limited, covering less than a quarter of the expenses needed to fulfill the required services for each student. The Individuals with Disabilities Education Act (IDEA) we covered in the previous blog allows Congress to allocate up to 40% of the average funding per student, but unfortunately, this has never been exercised by Congress, and funding for special education programs continues to be miserly. Schools receive 15% of the funding they are allocated, but they are still required to fulfill all the mandated regulations simply for receiving federal funding. This means that they have to come up with the remaining 85% of the expenditures on their own, in place of the 55% they would be responsible for covering if Congress secured the full 40%. This can place additional strains on these schools that are already struggling for funds.
Furthermore, children with learning disabilities require trained professionals to provide them with additional support throughout their academic journey. Someone who is hearing impaired may require additional resources to combat the auditory issues they face, or someone who is visually impaired may require additional lessons on how to read in Braille. Others with learning disabilities such as dyslexia (which is a disorder in which someone has difficulty reading and processing language), may need additional patience and support to process the information they are learning. Public schools, by law, are required to provide assistance to children with disabilities and those who have been through traumatic experiences. Licensed professionals that focus on educational needs for children with learning disabilities can be hard to find, and this has only worsened due to the pandemic. As many as 44 states experienced this shortage even before the pandemic, and this number continues to grow due to the issues of limited funding discussed earlier. Without the necessary help that students with learning disabilities require, they continue to fall behind their peers academically.
Many of these challenges can be addressed with more funding allotted to the education system as a whole, and professions within the field of special education can be incentivized by the government (by for example, making the training programs free and accessible to those who are interested) to address the shortage of licensed professionals. The education being taught in the schools can be more inclusive of children with disabilities, with opportunities for the children to share their experiences with their peers and help remove the stigma associated with disabilities by normalizing helpful conversations around disabilities. While these challenges can have a great impact on the learning abilities of children with disabilities, there are some challenges that can have drastic impacts on their futures as a whole.
The school-to-prison pipeline
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Unfortunately, along with an increase in school shootings within the educational system, another phenomenon that has become all too common is the use of law enforcement to discipline children. More and more stories have been reported regarding children with disabilities and children of color being subjected to drastic disciplinary measures by school systems. When a child “acts out” or showcases any behavior not supported by the schools, the educators have resorted to involving the law instead of following disciplinary protocols within the schools (such as contacting parents, placing students in detention, or for more serious issues, using suspensions). Police are called on these students, and educators watch as young children are punished for their misdeeds by being harassed by the police. In many instances, these incidents have turned deadly, as police officers have used full force on young children, to force them into complying, at times jeopardizing the children’s well-being. Children as young as 7 years of age have been placed in handcuffs and threatened jail time, for childish behavior such as spitting or throwing tantrums. This can be especially dangerous when children with disabilities are involved because they are accused of “misbehaving” when they are simply reacting differently to situations than their able-bodied peers. The police, with little to no training on the different ways to approach people with disabilities, only escalate the already tense situations.
According to a CBS News analysis of data from the Education Department in 2017-2018, children with disabilities are four times more likely to be arrested than their able-bodied counterparts. Another research conducted by Cornell University reports that 55% of Black men with disabilities have been detained before they reach the age of 28. Young African American children with disabilities, therefore, are the most at-risk demographic to face legal repercussions for “behavioral” issues common among most children their age. This phenomenon, known as the school-to-prison pipeline, which disproportionately targets students of color, (and children with disabilities), involves the use of the criminal and justice systems as a tool to discipline children. Unfortunately, these disciplinary attempts remain on the permanent records of the targeted children and can have lifelong implications that determine their future.
An example of this school-to-prison pipeline is clear when looking into some of the instances where law enforcement is used to discipline children. Jacksonville, Illinois is home to a particular school that makes use of its law enforcement officers for behavioral issues. Garrison School, a public school where children with disabilities in that region attend, has been in the news recently for the staggering number of arrests made within a single school year. Although the population of this school is an average of 60-70 children, the police, who are located less than 5 miles from the school, have been called over 100 times for “behavioral” issues, such as throwing tantrums and spraying water. An investigation into this school found that in the school year 2017-2018 alone, more than half of the entire student body was arrested. As the only public school for children with disabilities in that region of Illinois, caregivers are limited in choices of schools for their children. In addition to having disabilities, the children at this particular school have also experienced immense trauma and violence in their past. Arresting these children for their “behaviors” continues to place these children in traumatic situations, further impacting their development.
Impacts on children with disabilities’ development
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Using the criminal and justice systems to punish or “discipline” children with disabilities can have lasting impressions on the children’s futures. For one, especially children such as those from Garrison School, who deal with personal trauma and violence from their past, experiences with law enforcement can deteriorate their mental health even further. Even those without previous trauma can have lasting impressions on their academic success, meaning that children who have been disciplined with the use of law enforcement are even more isolated from their peers and can experience breaks in their educational journeys. Studies have shown that children who have their needs met are more likely to outperform those students who do not have their needs met. Linking back to the school-to-prison pipeline, those students who have been arrested and imprisoned as young adults are more likely to continue down this path of criminality. Additionally, students with disabilities that have been imprisoned have to face the added struggles of maneuvering the prison system with disabilities, and these struggles are increased with multiple disabilities, especially with invisible disabilities, in which case, many people may not even believe the existence of these disabilities. Studies have shown how incarceration can worsen issues of mental illness within the prison population, and when translated to the impact imprisonment has on people with disabilities, these conditions are exponentially worse.
How it impacts children with disabilities’ professional futures
In addition to the harm this causes to the development of children with disabilities, the practice of using law enforcement to discipline school children has far-reaching consequences. For one, the children who are constantly “othered,” bullied, or harassed by both students and teachers can internalize their experiences and react to them, increasing their chances of being disciplined again for behavioral issues. In addition to that, being imprisoned, even for a few days, can be a traumatic experience that can shape your worldview, and as a result, your future. For young, developing children, these experiences can be impressionable, and coupled with the isolation that many children with disabilities experience, this can be a devastating combination, resulting in the deterioration of the children’s physical and mental well-being. Furthermore, many of these zero-tolerance policies that end in the arrests of children happen due to the faculty members pressing charges against the children. These charges, though they can be sealed for juvenile offenses, can lead to more charges in these children’s future into their adulthood. A criminal history into your adulthood can result in slim educational and employment options. Research conducted more broadly on this subject has been reported by the Prison Policy, and it showcases how increasingly difficult it is to find decent employment upon exiting the prison system. The report adds that even when formerly incarcerated people do find employment, they are often paid fewer wages than their co-workers.
Applying this research to children with disabilities who are disciplined through the legal system, can be an even bigger challenge for their futures. People with disabilities experience many barriers to obtaining employment even without imprisonment on their records. Studies have shown how incarcerating children does not deter them from engaging in criminal behavior in the future; it might actually have the opposite impact. Finally, children who are incarcerated experience large gaps in their education, and this can impact their ability to successfully enter the job market. This issue is exponentially worse among children with disabilities because they are more likely to be imprisoned for “behavioral issues”, and expands the academic gap felt by so many children with learning disabilities who are already facing many social and learning barriers.
How did COVID make things worse for children with disabilities?
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The pandemic was a time of uncertainty, and many of us were scrambling around not knowing what to do. Even as more and more information came out about the virus itself and how to safeguard it, there was a lot of anxiety and misinformation being spread around. Children with disabilities had to navigate not only their personal lives with their unique experiences but also the larger society that was falling apart around them in the face of a virus. Many businesses and schools shut down in the beginning, which meant that children had to adjust to different learning styles, something that may have been easier for some, but widened the academic gap for others. Children with disabilities as a whole had to be mindful of the threat that the virus posed on their lives. This virus was especially deadly to those with pre-existing conditions and for those who were immunocompromised, both of which apply to many children and adults with disabilities. So, constantly having to live with the anxiety of whether or not they might contract the virus would have been stressful enough without the masking and vaccine debates that have politicized this medical crisis. What is worse, COVID-19 vaccines for children were not available for over a year after the pandemic first began, leaving this population vulnerable to infections with no way to protect themselves against them.
Additionally, along with their children, parents, and caregivers of children with disabilities faced new challenges as everyone attempted to adapt to the “new normal”. While the mandated quarantine helped with transportation issues for some, it opened up a whole new set of issues for many. Children with learning disabilities who received additional help from professionals either had to go without it or transition to seeking their help through zoom. For some, accessing help through Zoom and Telehealth was extremely helpful in addressing the medical needs of people, and this had a positive impact on people with disabilities as a whole. However, accessing Zoom and Telehealth was a challenge on its own for many who lived in rural areas or marginalized areas where internet services were very minimal or nonexistent, or simply unaffordable. The pandemic was a time when many people also lost jobs, so children faced additional financial repercussions from the pandemic. These instances further widened the academic gap among children with disabilities.
This blog mainly focused on the struggles that children face within the American school system. Part three of this series will focus on some of the approaches that have been taken historically when addressing disabilities, and some ways in which we can take action, on a personal level, on a local or national level, and even on an international level.
Even though 1 in 6 people around the world experience disabilities, they are often among the forgotten groups within our society. While people with disabilities today are living under better conditions than their ancestors, there is still a lot of progress needed to be had to ensure that people with disabilities can lead a life of dignity and independence, free from the stigma and failures of society’s ableist mindset. In this two-part blog, we will focus specifically on children with disabilities within the American education system, but before that, it is necessary to frame the historical context surrounding the American education system, and how disability in America has been treated as a whole. As a result, part one of this series will focus on setting the historical context, exploring the American Education System as well as the treatment of people with disabilities throughout American history. The second part of this series will focus on exploring the contemporary issues faced by children with disabilities and their families within the American Education System and learn about a human rights framework for disability rights.
History of America’s Education System
The Unequal Distribution of Knowledge
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Since the founding of this country is rooted in capitalism, patriarchy, and white supremacy, many groups of people have been historically denied access to education. Traditionally, children from poor backgrounds were expected to help their families on the farm or work in their family businesses to make ends meet. As the industrial revolution took hold, child labor transferred from the farms to the factories, and many industries, such as the textile industry preferred to employ children to exploit their minuscule features. The petite features of the children came into use when they were needed to get into tight spots, or when operating machinery that required smaller extremities. Child labor in America was not outlawed until 1938, meaning that many children from poor families were illiterate and disadvantaged in comparison with children from wealthier families, who could afford to educate their children instead.
In addition to the absence of child labor laws, the patriarchal structure of American society deemed it more important for boys and men to be educated than their female counterparts. While poor families were denied access to education on the whole, even among wealthier families, the education of boys was prioritized over educating women. Women were expected to be homemakers and child-bearers in the private sphere, and the public sphere was reserved for their male counterparts. Many women were denied access to education, were not permitted to participate in politics and were limited to feminine jobs (such as teaching, nursing, and domestic work) when they did participate economically in the larger society. It was not until the 19th century that women were given more flexibility in their pursuit of higher education. Of course, not all women shared the same experiences, and white women were better able to receive education than women from other races, and as expressed earlier, wealthier women had more opportunities to educate themselves than did women living in poverty.
Furthermore, the foundations of white supremacy upon which America was built denied people of color access to education. Education provides the key to empowerment, and the status quo did not want to empower those they deemed to be inferior. Due to the hierarchical nature of this supremacist mindset, people from different groups were “dealt with” in different manners. For immigrants, access to education depended on their country of origin. Some immigrants, such as those from Asian countries, were barred from receiving education in America until the 1880s and were instead used for hard labor, like constructing railroads. European immigrants, on the other hand, were well-received by many in America, (with the exception of the Irish), and were granted many of the rights shared by American citizens at the time. There was however, a difference in treatment between the Old immigrants, (which were members from wealthier backgrounds with skills and education levels from the Southern and Eastern parts of Europe that came to America in the early 1800s), and the New immigrants (who were mostly impoverished, unskilled laborers from Western and Northern Europe who migrated to America in the late 1800s).
In addition to immigrants, the indigenous population of America also received access to education with a different approach. In an attempt to force them to forget their rich cultural histories and erase the cultural differences between the indigenous population and the larger (White) American society, children from different tribes were kidnapped and forced into boarding schools where they would learn to be assimilated into the American culture. Indigenous children were punished for speaking their language, engaging in their cultural practices, or even wearing cultural clothing (whether it was casually or for cultural practices). This is one of the reasons that today when people appropriate Native American culture (and attire), it can be very insulting, as they were punished for practicing their culture and wearing their traditional clothing.
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Furthermore, during the enslavement of African Americans, who were deemed to be on the lowest level on this racial hierarchy, access to literacy was denied to them and outlawed, making it punishable by law for African Americans to be literate. This law was another way in which racist leaders of the time maintained control over the enslaved population. Following this period, there were many racist laws and social barriers to education for African Americans over time, and it was not until the famous passage of the ruling in Brown v. Board of Education that African Americans were given the right to equal education. With all that being said, there is still an ongoing struggle to bring equity, inclusion, and diversity into the American education system.
There can be a whole blog dedicated to the housing market, its impacts on funding for the local schools, and how this influences the level of education the children within those districts experience. As mentioned in previous blogs on similar topics, this funding practice tied to the housing market is, yet another way racism has seeped into American institutions. Transforming the American Education system into a more inclusive one will be a difficult fight ahead, as cries against teachings with an anti-racist approach are molding the current curriculum within the education system today.
The Historical Struggle to Secure the Right to Education for People with Disabilities
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This exclusive approach to education also historically denied access to disabled individuals as well. American society has been structured with an ableist mindset, and people with disabilities have been stigmatized and marginalized by the larger society. In the past, many states prevented children with disabilities from attending school, choosing to place them in state institutions instead. Some wealthier families with disabled children could afford to home-school them, but the rest of the children with disabilities within society were not given that opportunity.
Even after education was required for all children, many states refused to provide accommodations for their students with disabilities, and the responsibility of securing access and mobility was placed on the children and their families, rather than the state. Judith Heumann, a well-known disability rights activist, was denied entry to her elementary school during the 1950s because the school district deemed her a “fire hazard” for being mobility impaired and having to use a wheelchair. It was not until the passage of the Education for All Handicapped Children Act (EHC; later known as the Individuals with Disabilities Act or IDEA) in 1975 that educational rights were protected for groups in need, including children with disabilities. While education access was protected under this law, the passage of the Americans with Disabilities Act (ADA) in 1990 was needed to ensure that people with disabilities are protected from discrimination in all aspects of society.
The Horrific History of Disability in America
How were People with Disabilities Viewed in the Past, and how has that changed today?
Image 5 – Source: Yahoo Images; An image depicting a man who is audio-visually impaired, being held down as a priest performs an exorcism on him to “free” him from the demons possessing his body. This was a popularly held belief about people with disabilities.
Understanding the historical context behind the American education system is only one part of this conversation. Outlining the lens through which disability is viewed today, and in the past, is necessary to comprehend the treatment of children with disabilities within the American education system. Today, people with disabilities are viewed in four ways. For one, following the traditional views of disability, most people with disabilities are simply ignored by society, both as a population, as well as systemically. You can see this is the case by simply looking at some of the ableist framings of our infrastructure. Needless to say, being an invisible group within society comes with its own challenges.
Another common way society approaches people with disabilities is to view them as the “super-crip” (which is extremely insulting) and look at their achievements as “inspirational.” People who believe this highlight people with disabilities in a supernatural sense, similar to how many African Americans were portrayed as supernatural beings with superhuman strength and abilities. This troupe was not helpful to the African American community then, and it is not helpful to people with disabilities today. Some may argue that this troupe seems to be a positive outlook of the group, but upon closer inspection, it is important to recognize the stress and burden of success this places on people with disabilities to feel accepted by society. It also encourages the mindset that these people who achieve extraordinary things are superhuman and that their achievements are highlighted because there is a general conception that this is abnormal for the group. Additionally, for a person with disabilities, it can be insulting and demeaning to hear the phrase, “if a person with a disability can achieve this, so can you!”
Another tactless way in which people with disabilities are regarded, as inferior to the rest of the population. Many able-bodied individuals either view them as a burden to society or simply objects to be pitied. This can have the impact of treating people with disabilities as second-class citizens and making them feel as if they are lacking in some way or another. Those who show pity toward people with disabilities may have good intentions, but their actions treat people with disabilities as victims of fate, rather than with dignity and humanity.
Finally, some people within society treat people with disabilities as if they have undergone a tragic event (whatever led to their disability), and people require “saving” or “treatment” to be “cured” of their ailments. This too is not the case. People with disabilities adapt to living their lives with their disabilities, and they don’t require anyone to “save” them from their disabilities. This is extremely insulting and rude to even think that, and it has the same connotations as would a “white-savior complex” within the context of race. The underlying belief in both of these situations is that the person doing the “saving” believes that the person that needs to be “saved” cannot do this for themselves and that they require the help of the “savior”.
While it is important to understand the contemporary views of people with disabilities, it is equally relevant to familiarize ourselves with the ways in which people with disabilities have been treated in America in the past. Until the 19th century, people with disabilities were separated from participating with the rest of the larger society. During colonial times in America, people with disabilities were treated in a similar light as the Salem witches, either burned or hanged. Others viewed disability as a sign of God’s disapproval of the colonists, and people with disabilities were treated as though they were possessed. Still, others felt that people with disabilities were a disgrace to their family and their community, and many were shunned from their homes. The larger society lumped criminals, poor people, mentally ill people, and people with disabilities under the same roof, labeling them as outsiders. This practice evolved into the many horror stories that we may be familiar with today regarding asylums and their treatment of their patients. An important note: as it is with other American institutions, racism, and sexism disproportionately impact the lives of people of color and women within these institutions, and this translates into how they are perceived and treated by the larger society as well. This remains true for people with disabilities with identities that are not aligned with the patriarchal, white society.
The mistreatment and abuse of people with disabilities within asylums
Image 6 – Source: Yahoo Images; An image depicting an asylum, where people with disabilities were forcibly committed. In this image, there is a bed, and a wheelchair in the room big enough for one person, but many facilities were not as fortunately funded or furnished.
People with disabilities, along with other vulnerable groups that were stigmatized by society, were pushed into asylums. These were large “hospitals” stocked with medical equipment and personnel in which the goal was to provide care and treatment for the patients that resided within these asylums. The reason I placed hospitals in quotations is that many of these asylums were simply places to house all the people society did not want. These patients were experimented on, abused, neglected, and had almost no rights to defend themselves. Some patients that were from wealthy families were able to be treated at home, but others that came from meager backgrounds were not as fortunate. Many of the staff working within these institutions were unsympathetic towards their patients, feeling burdened by their very existence. Many people (within the institution and outside in the larger society) believed that people with mental illness and people with disabilities were “acting out” on purpose, to make life harder for those “upstanding” citizens of society. Many of the patients were misdiagnosed, and the institutions went from trying to care for the patients to “cure” the patients of their disabilities. The stigmatization of these groups within the asylums meant that their needs and wants were ignored. In addition to that, because it did not require a professional recommendation from a medical practitioner to admit patients into the asylums, many people were wrongly admitted to these institutions (because of personal grudges or disapproval of their behavior) for years without the right to defend and protect themselves.
Of course, it is not wise to lump every institution together and generalize about their treatment of their patients. While some were genuinely trying to take care of their wards and research ways to help “cure” them, others were less sympathetic to the plights of people with disabilities, both visible and invisible. For one, similar to the issues that American prisons face today, asylums were overcrowded, understaffed, and underfunded. This meant that each individual residing within the institutions was not given the personal care they required, and instead, they were all lumped into groups to receive generalized treatments. This was problematic in so many ways, but the most obvious is that disability takes many shapes and forms, and each individual had different needs that had to be met. Approaching a group of people with disabilities with generalized treatments meant that the doctors and nurses never took time to understand the details of each person’s disability, much less how best to approach them. As a matter of fact, because many believed disabilities to be a spiritual problem (a person being possessed by the devil), early “treatments” for mental illnesses and disabilities came in the form of exorcisms. When medical professionals finally were able to understand that this was a bodily illness, not a spiritual one, they then proceeded to conduct various experiments on the patients without having any knowledge of how to treat their patients. This is where the tortures began.
Image 7 – Source: Yahoo Images
Medical personnel proposed many treatments to “cure” people with disabilities, including inhumane procedures that involved drilling holes into the patient’s skull in an attempt to bleed out the disease in question. While it is easy to judge in retrospect, in the beginning, many of the doctors truly believed that they were “curing” their patients with the various treatments they provided them, even as many recognized the inhumane nature of their treatments.
Other various treatments were administered to the patients, which can be defined as abusive and torturous today. Many women with disabilities were abused sexually, both by other patients and their caregivers. In addition to these incidents, many states (through the support of the law) practiced forced sterilization of disabled individuals in these institutions. The justification for this practice was expressed as cleansing humanity of these various illnesses and disabilities. Inspired by the American practice of eugenics, Nazi Germany expanded upon this practice to include everyone that did not fit their description of the “Aryan” race. To this day, America has not acknowledged this practice, and forced sterilization continues to be legal in the United States because of a Supreme Court ruling in 1927. The case in question, Buck v. Bell maintained that the sterilization of Carrie Buck (a woman who was raped and accused of “feeblemindedness”) was not in violation of the Constitution. This ruling permitted the forced sterilization of thousands of people with disabilities and other traits deemed “unwanted” by the general public. While the Supreme Court has outlawed forced sterilization as a form of punishment, it has never overturned its ruling made in Buck v. Bell. As a result, this practice is technically still supported within the legal framework.
With very little funding, the living conditions within the institutions also proved to be dangerous. The asylum itself was built to be uncomfortable because there was a belief that comfortable living would encourage patients to stay there forever. This meant that there was poor insulation, keeping the buildings cold. Due to the shortage of staff, many patients were restrained or locked up, while others were neglected altogether. These conditions, along with the “treatments” they received, exacerbated the patients’ conditions and were detrimental to their mental and physical health. Finally, as a result of society’s exclusion of this vulnerable population, many people outside of the institutions were not aware of what was taking place within. The patients inside these asylums were all but forgotten, invisible to the rest of society.
Deinstitutionalization
Image 8 – Source: Yahoo Images; When the institutions closed without much warning, many of the patients were left stranded to fend for themselves with no help from the government.
In an attempt to expose these terrible conditions to the larger society, journalists and activists spread accounts about the conditions within the asylums. Many were able to do this by investigating these institutions firsthand, and images (and videos) of the ill-treatment of the patients began circulating. As people started learning about the horrific conditions in which their loved ones were being kept in, the asylums faced a lot of backlashes. Amid all the backlash, in 1946, President Truman passed the National Mental Health Act to begin research on neurological issues. It would not be until 1955, however, that things changed drastically for those suffering from mental illnesses. Thorazine, a psychoactive medication that was introduced as a way to treat mental illness, and the population within the institutions peaked around this time. In the 1960s, there was an attempt to take a community-based approach to treat mental health, but it lacked the funding to progress in any substantial way. In 1981, Ronald Reagan takes a drastic step to stop government funding to help with mental health, forcing institutions to close their doors and leaving the patients on the streets.
This dramatic change provided no cushion for the patients to fall on, and much experienced homelessness as a result. With nowhere to go and no help from the government, many people with disabilities lost their lives because of this policy shift. These individuals never received any compensation for their ill-treatment, nor were they given any transitional housing or aid to help restart their lives. Of those that did not end up dead, many people with disabilities were imprisoned for causing “public disturbances.” Unfortunately, this practice continues to exist today, especially impacting people of color, and people living in poverty disproportionately. Of course, the imprisonment of people suffering from physical and mental disabilities exacerbated their conditions, and the lack of care and treatment resulted in many deaths. With nowhere to go, and no rights to protect this vulnerable population, people with disabilities continued to suffer due to systemic failures.
The movement for disability rights
Image 9 – Source: Yahoo Images;
Eventually, following the lead set by the Civil Rights Movement and many other movements such as the Women’s Rights movement, and the sexual revolution that fought for the rights of the LGBTQ+ community, people with disabilities came together to stand against discrimination toward them from the larger society, and fight for their rights to exist and prosper like any other groups. People with disabilities wanted to challenge the practice of institutionalization and employed many of the tactics that were used during the Civil Rights Movement. They staged sit-ins in governmental buildings like the FBI building, challenged the mobility norms of society by blocking busses (that denied accessibility to people with disabilities) from moving, and they protested on the streets, able-bodied allies and people with disabilities alike, fighting for their rights.
People with disabilities were also exhausted with the ableist society they lived in and began to challenge the many barriers within society that kept them from living as independent individuals. They did not need someone to hold the doors for them; they wanted the doors to remain open automatically long enough for them to pass through. They wanted accessible sidewalks on which they could move their wheelchairs, walkers, and other walking devices (if applied) safely, and independently, without having to depend on others to take care of them. People with disabilities and their caregivers began to challenge the largely held view by society that people with disabilities were a burden to society. They argued that societal barriers made them dependent on others and implementing disability-friendly solutions can provide the community with the independence to live their lives freely.
In 1973, with the passage of the Rehabilitation Act, specifically, Section 504, people with disabilities, for the first time, were protected by law from being discriminated against. This act recognized that the many issues faced by people with disabilities, such as unemployment, transportation, and accessibility issues, were not the fault of the person with the disability, but rather, a result of society’s shortcomings in failing to provide accessible services to the group. While this was a major win for this community, this law only applied to those who accepted federal funding, meaning that the private sector, and even many of the public sector, could still discriminate against people with disabilities. Following the passage of this act, many people with disabilities were instrumental in ensuring its enforcement. Many of the sit-ins referred to above happened at this time, as an attempt to keep governmental offices accountable. Protestors would block the entrances into the government buildings, or stay in the buildings past close time, refusing to leave until the necessary changes were agreed to be made to the buildings (such as including ramps to the building or elevators inside the buildings) to meet the Section 504 requirements. This continued until Ronald Reagan issued a task force to stop the regulatory attempts made by supporters of Section 504, and the protections secured by the IDEA, an act that protected the educational rights of children with disabilities. Over the following years, his decision resulted in hundreds of frustrated parents and people with disabilities alike questioning the justification for stopping the regulatory actions of Section 504. This backlash, accompanied by the tireless leaders of the community meeting with White House officials, ended in Reagan reversing his crackdown on Section 504, allowing regulations to continue on businesses that refused to incorporate practices outlined in Section 504.
Additionally, following the passage of the Fair Housing Act in 1968, people with disabilities, along with other protected groups such as race, gender (and sex), and religion, were protected from discrimination in housing. The first passage of the act initially only included race, religion, national origin, and color, as the protected groups. It was not until 1974 when sex (and gender) were added to this list, and not until 1988 when the disability community was added. Still, this act was especially important for people with disabilities because it required home builders to provide reasonable accommodations necessary for the inhabitants to live comfortably and move around the housing unit.
Following these many small victories came the biggest one of them all, the passage of the Americans with Disabilities Act in 1990 (ADA). This law was the first general law protecting people with disabilities from discrimination in all aspects of society, including in housing, employment, healthcare, transportation, and many other social services that impacted the lives of this protected group. The passage of the ADA focused on four main themes: full participation, equal opportunity, independent living, and economic self-sufficiency. Full participation focuses on the ability of people with disabilities to participate in all aspects of their lives, including having access to transportation, entering and exit buildings without issues, being able to vote on inaccessible sites, and enjoying life without social barriers that prevent them from being able to do so. Equal opportunity centers on being able to be employed without facing discrimination due to their disability and being able to take advantage of other such opportunities free of discrimination. Independent living brings attention to the ableist framework that society is structured in and recognizes the need for a more disability-friendly society, with access to handrails, ramps, curb cuts, and other options such as disability-friendly online sites (that for example, speak the menu out for you if you are a person with visual imparities) to raise the living standards for people with disabilities. The basis of this pillar is to empower people with disabilities with tools they can use for themselves in order to live independent life. Finally, the economic self-sufficiency piece mainly concentrates on the economic security of people with disabilities. This includes access and accommodations to receive higher education, better employment opportunities (including training, transportation access, and mobility within the workspace), and other such necessities to promote economic self-sufficiency within the disability community.
Image 10 – Source: Yahoo Images
Many communities across the United States are brainstorming innovative ways to be more inclusive, but we are far from being a fully inclusive society. People with disabilities remain among the invisible groups within society, not because their advocates are not loud enough, but because their cries are being ignored by lawmakers and their local representatives. Globally, the United Nations established the Convention on the Rights of Persons with Disabilities(CRPD) in 2006, working to shift the mindset of people’s views on disability as a whole, as well as protect and promote the rights of individuals with disabilities by empowering them to fully participate in society with the dignity and humanity they deserve.
While this blog mainly focused on the historical context of the American Education System and the perception of people with disabilities in the past and today, the next blog will focus more on the treatment of children with disabilities within the American education system today, the many challenges they continue to face, how the pandemic has impacted their learning and development, and the human rights framework necessary for disability rights to do what we can to be more inclusive and less ableist as a society.
An image of a tightly packed women’s prison. Source: Soumya Misra (Nursing CLIO) via Yahoo Images Public Domain
This is a continuation of the conversation about the Alabama Prison Crisis as exposed by Mary Scott Hodgin in her podcast, “Deliberate Indifference.” If you have not read the previous blog post on this topic, “The Ongoing Alabama Prison Crisis: A History”, it is recommended that you do so. Also, if you would like more information and details regarding this topic, please listen to the podcast, “Deliberate Indifference,” by Mary Scott Hodgin. Now, without further ado, let us jump right in from where we left off.
In the previous blog, we focused on the history of prison systems in America, and particularly, some of the legislations and ideologies that laid out the foundation for the correctional institutions we know today. We explored in detail the convict leasing system that helped rebuild the infrastructure of the Antebellum South following their defeat in the Civil War, and the racialized laws and legislations that disproportionately landed Black and Brown people in prison over their White counterparts. The War on Drugs era followed by the Tough on Crime era landed hundreds of nonviolent offenders in prison, serving longer and harsher sentences and life without parole. While our focus in the last blog was more nationwide, it was necessary context to set the stage to better understand the realities that face the Alabama prison systems focused on in this blog.
The objective now is to look deeper into the conditions of the penal system in Alabama, the lawsuits they faced in 2017, and the most recent one in 2020, how the pandemic exacerbated these conditions, the prison strikes that took place within these prisons, and some ways to move forward to bring about actual change – change in the mindset of our fellow Alabama voters, and a shift in the way the prison population is viewed and treated as a whole. We will look at some groups that are trying to do just that, from organizations like Alabama Appleseed and the Offender Alumni Association to religious groups and other educational groups that sponsor programs within the prison system to provide opportunities for higher education to the imprisoned population.
Prison Conditions
An image depicting a dormitory-style housing unit. Many of Alabama’s prisons are structured this way. Source: Yahoo Images via ACLU
While exploring the most recent reports that resulted from the federal investigations of Alabama’s prisons, there were many similarities in the reports. While the problems of understaffing and overcrowding were expressed in detail, (which will be discussed below), there was also extensive observation of the living conditions inside the prisons. What the investigations revealed was shocking, and despite having been advised to address these issues even in the 1970s investigation of Alabama’s prisons, the conditions had not improved. Rather, it had deteriorated even more due to the consequences of staffing and crowding issues.
Both reports extensively provide detailed examples of violent outbreaks within the prisons, between prisoners, and even at the hands of prison staff targeting the prisoners. Many such incidents go unreported, and others have even ended in the death of the imprisoned person. One of the things that contribute to this violence is the structure of the prison itself. Many of Alabama’s prisons are fashioned in a dormitory-style of housing units instead of the individual cell units depicted in popular culture. These housing units are essentially enormous halls that are secured on the perimeters, with bunk beds piled into the room as close as they can fit. With little to no privacy, and jampacked in tight spaces, people can get easily agitated, and this can lead to violence. Due to the overcrowding issue, many people are even expected to sleep on the floors, which can be unsanitary and uncomfortable. Due to the continuous staffing issues these prisons face, these large units may go unguarded for long periods of time, sometimes even entire shifts.
This puts both the inmates within the units at risk for violence, and the prison staff who, to the incarcerated individuals, represent the authority from which these conditions are sanctioned. Even still, many officers, due to the understaffing issue, have overlooked contraband possession (such as drugs or cell phones), deciding to pick and choose their battles in an already tense environment. As a result of all these issues, corruption is rampant within the prison walls, and many prison staff, according to narratives from both reports, take advantage of this tense environment to assert dominance over prisoners with increased brutality. People who are incarcerated are not viewed by society as individuals with their own pasts and presents. They are only viewed as “criminals,” remain invisible to society and are dehumanized. Regardless of the crimes that a person commits, they are at the end of the day, still, people, who deserve dignity and basic human decency. As an institution of the state, prisons are legally responsible for providing a safe and secure environment for people who are incarcerated to serve out their sentences as punishment. The American Constitution does not support “cruel and unusual punishments”, and under the Universal Declaration of Human Rights (UDHR), the rights of imprisoned individuals are fully supported.
An infographic that lists the universal rights protected under the Universal Declaration of Human Rights (UDHR). Source: Irish Times via Yahoo Images Public Domain
2017 Federal Investigation
In the previous blog, we focused on how the prison system of Alabama has been under federal investigation nearly 50 years ago in the 1970s. Unfortunately, the conditions outlined in those reports were never fully addressed, and the issues that were highlighted have only been exacerbated over the years. In September 2017, the Department of Justice from the federal government toured one of Alabama’s prisons, Bibb County Correctional Facility, for their official investigation of prison conditions in the Alabama penal system. What they uncovered was outlined later in a report published in 2019, stating over 50 pages worth of evidence against Alabama, and the minimal expectations the federal government laid out for Alabama to achieve, both short-term and long-term.
The report is prefaced by the fact that these concerns were underlined within a week of their investigation. According to the report from the observations made in 2017, the Alabama correctional facilities faced a myriad of issues, including an overcrowded prison population, with dangerously low staffing, issues of contraband entering the prisons, and a host of observations pertaining to violence within the prisons, including physical, mental, and sexual violence. As discussed in the previous blog, these overcrowding issues come from the various legislations that were passed, increasing the lengths of sentences, criminalizing drug abuse and mental health issues (instead of treating them as medical issues requiring rehabilitation and treatment), and incorporating mandatory sentencing minimums and three-strikes laws. Along with identifying the concerns stated above, the report also deemed the penal system’s inadequate protection of its inmate population from harm, violence, and death, a failure. The report discussed at length how, along with unsanitary living conditions, there are dangerous weapons and drugs that are circulating within the prisons, making them unsafe for both the incarcerated people, as well as the officers who work there. This in turn is both caused by and exacerbated by the issues of overcrowding and understaffing within the prison walls. With fewer officers to supervise the dormitory-style prisons in Alabama, incarcerated people are packed together to fend for themselves.
While not all people locked up in prison are violent offenders, studies have shown that desperation, (which is rampant in these prisons), can lead to violence, distrust, and increased criminal behavior within the population. While the study referenced focused on populations outside of prisons, it is safe to assume that these results are only amplified within the prison system. The people within are both desperate and already undergoing punishment, which means that even the threat of punishment is not a deterrence from committing these violent acts. This also means that with fewer officers to supervise the dorms and halls of the prison, the overall violence within the prisons is increased, making it dangerous for the entire prison population.
As explained in both the report by the federal investigation, as well as the podcast by Mary Scott Hodgin, there were at least 11 men that died in 2019 alone due to the increase in violence within the Alabama prisons. To make matters worse, the federal investigation also found that the Alabama prison system’s record-keeping on these incidents and others was inaccurate, finding that there were many incidents that went unreported, and even many deaths misclassified as due to natural causes or medical reasons rather than due to the violence found within the prisons. If you count the total number of deaths within the inmate population in 2019 classified as natural causes or otherwise, the number is as high as 119 deaths.
An infographic providing statistics on mental health in the prison system. Source: Cabrini University via Yahoo Images Public Domain
In addition to the misclassifications and incidents not being reported, Hodgin also details in her podcast the inadequate mental health care offered to incarcerated individuals within Alabama’s prisons. This can lead to an escalation of violence, and abuse of drugs, and place incarcerated individuals dealing with mental health issues in dangerous situations. Without the proper medical attention required to treat these individuals with mental health illnesses, prisons can become a charged environment that can exacerbate their conditions, making them more vulnerable to both becoming victims of violence, as well as the perpetrators of the violent acts. Unfortunately, because people with mental health issues are four times more likely to be imprisoned instead of receiving treatment and care, many individuals in prison already enter the system without knowing how to follow social norms. This can put them in danger of being abused by officers and other imprisoned individuals alike, and without proper care, their conditions can become worse, and at times, can end in death, either at their own hands or at the hands of another.
Another major topic of concern addressed in the report is that sexual abuse and sexual violence. Sexual violence is rampant in Alabama’s prisons, and this issue is exacerbated by the understaffing issue present within these facilities. With fewer officers staffed to care for increasing numbers of imprisoned people, there is less monitoring and supervision taking place, creating a breeding ground for violence, both sexual and physical. Much of the sexual abuse either go unnoticed, or unreported by staff members, and while the victims can report these incidents too, many choose not to for fear of retaliation or feelings of shame. Their fear is not unsubstantiated, as many accounts have been provided in which sexual assaults took place in retaliation to the victim’s reporting of a previous sexual assault. In addition to the low staffing numbers, many of the facilities in Alabama are constructed in a dormitory style, meaning that imprisoned individuals are grouped into a big hall rather than individual cells. This can be challenging for clear visibility of each individual inside the prison and their whereabouts. At times, only one or two officers may be in charge of the entire unit, and sometimes, the incarcerated people go unsupervised.
Many incidents of sexual assault occur as a result of “drug debt”, where an incarcerated person owes another incarcerated person money for drugs or other contraband and does not pay. There have even been incidents where family members of people who are incarcerated have been extorted for money, with the threat of sexual violence against their imprisoned family member. Many victims of sexual abuse within the prisons also alleged that these instances occurred after the victims themselves were drugged or held at knifepoint. While much of this goes unnoticed by the prison staff, some reports that do manage to document these incidents have even labeled sexual assault as “homosexual acts” rather than nonconsensual sexual abuse. People who are incarcerated that belong to the LGBTQI+ community are even more vulnerable to sexual violence simply for their identity. Unfortunately, many of the officers in charge of ensuring that the prisons comply with the Prison Rape Elimination Act (PREA), are not even aware of who among their incarcerated population belongs to the LGBTQI+ community. The PREA flags the LGBTQI+ population as being most at risk for sexual crimes, and the PREA managers in the Alabama Department of Corrections are not fully complying with the standards set by the legislation.
After identifying and explaining the various issues the Department of Justice found within Alabama’s prison system, the report argued that these conditions violate the constitutional rights of the incarcerated people, and as such, provided some bare-minimum measures that Alabama should take immediately to avoid a federal takeover of the prisons. These remedies included addressing the issues of overcrowding and understaffing, the rampant violence (both physical and sexual), the access to contraband, and the living conditions within the facilities. In addition to these short-term measures, the report also suggested some long-term measures to implement, including – among a list of other things – better incentives to improve staffing issues, improved systems to track, record, and address issues of violence, and more regulation over prison conditions and treatment of the imprisoned population. Alabama closed down one prison after this report (Draper Correctional Center) and closed a particularly harmful “behavioral modification unit” or “hot bays”, (where incarcerated individuals are held as punishment for violence and drugs within the prison) at Bibb Correctional facility. While these closures were a good place to start, they should be in no way, the only solutions to the long list of problems outlined by the report following the federal investigation. Unfortunately, Alabama, as expressed in the report itself, has been “deliberately indifferent” to these situations, and as a result, experienced yet another investigation in 2020.
2020 Federal Investigation
An image of an overcrowded cell colored in red symbolizes prison violence. Source: ProPublica via Yahoo Images Public Domain
The 2020 report from the Department of Justice’s investigation into Alabama’s prisons found similar problems echoed in the 2017 investigation they conducted. As mentioned in the 2017 report, the 2020 report also addressed issues of overcrowding of prisoners, stating that all of Alabama’s 13 prisons held thousands of people over the capacity they were designed for, making Alabama’s prisons among the most overcrowded prisons in the nation. This report also referred to the dangers of not having adequate staff members to care for and run these overcrowded facilities, this time focusing on how these staffing and overcrowding issues have led to an increase in officers using excessive force against the incarcerated individuals, further aggravating the violence that exists within the prison walls. This issue of excessive force is further examined in the report, claiming it is a violation of the Eighth Amendment to the Constitution of the United States which outlaws cruel and unusual punishments against imprisoned people.
The 2020 report details the many reasons why officers use excessive force against people who are imprisoned. Unfortunately, many officers have been known to use violence and excessive force to “handle” a situation, even in times when there is no physical threat to the officer, and even when the incarcerated people are complying with the given orders. This has the tendency to escalate the situation, placing both the incarcerated individual and the officers in danger’s way. The report provides various examples of such incidents where the imprisoned people are reported to be complacent with the officers’ instructions, even handcuffed without ways to fight back, but have still been beaten, tortured, and abused inhumanely. These officers filed false incident reports claiming that they did not engage in such actions, and even after investigations of the incidents, the officers did not face any legal consequences or disciplinary actions for their behavior.
At times, excessive force is used by officers as a form of punishment or retribution for disrespecting the officers or reporting them. The 2020 report describes multiple incidents where excessive force was used against incarcerated people simply for not following the specific directions laid out by the officers. One incident includes an imprisoned person being physically abused and forced to eat all the leftover chicken for simply wanting some extra food. Other incidents outline the use of chemical sprays to punish incarcerated people or as a form of retribution for not following verbal orders. Chemicals sprays are used even in times when the imprisoned people do not pose any physical threats to the officers. Finally, many officers also use force to simply assert dominance and inflict pain on their charges, something that not only endangers the people involved (both officer and incarcerated individuals) but also causes the incarcerated individuals to distrust the officers in charge, escalating the tensions between the two groups.
All these incidents are violations of the eighth amendment, and while many of the investigations that these incidents resulted in agreed that there was no justification for the use of excessive force in any of these outlined incidents, the officers faced little to no disciplinary actions for their conduct. The Department of Justice also included this issue in their report, arguing that unsurprisingly, officers either fail to report or inaccurately report incidents where excessive force is used. Many times, excessive use of force is investigated internally and recommended for an I & I investigation (Investigations and Intelligence unit of the Alabama Department of Corrections in charge of investigating misconduct by prison staff). Unfortunately, the report declares that of all the incidents recommended to the I&I unit, only 40% of them are actually reviewed. To make matters worse, many of the cases that are investigated by the I&I unit, where excessive force has been confirmed, are seldom referred to be criminally prosecuted. This means that many of the officers abusing their authority and misbehaving with incarcerated individuals go unpunished for their conduct. Many more of the incidents where excessive force is used go unreported, with only the victim’s bruises to bear witness to the incident. For fear of retaliation, many imprisoned persons go without reporting the abuse they face at the hands of officers. If the victim does not cooperate in the investigation, the incident is deemed “unsubstantiated”, and the investigation is closed.
Following their investigation, the federal government proposed a list of measures that Alabama’s Department of Corrections needs to take in order to fully comply with federal regulations for correctional institutions. These immediate measures included the need for more I&I investigators, a better system for victims of abuse from officers using excessive force to report their incidents anonymously and independent of the prison’s authorities, clear procedures for accountability for officers, and better documentation and investigations of incidents where excessive force is used.
COVID-19 and Its Impact on the Prison Population
A cartoon depicting a prisoner digging with a shovel, with a caption underneath reading: “I’m not escaping. I’m just trying to get tested for Covid-19.” While this image was referencing the protocols followed by Mississippi prisons, this was essentially the same in Alabama’s prisons as well. Source: Mississippi Today via Yahoo Images Public Domain
In addition to these inhumane conditions the imprisoned population experience that violate the basic human rights of incarcerated people, the outbreak of Covid-19 greatly amplified this issue, and soon, the prisons became a contagious and deadly environment for both the prison staff and their charges. With little to no access to adequate healthcare and deteriorating mental health caused by the conditions of their environment, people who are incarcerated are especially vulnerable to disease outbreaks. On the national level, according to a study conducted in 2020 by the American Medical Association, people incarcerated were five times more likely than people living outside the prison system to be infected by the virus, and the death rates among prison populations were higher than the national average at the time. Making matters worse, due to conditions of overcrowding inside the prisons, the outbreak was especially dangerous, as incarcerated people were unable to adequately quarantine and unable to maintain safe social distance between each other. There was also the probability of prison staff bringing the virus into the prisons from the outside world, and also recirculating the contagion within the prisons back into the larger society. A UAB publication by the School of Public Health declared the prisons a “petri dish for COVID-19”.
To add to this problem, the prisons were notoriously unsanitary, meaning that preventative measures such as maintaining clean spaces and washing hands with anti-bacterial soaps, were impossible to maintain. Furthermore, understaffing issues complicated this situation, as those who were infected were either neglected until conditions were too bad to ignore, or they were provided with inadequate healthcare measures. In Alabama, a unique situation further complicated the negative consequences of the pandemic. A large portion of Alabama’s prison population belongs to the older age groups due to the strict and long sentencing laws of the state, and the fact that the pandemic was considered to be even more dangerous for elderly people further put people incarcerated within Alabama’s prisons in jeopardy. Access to healthcare within the prison system makes this issue life-threatening, and despite the urgency from the American Medical Association to include the prison population in the vulnerable communities list for vaccinations, the Equal Justice Initiative reported that Alabama’s prisons denied its incarcerated people vaccinations. While some prison staff received vaccines, they were not required by the state to be vaccinated to work in the prisons, continuing to place the lives of incarcerated individuals in peril. As a result of inadequate protective gear (such as masks), and negligent behavior on part of the state and the prison staff, the prisons in Alabama encountered a large number of Covid-19 deaths.
Alabama Prison Strikes
A group of people protesting prison conditions and calling for the protection of the rights of incarcerated people. Source: Occupy Oakland via Yahoo Images Public Domain
After living through the grave conditions of the pandemic, and witnessing the unchanging environment within the prisons, the incarcerated individuals decided it was time to take matters into their own hands. In September of 2022, incarcerated people from all of the 13 prisons in Alabama began striking against the prison conditions they endured. They argued that the prison system was violating their basic human rights, provided inadequate healthcare, and did not in any way prove to be a place of rehabilitation for the imprisoned population. Instead, they initiated a strike, refusing to work their prison jobs (such as in the laundry department and the maintenance department) that they did not receive compensation for, called for improvements in prison conditions, and demanded reforms to the harsh sentencing laws currently in effect in the state of Alabama.
While imprisoned persons are demanding to be treated fairly in prison, the governor of Alabama, Kay Ivey, insisted that the demands of the prison population were “just unreasonable,” maintaining that the new construction of the two mega prisons in Alabama would solve all these issues of understaffing and overcrowding. These mega prisons, built with the use of funds designated to the state for pandemic relief, (causing public debate on this controversial subject), are supposed to provide more space for the overcrowded prisons in Alabama, and reports have surfaced about the possibility of hiring more officers for the newer mega prisons. This project will receive a total of over $1.2 billion in funding, of which $400 million comes from the pandemic relief funds.
What is vital to include here is that while these two new prisons will provide more space to house incarcerated individuals, (up to 4,000 in each), these prisons are replacing existing prisons with newer technologies and facilities. While this may seem like an improvement in some prison conditions, (such as more security and cleaner, sanitary units), it does not solve issues of overcrowding or staffing issues. The massive budget awarded to this project, instead of going toward building two mega prisons, could have been used more wisely to address the core issues of society that increase crime and criminality within its community. In addition, certain legislation and reforms could have been passed to overturn the harsh sentencing laws that exist in Alabama today. This would have solved both the issues of overcrowding and understaffing, as with fewer people being incarcerated and more people qualifying for parole, the total amount of people within the system would decrease, which would also lead to a decrease in the number of incarcerated people the prison staff is responsible for. A decrease in the prison population would also lead to a decrease in violence and more space for each individual within the prison walls.
Existing Resources
An infographic depicting the difference between education and incarceration. Source: Yahoo Images via QEDfoundation.org
There are many organizations that have attempted to address both the various issues that incarcerated people face within the prison system and those face as they re-enter society after completing their sentences. These organizations include Alabama Appleseed, Offender Alumni Association, Shepherds Fold, One Roof, and Aid to Inmate Mothers. Alabama Appleseed, which belongs to the national Appleseed Network, is a Center for Law and Justice that focuses on equity and justice, and research around prison reforms in Alabama’s penal system. The Offender Alumni Association, recognizing the importance of human connection, focuses on providing support and engagement within the prison walls, and community and stronger familial relationships outside, all while aiming to end the stigma around imprisonment. This organization is a support system for incarcerated people run by people who have been formerly incarcerated and engage in community efforts such as their Heroes in the Hood program to help inspire meaningful goals within the younger generations of high-risk communities to channel their energy toward community restoration. Shepherds Fold, as a transition home, provides similar services from a faith-based approach, instilling Christian values within their participating members. One Roof, an organization whose mission is to end homelessness in Alabama, is yet another resource for people re-entering society after being incarcerated. Through their practice of Coordinated Entry, or an in-depth needs assessment, One Roof is able to secure housing for those in need and point them to additional resources they may require based on their assessment. This can be very helpful for many, especially those who have been incarcerated for decades long, and who may not be aware of what resources exist in the community, or how to go about securing them. Finally, Aid to Inmate Mothers (AIM) is an organization that provides assistance to mothers who are incarcerated, both during their incarceration, as well as their transition period into society after their sentences have been served. AIM provides transportation to children for visitations with their mothers in prison and provides incarcerated mothers opportunities to record bedtime stories for their children. Their reentry programs aim to reconnect mothers with their children, provide a few essentials for those leaving prison, provide classes on life skills, job preparedness, parenting, and other topics for those who are interested, and even provide transition housing for a year, though it comes with a few eligibility requirements, including rental fees charged weekly.
There are also educational opportunities that are provided for incarcerated people in Alabama’s prisons. The Alabama Prison Arts and Education Project led by Auburn University, and the Donaldson Lecture Series led by the University of Alabama at Birmingham (UAB) are only two such programs. The Alabama Prison Arts and Education Project provides incarcerated individuals a chance to earn college credits while serving time. These courses are offered in the field of arts and sciences, and for those who can keep up with the standards of Auburn’s academic programs, this is a great opportunity for incarcerated individuals to pursue higher education, and as a result, be better equipped to handle the professional world upon their release. Similarly, UAB also offers lecture series at Donaldson Prison. While not as extensive or academically progressive as Auburn’s program, the Donaldson Lecture Series focuses on educational talks given to incarcerated individuals within the prison every other Tuesday for academic enrichment purposes.
Shifting the Mindset Around Crime and Punishment
An image of solidarity in favor of Prisoner Rights; Source: Yahoo Images Public Domain via Racism.org
These resources are well-intentioned and have helped save so many lives to date. Yet, this is not enough; there is a much-needed shift in the societal mindset around crime and punishment. The issue of the prison system is rooted in the racist founding of this nation, and as such, has systemic implications on various areas of a person’s life. Reforms can only go so far, as they are still pieces of legislation that try to make changes to the existing laws, but they still operate under those same laws. There needs to be a shift in the way incarcerated people are viewed within the larger society, and there needs to be a reexamination of the laws on the books since most of the institutions in America are rooted in beliefs of supremacy. Some things that can help us rethink the way we approach topics that involve imprisoned people are suggested below.
As explained earlier, changing the language around how people in prison are talked about can humanize the population and foster compassion towards the group. Refer to them as imprisoned persons or people in prison rather than branding them the title of “prisoner” or “inmate”. This helps shift the narrative. “Prisoner” or “Inmate” seems to imply that these individuals are criminals at the core, and brands them as “others” in the eyes of society. Instead, referring to them as “imprisoned people” implies they are human, with natural rights, and only living in a condition of imprisonment rather than being defined by their conditions.
Finally, I leave you with a challenge: rethink how crime and punishment are framed in our society. Who is held accountable? Who isn’t? What acts are considered criminal and what aren’t? Who decides which acts to define as criminal and which ones do not? Who benefits from the current criminal “justice” system? Does committing a crime make you a bad person, a “criminal” for the rest of your life, or should you be given another chance to reform? Should people be branded innately “criminal” or are their actions influenced by the conditions of the society they live in and dependent on the context and motivations behind the crime committed? Is it fair to punish someone based on actions (mistakes yes, but still actions) committed as young people for the rest of their lives? Why is it that our society places the label “criminals” on people who commit crimes, but refuses to see them as anything else? People can be “criminals” and still be artists, musicians, poets, writers, activists, metal workers, etc. Why does our society insist on placing a singular label on this population? Could it be to easily forget their existence, to remove humanity from their essence? All these are necessary questions to ask ourselves to understand our own biases towards imprisoned people and began to rethink our own actions that can have long-lasting consequences on the lives of so many. After all, this prison crisis is happening in our own backyard, and if we do not speak out against these atrocities, we are just as guilty as those committing them.
Source: Free Alabama Movement through Yahoo Images; An image of an inmate wearing a uniform with the inscription, “Alabama Dept. of Corrections.”
WBHM, the publicly sponsored NPR affiliate located in Birmingham, Alabama, published a podcast this year, focusing on the atrocious realities of prisons in Alabama. Titled, “Deliberate Indifference,” the host, Mary Scott Hodgin, takes the listeners through an in-depth journey of the correctional facilities in Alabama, trying to better understand the root causes of the realities the people behind bars face on a daily basis. A health and science writer for the WBHM since 2018, Mary Scott Hodgin has been researching this crisis that Alabama prisons have been facing since 2019. The resulting masterpiece is her podcast, “Deliberate Indifference.”
This blog will highlight some of the themes the limited series focused on, and because this topic is very nuanced, I would not be able to do justice to this discussion in one blog. Hence, this will be a two-part series, where the first part focuses on the background of the prison system as a whole, and the historical context of Alabama’s prison system. The second part will focus on the human rights violations happening in Alabama’s prisons today, including the human rights violations existing in Alabama’s prisons today and the past, and how one can ensure that prisoners are treated with dignity and respect.
I strongly recommend that you please check out the podcast if you have not already because there are many details that I may not be able to get to in this blog or the next one that is worth knowing about. After all, this story is one close to home, and the first step towards finding a solution is having knowledge of the problem at hand. With that being said, let us dive in.
The Origins of the Prison Systems in the Southern States of America
Alabama prisons are recently under federal investigation for the increased violence and sexual assaults that have been rampant for years. This is not the first time the state’s penal system has been under investigation by the federal government. In 2017, Alabama prisons were under federal investigation for the inadequate mental health care offered to the inmates. Before focusing on the details of the prison system, some background information is necessary to fully comprehend how the system got to the place they are in right now. In the podcast, after interviewing various experts on the subject, Hodgin speaks at length about the history of prisons in Alabama. In the 1970s, following a class action lawsuit on the conditions of the prisons in Alabama, Frank Johnson, a federal judge ruled a federal takeover of the Alabama prison system until conditions improved.
Source: Yahoo Images; An image of what the convict leasing system looked like. Prisoners worked day and night on railroads, coal mines, farms, and other places.
As reported in “Deliberate Indifference”, Wayne Flint, a retired Auburn history professor insists that the history of Alabama’s prison system goes further back, starting with the Antebellum era. Flint observes that there were two cultures during that era in the South–a frontier culture and a plantation culture. The frontier culture was only available for people considered “white,” and settlements were disputed with violence. The plantation culture, which was mostly meant for African Americans (who were set free after centuries of slavery following the Union’s victory in the Civil War), focused on the question, “How do you control freedmen?” This was made possible by the loophole included in the 13th Amendment to the Constitution, which outlawed slavery with the exception of imprisoned populations. This meant that new laws …
New laws were created, targeting African Americans, making it possible to arrest and imprison them. These new laws, known as the Black Codes, were obnoxious, to put it kindly, and very racially inspired. The Black Codes included broad vagrancy laws, meaning that any person caught unemployed, begging, or unhoused (to name a few) would be put into prison.
Of course, though there were many white people dealing with poverty at the time, the only ones imprisoned for this were African Americans. Additionally, during the Reconstruction Era, following the defeat of the Confederacy, the Southern states were struggling to rebuild their society and economy. They required cheap labor, and people willing to work long, grueling hours. All this was true at a time when Southerners were not ready to integrate with the then newly freed African Americans and did not want them to have any political power to fight the oppressive conditions they dealt with. Before the Civil War, Flint points out that the majority of people imprisoned, (99%), were White; after the war, Alabama’s prison population was made up mostly of African Americans, (90%).
The Private Sector Benefits from the Prison System
Sources: Kala Bhattar; Sloss Furnaces, the steel company in Birmingham, Alabama, has even acknowledged the company’s history of using convict leasing.
One proposed “solution” to this supposed issue was the convict leasing system. African Americans were arrested for petty crimes, placed in prison, and forced to work with little to no compensation. Due to their incarceration, the inmates’ official records denied them the right to vote. This meant that not only did these states plunge the freed people back into a form of slavery, but they also managed to take away their political power, even after they had served time. Alabama was a state that indulged in this practice. The state did not want to raise taxes, but housing incarcerated people cost the state money. Their solution was to lend prisoners to private companies which paid the state to use the prisoners’ labor; the companies did not pay the prisoners, though, in any form of compensation.
This system became extremely profitable, especially during the Industrial Revolution, which required physical labor. This is how the mining town of Brookside, Alabama grew, and this is the system employed at the famous steel company, Sloss Furnaces in Birmingham. The conditions in which they worked were atrocious during the day, and prisoners were chained to the beds they slept in at night. This system required them to work many days underground with no protection and very little sustenance. Although there were both Black and White prisoners leased under this system, the Black prisoners were treated far worse than their White counterparts. Both Black and White prisoners, if they refused to work, would be beaten, abused, refused access to basic needs, and even could be denied parole. Prisoners were violently abused for any wrongdoings and because much of the public had no knowledge of these activities, the prisoners became an invisible population and were forgotten about.
That was until 1924 when a white prisoner by the name of James Knox was murdered by being dropped into a vat of boiling water for working too slowly. This incident took place in Birmingham, Alabama. Initially, it was reported that Knox’s death was a suicide or an accident. An investigation later revealed not only was James Knox’s death a deliberate act of punishment but also that, following his death, Knox was injected with poison to artificially indicate a suicidal or accidental death.
While this incident is certainly not the only incident that has ever occurred, nor is it the most heinous, this incident, along with other similar incidents where the victim was white, brought attention to the issue of prisoner abuse, and helped put an end to much of the convict leasing, at least leasing to private companies. Unfortunately, the use of convict leasing continued to take place in Alabama and other places even after this case was ruled, but inmates were to be used only for government projects like working on highways and working on farms and cattle ranches. One piece of good news is that in 2022, Alabama voters, along with four other states, voted to close the loophole in the 13th amendment, calling for the state to stop forcing prisoners to work for free. Many other states have shown interest in following this momentum.
The First Time Alabama’s Prisons Experienced a Federal Takeover
Source: Wikipedia through Yahoo Images; An image of George Wallace, who was governor at the time of the 1970s federal investigation of conditions at Alabama’s prisons.
In the 1970s, lawsuits were filed against the state of Alabama, the State Department of Corrections, and the governor at the time, George Wallace. Upon further examination of the prisons’ conditions in Alabama, the courts ruled that Alabama prisons were functioning under inhumane conditions and authorized the federal government to step in to address the issues they found in the prisons. There was extreme violence and human rights abuses, and Judge Johnson declared that if Alabama prisons did not comply with his rulings, he would have several of the prisons closed.
Judge Johnson argued that “A state is not at liberty to afford its citizens only those constitutional rights which fit comfortably within its budget.” Judge Johnson provided details on what was expected to change, including improvements in educational opportunities, employment opportunities (with pay), better medical care, sufficient meals, and more space for each imprisoned individual. Governor Wallace, however, denied that there was any problem with Alabama’s prison systems, argued that the involvement of the federal government was an overreach that jeopardized states’ rights, and insisted that this approach by the federal government was disrespectful to the victims of crimes. Unfortunately, Judge Johnson did not see the case to the end; he accepted a higher position, passing on his work to his successor, and in 1988, the federal government ended its oversight of the Alabama prisons.
An unsettling reality becomes clear when comparing the most recent findings and the findings outlined by Judge Johnson – both reports are unnervingly similar, meaning that not much has changed since then. In fact, the issues outlined by Judge Johnson in the 1970s have only exacerbated as the prison population continues to grow, both in Alabama and in America as a whole.
The Racialized Prison System and Its Impacts
Source: Yahoo Images; The image is titled, “The Self-Fulfilling Sentencing Cycle”, between lobby groups, politicians, the justice system, and prisons.
The main issue that Hodgin consistently points out in reference to Alabama’s prisons is the overcrowding of prisoners. This issue leads to an entire range of other issues within the prison system, which will be discussed at length in the next blog. For now, the focus is primarily on how this overcrowding issue emerged in the first place.
Richard Nixon introduced his idea to wage a “War on Drugs” during the 1970s, with the intention of imprisonment for addicts rather than medical attention and/or treatment. His war had intended targets from the beginning. In an interview conducted years later, Nixon’s own aide stated that their real targets were the leftists who were against the Vietnam War and African Americans in general, but blatantly targeting them would have been constitutionally impossible. Therefore, the War on Drugs was a way for Nixon’s administration to associate marijuana with the leftist “hippies” and heroine with African Americans to disrupt their communities and arrest their leaders. Even though both the white population and black and brown populations used similar amounts of drugs, black and brown communities were disproportionately targeted and imprisoned. Hence, the unequal War on Drugs was implemented, driving up the number of people incarcerated for nonviolent crimes like possessing marijuana and heroin. This contributed massively to the increase in prison populations nationwide, including in Alabama, and this practice has continued to exist to this day, over fifty years since its implementation.
Additionally, while waging his War on Drugs, Nixon also insisted that we must be “Tough on Crimes” in order to justify his war. This approach called for longer sentencing, (even for nonviolent crimes), harsher punishments, mandatory minimums set for certain crimes, and three-strikes rules, all in an attempt to lower crime rates in the nation. The mandatory minimums set mandatory sentencing years for certain crimes, such as drug possession, giving the judges less flexibility to sentence on a case-by-case basis. The three-strikes law, or the habitual felony offender act, (the one in Alabama was passed in 1977 but other states have similar laws in place), sentenced a person to life in prison without parole after their third offense, whether their offenses are violent or nonviolent. The War on Drugs, the tough-on-crime initiative, and the various sentencing laws that followed this era exacerbated the overcrowding of prison populations, including in Alabama.
Nixon’s successor, Ronald Reagan continued Nixon’s War on Drugs, and his wife, Nancy Reagan, started the DARE campaign to teach students across the nation to “Say No to Drugs.” In an attempt to fearmonger the public to support the war on drugs and the tougher sentencing laws, the media played a big role in framing the issue of crime to be a result of increased drug use, a misleading fact that has yet to be proven. In fact, many studies today show that wherever there are high levels of poverty, there will also be an increase in crime rates.
With all this being said, there has been a growing movement in Alabama from both the Republicans and Democrats, to repeal the Habitual Felony Offender Act, citing the overcrowding issues and sentencing that doesn’t fit the crime. The House Judiciary Committee of Alabama approved this repeal in 2021, and the legislation was set to be voted on by the full House. After much research and various combinations of google searches, I found out that the repeal was halted on April 7th of 2022, labeled “dead/failed/vetoed” on the bill tracker website. While this is not the best news, by spreading more awareness of the impact this single piece of legislation has had on many lives in the state, there is hope that with increased support, it may pass in the future. However, this alone will not be enough to address the issues facing Alabama prisons.
In the upcoming blog, we will focus on the prison conditions, details of the 2017 reports and 2020 reports, how the pandemic has exacerbated these issues, and some ways to move forward. In the meantime, listen to “Deliberate Indifference” by Mary Scott Hodgin, and stay tuned for the next part of this series.
Source: Photo by NASA found on Public Domain on Yahoo Images; An image from space of what a hurricane looks like, especially in its size and severity.
Hurricanes have been a natural disaster that Americans have been aware of for quite a while. They are, however, getting to be more frequent, and unfortunately more intense. They have devastated communities like New Orleans after Hurricane Katrina, the Caribbeans after Hurricane Sandy, and even Puerto Rico five years ago as a result of Hurricane Maria. Well, how do Hurricanes happen in the first place, why are they so damaging, and what is contributing to their intensity and frequency today? Hurricanes generally form over oceanic waters, when the warmth from the ocean water, paired with vertical winds, and the cool, moist air coming from surrounding areas come together in a dangerous mix. The warm water and the moisture in the air combine with the cool air, sucking in the air, and releasing it into the moisture, which then forms rain clouds and thunderstorms, with high winds that perpetuate the cycle. This impressive natural disaster is a powerful one, with wind speeds reaching over 70 mph, and can conduct enough electricity to power the world a few hundred times over.
The El Niño and La Niña
Source: Yahoo Images; an image showcasing how the heavy winds can uproot trees and blow ocean water inland, flooding the communities the storm impacts
While hurricanes are powerful by themselves, certain occurrences in the environment can impact their severity and frequency. Among these factors are the phenomenon known as El Niño and La Niña, where the normal patterns of the climate are disrupted, impacting trade routes, regional weather systems, and the ecosystem as a whole. These phenomena also impact the hurricane seasons, including where they may impact, and how intense they may be. Under the El Niño conditions, hurricanes are experienced largely in the central and eastern Pacific regions, while during the La Niña, effects are felt in the Atlantic region near Florida and Puerto Rico. Typically, La Niña conditions may mean the possibility of more hurricanes, because the winds during the La Niña are more stable, (as opposed to the sudden changes in wind direction or severity), leaving the storm in better conditions to expand and develop.
Economically speaking, these developments can also impact international trade. Some hurricane seasons are so deadly, many trade routes near the path of the hurricanes are filled with docking spaces for vessels to take shelter during storms. Many companies are taking massive risks moving products during these storms, as their goods can get destroyed by the storm, or get lost in the sea due to changing winds and intensity of the storm. This could prove costly for both businesses and consumers, especially adding to the stress of the already existing supply chain crisis.
Hurricanes and the Danger to Human Lives
Source: Yahoo Images; An image of how dirty and contaminated the stormwater can be. This is harmful to use and consume, and special precautions need to be taken before handling the stormwater.
As intimidating and incredible as hurricanes sound, they also come with many health hazards and massively disrupt the way of life for the communities impacted by them. For one, hurricanes bring with them massive storms and high winds, oftentimes killing many people from their impact. If people manage to shelter from the storms, the resulting floods from the heavy rains can claim homes, properties, pets, and lives, as people struggle to literally, stay afloat. Even as this goes on, the community’s infrastructure is attacked, including roads, bridges, the power grid, and the water supply, as well as institutions such as banks, hospitals, and universities, to name a few.
Many of these institutions and infrastructure are essential for survival, meaning that people may remain stranded or stuck in a part of the region deemed dangerous simply because they no longer have access to travel across the roads and bridges the storm claimed. This also means that people of the impacted communities have to deal with the wet, cold temperatures while not having access to power or heat. Having no access to banks and hospitals means that you may not be able to withdraw much-needed funds or go to the hospital because it’s flooded or their equipment can no longer be used. Add onto this the issue of water supply, then suddenly the impact of the storm produces a failing society. These are issues that may take weeks or months even, to fix and get back to “normal” conditions.
Hurricanes are especially damaging because they bring in strong storm surges, which are walls of ocean water pushed onto shore because of the high winds, both of which are powerful enough to knock buildings over and destroy the standing infrastructures. Hurricanes can also cause storm waters, which are runoffs with contaminants that are picked up by the storm along the way, and which can include sediments, debris, fertilizers, fuels, and even sewage from nearby sewage infrastructures that have been damaged.
This can be dangerous to use and consume, and many official statements are posted following hurricanes urging people not to consume these waters, and the best practices to employ to decontaminate the waters before use. Hurricanes simply existing are majorly impacting people’s right to movement, freedom, safety, life, clean water, and so many more basic necessities. However, there is also an added layer of racism in this mix, mainly in areas of how hurricanes from different regions are responded to, the consequences of climate change, and how this continues to expand the developmental gap between nations of the Global North and the Global South.
Hurricanes, Climate Change, and Double Standards?
Source: Yahoo Images; An image depicting the realities of the aftermath of a hurricane or tropical storm. Many communities are flooded, with people facing homelessness, and many resources are unavailable due to the destruction caused by the storm.
Unfortunately, the growing severity of the storms means that the communities impacted by them are having to not only brace against the storms but build their infrastructures to withstand the next round of storms. With the frequency of storms increasing, this also means that instead of a once-in-a-lifetime storm, these communities are experiencing storms of similar intensities every few years. Hurricanes form under conditions of warm water mixing with moisture and vertical winds, so the rising ocean temperatures (resulting from global warming) are naturally going to lead to conditions where hurricanes are more probable.
Among other things, climate change can impact not only intensify the storms, and the resulting consequences from them, that these communities deal with on a seasonal basis but also lead to the rising sea and ocean levels that will submerge many communities under water within the near future if climate change is left unaddressed. This will also contribute to the many other issues that will come out of climate change’s intensity, including the increasing number of climate refugees, the expanding food shortages, and the many conflicts that experts say will break out as a result of boundary disputes.
To make matters worse, although the storms do not discriminate where they make landfall, the responses to the storms have been different depending on the storm’s target. This was very clear in how the media and many Americans reacted to the two hurricanes that hit Florida and Puerto Rico within less than a couple of weeks of each other. Despite both regions being part of the United States, (Puerto Rico is a U.S. territory), Florida received more assistance and coverage when Hurricane Ian made landfall than Puerto Rico did following Hurricane Fiona. Fiona’s destruction was in addition to Puerto Rico’s recent recovery from Hurricane Maria’s impacts only five years ago. The Federal Emergency Management Agency (FEMA), which is the government’s response to natural disasters, awarded Puerto Rico $456 million following the destruction of Hurricane Fiona. This may seem like a lot, but FEMA awarded $1.2 billion to Florida in response to Hurricane Ian’s impacts.
Although the efforts of FEMA in response to Hurricane Fiona are considered by many to be an improvement from their responses during the aftermath of Hurricane Maria five years ago, the island of Puerto Rico continues to struggle with poor infrastructure and dwindling supplies. While it is fantastic that such support was given to Floridians struggling with the aftermath of Hurricane Ian, many of whom are people in the elderly age demographic, Puerto Ricans are terrified that their struggles will be brushed aside to make room for Florida’s recovery from Hurricane Ian. President Biden has promised that this will not be the case, and on his visit to Puerto Rico in early October, has even promised additional funds for their recovery endeavors. This funding, however, (a proposal of $60 million), is still nowhere near the required funds to rebuild an entire society for the second time within a decade.
Source: Yahoo Images; As sea levels begin to rise, more and more places are going to experience extreme weather, and many places will go underwater by the year 2030 if climate change is not addressed properly.
Additionally, although climate change is a global phenomenon, many of the communities impacted by it are those who are already experiencing marginalization, and this adds another layer to the climate crisis. There have been cries about how climate change is anthropogenic, (meaning it is an impact of human activities), and how the industrialized West has been contributing to climate change for centuries while the developing nations are experiencing the consequences of the activities of the industrialized West. This inequitable reality not only transfers the consequences of the West’s actions but also, the increase in climate awareness and environmental consciousness are used as arguments to prevent developing nations from using the same type of infrastructures required to compete with the economies of the industrialized West effectively and efficiently.
While this sentiment is definitely understandable, the push should be toward shifting policies to develop green infrastructures and help these nations transform their energy to incorporate renewable resources instead of chastising them for trying to develop their societies using the same techniques used by the West that brought the world to this stage in the first place. Blaming the developing nations while the industrialized ones continue to pollute is both hypocritical, and further destabilizes the economies of the developing nations, perpetuating the cycle of exploitation and the following lack of accountability that was founded and perfected during colonial times. When addressing climate change issues, these are some nuances to keep in mind; if climate policies are passed without considering the inequalities between how climate change impacts the developing nations differently than the industrialized nations, the wealth and inequality gap will continue to increase between the Global South and Global North.
Finally, with the increasing severity of hurricanes and the rising sea levels due to climate change, many cities around the world would be underwater as soon as 2030. These cities include Venice, Italy; Kolkata, India; Basra, Iraq; Bangkok, Thailand; Ho Chi Minh City, Vietnam; and even several cities in the US, including Miami, Florida, and New Orleans, Louisiana. This will take with it the homes of the people who live there, and the immense history that can be found in these places today. It will instead plunge many people into food insecurity, forcing many to become climate refugees and increasing hostilities between the members of these communities and their inland counterparts to fight for survival.
So, What Can Be Done?
Source: Yahoo Images; This infographic expands on five types of renewable sources that can be used in place of the fossil fuels used today. These include solar, wind, biofuel, hydropower, and geothermal energy sources.
With the increasing severity of hurricanes, added to the ongoing climate crisis, many people around the world are experiencing both the worst and unfortunately the mildest (when compared to future possibilities of the climate crisis) impacts from these natural disasters. One of the many things that can be done on a global level is to continue to pressure every nation to convert their energy systems to support renewable resources and shift away from the fossil fuels that continue to exacerbate the climate crisis. This includes shifting away from oil, coal, and carbon, to incorporating solar, wind, and hydro-powered energy systems. Countries can implement green infrastructure and slowly attempt to return the environment to pre-pollution levels, (which may take hundreds of years to accomplish if started now).
At the domestic level, climate protections can be added, expanding the overall number of protected lands, and making acts such as deforestation and pollution illegal. Additionally, industries that impact the environment can be regulated for their business practices and their carbon footprints, and industries that use water systems can be further regulated for their practices of waste disposal, making sure the waterways are not polluted by their use of the resources. Furthermore, great effort needs to be taken to ensure that communities most impacted by climate change are included in conversations about policies and aid. Finally, on a more personal level, becoming more knowledgeable about the climate, and educating yourself and others to be more environmentally conscious can help shift the societal mind frame, resulting in the push for better policies addressing climate change as a whole.
Source: Wikimedia commons found on Yahoo Images; An image of Ellis Island, the place of entry for many immigrants wishing to enter into America
The issue of immigration in America is one that is divided on so many fronts, and recognizing this division, political leaders have exploited the public’s conflicting views to push their own political agendas. Immigration has a rich history in this nation, and unfortunately, America has had a very unequal approach to how immigrants are treated. While some immigrants, (including many from Western nations) are treated with great respect and dignity, many of the immigrants that come from Central American nations, African nations, or Asian nations are portrayed by many political leaders in the United States as “criminal” or “coming to the US to steal our jobs.” This has been a tactic used historically since the founding of this nation, and it has led to the racial hierarchy that functions in America to this day. Even today, there have been comparisons drafted between Ukrainian refugees and how they are received versus how refugees from Palestine are treated. Ukrainian immigrants were accepted fully without any concern for space, funding, or any of the other arguments that come up in regard to immigration. Palestinian immigrants, who have been struggling with a similar situation as Ukraine, (where another nation has invaded their own nation, claiming property and lives in the process), continue to deal with political attacks and discrimination simply for being Palestinian immigrants. (For more on how countries value immigrants from different nations differently, read a recent post by my colleague Danah Dibb). This discrimination is also present in how immigrants from Central America are treated, including the fact that children are still being held at the border in inhumane conditions separated from their parents.
Additionally, immigrants have been a source of cheap labor for industries since the founding of America. At first, there were indentured servants and slaves that helped build the economic success of America early on. Yet, after slavery was abolished and indentured servitude was outlawed, industries faced a new challenge to find cheap sources of labor to maintain their profit margins without sacrificing their productivity levels. This has led to industries using the modern-day prison industrial complex, (which has evolved slavery and indentured servitude into a legal process), or outsourcing jobs to other poor nations to be able to exploit laborers for their own benefit. Yet, another way that industries have aimed to address their cheap labor needs is through the employment of immigrants, mainly undocumented immigrants who are not protected under American labor laws, and as such, industries can (and do) exploit their labor without any regulations or transparency in the process. Even the process for naturalization and legalization for immigrants is purposefully long and difficult, forcing immigrants to still pay taxes, without receiving any benefits that documented immigrants would receive. Despite the misconceptions of many Americans, immigrants do not take away jobs from the American public; they take on jobs that are generally avoided by most Americans. Also, contrary to the American myth that immigrants are “criminals,” the immigrant population is more rule-abiding than most U.S. citizens. All these facts are relevant to frame the political landscape for immigrants in America. This historical context is necessary for comprehending the full reality of the political stunts that occurred recently in regard to immigrants.
A Bit of Background on Human Trafficking
Source: Yahoo Images; An image of a person in distress made up of multiple words and phrases relating to human trafficking. These are just some of the realities people who are trafficked face
So, what is human trafficking, and what does it have anything to do with immigrants? Let’s begin with the first question, focusing on what it is, the federal laws on human trafficking as well as international and human rights laws that protect people from being trafficked. Human trafficking is the sale and purchase of human beings for the single reason of exploitation, whether it be for the victims’ labor, or for sexual manipulation. According to the human trafficking institute, over 24 million people worldwide are trafficked, of which 20 million are trafficked for labor-related issues, and another 4.8 million are exploited for the sex industry. These victims of trafficking are comprised of men, women, and children, from various nations, and from any and all age groups. Just looking at the numbers for America, it is estimated that around 14,000-17,000 people are trafficked into the United States. This does not even include the people that are trafficked within the borders, and this estimate is based on reported findings, which means that many people being exploited that have not been reported are not included in this statistic. Of course, as it is with any other issue, the more marginalized the group of people being targeted, the more vulnerable they are to being trafficked. Among other fields such as the sex industry, some of the most popular industries that employ people who are trafficked are the agricultural, manufacturing, domestic, and construction industries, which benefit from the cheap labor force. Victims are coerced into being trafficked through a variety of ways, including the threat of physical and psychological abuse to themselves or their family members (which can include sexual abuse, deprivation of food and sleep, as well as shaming and isolating victims from their family members). Traffickers also abuse the legal system to confuse or manipulate the victims, such as withholding their passports or documents and forcing them to comply with the trafficker’s rules. Immigrants and refugees are especially vulnerable, because they come from another nation, and most of the time, don’t speak the language of the country they are exploited to, are not familiar with that country’s laws, and are also threatened with deportation back to the country they escaped from fearing for their lives.
What protection do people have under the law against being trafficked?
Source: Yahoo Images; The Universal Declaration of Human Rights details in Article 4, that all persons are protected from being trafficked, forced into labor, or other forced actions.
Under most nations’ laws, human trafficking is a heinous crime that can result in serious punishment for those who participate in criminal activity. Protected by the Universal Declaration of Human Rights (UDHR) under Article 4,slavery and forced labor are prohibited. States that have ratified the UDHR are under a bounded obligation to protect the rights outlined in the UDHR. The United States has only selectively ratified the rights outlined by the UDHR, and as such, any issues of accountability they might face for any violations of the UDHR can become complicated. The United States does have its own laws against human trafficking, and according to the American state department, they have made it one of their policy priorities. One such legislation passed in 2000 to address this issue was the Trafficking Victims Protection Act, which put into place an updated legal framework that focused on the protection, prevention, and prosecution of human trafficking. Additionally, to better define who falls under the victimhood of trafficked individuals, the A-M-P model was proposed, focusing on the Action, (how the trafficker approached the victims), Means, (what strategies the trafficker employed, mainly force, fraud, or coercion), and the Purpose (for sexual exploitation or labor exploitation) for the trafficking of individuals. This framework helped the legal system better understand not only how the people were trafficked, but also defined the why. With all this being said, let us now move on to the issue of two political leaders, Ron DeSantis of Florida, and Gregg Abbot of Texas, who engaged in the trafficking of migrants across state borders to stage political stunts, in the process of uprooting the lives of many vulnerable immigrants.
Case of Greg Abbot and Ron DeSantis Transporting Migrants Across States
Source: Yahoo Images; An image of migrant workers in the field. Many of the immigrants who were trafficked by Abbott and DeSantis were coerced, with false promises of new opportunities.
The Republican governor of Texas, Greg Abbot, in an attempt to make a political statement regarding the United States immigration policies, began loading up busses full of migrants he picked up at the US-Mexico border to then be transported to the houses of his party’s opponents, such as Vice President Kamala Harris. He also proceeded to send busses into cities that are led by Democrats, such as Chicago, Washington D.C., and New York City, arguing that the borders were not secure enough and that the United States allowed too many immigrants into the country. While this argument is far from the actual truth, Abbot is not the only political leader spouting this hateful rhetoric. The cruel tactics that were used were originally made popular by former president Donald Trump in 2019, who envisioned a much more sinister approach to collect all the “rapists and criminals” and “bus and dump” them in blue states to stoke fears against immigrants. The trafficking of migrants has been put into practice many times since then, by political leaders from his own party acting on the former president’s ideas.
Similarly, the Republican governor of Florida, Ron DeSantis, also put into practice Trump’s “bus and dump” tactic but using a private plane this time, to fly migrants to Massachusetts, a state he claims is a “sanctuary state,” (which means these states or cities have an understood policy, whether written or unwritten, to protect the reporting of immigrants and their status to law enforcement, unless the individual is under investigation for a serious crime). In this latest stunt pulled by DeSantis, with the help of an individual identified as “Perla” (Perla Huerta, who is said to be a former counterintelligence agent for the US Army in Afghanistan and Iraq), rounded up 48 migrants in San Antonio, Texas, mostly from Venezuela, and lured them under false pretenses of new opportunities of employment and survival, to board the flight that landed in Martha’s Vineyard. These migrants were handed brochures that came from the Massachusetts Refugee Benefits center (which was made up), and had presented information on the pamphlet which they had copied from the real office for immigration services, Massachusetts Office of Refugee and Immigrants (who had no idea about any of these events). This brochure included “benefits” that the migrants were wrongly led to believe they would be eligible to receive and were flown to Martha’s Vineyard in Massachusetts. These benefits included promises of eligibility to receive up to eight months of cash assistance, housing assistance, food, clothing, and transportation assistance, and even help with childcare and education. Not knowing that these were only eligible for documented immigrants that had already been granted asylum, many of the Venezuelan asylum seekers (who had not been granted asylum by the United States) were misinformed and manipulated.
So, what happened to the migrants in both these cases?
Source: Marty Graham via Yahoo Images; An image of a community coming together to help with the medical needs of the migrant population
Despite the belief by both Abbot and DeSantis that these migrants would not be well-received, the people from the cities where the migrants were dropped off took it upon themselves to ensure that the migrants had adequate food and shelter arrangements as the issues of what to do moving forward were being decided upon. Chicago, one of the cities which received the waves of migrants sent by Governor Abbot, went out of its way to ensure that the migrants’ needs are being met and that they receive the medical care and legal advice they need as they await their fates. Similarly, in Massachusetts, Governor DeSantis’s plan was to drop the migrants off at the foot of a community center and they were told to knock to receive help. No one knew what was happening, but the entire community around Martha’s Vineyard came together to help feed and clothe the migrants. The 48 migrants later ended up at the military base in Cape Cod, using the military’s empty barracks for places to sleep.
If the actions of governors DeSantis and Abbot are run through the A-M-P model discussed earlier, the purpose of these stunts would be the only aspect that might be hard to judge from a legal perspective. The actions the two governors took would clearly fall under the transporting criteria of the first step, and their means would include both fraudulence and coercion for the second step. Although their purpose was of a political nature, they still rounded up migrants through fraudulent means to be migrated forcefully out of their current residence, without a proper place to be sheltered and provided for. While DeSantis dropped the migrants off at Martha’s Vineyard and forced the people there to deal with the aftermath, Abbot transported the migrants to the doorstep of the houses of his party’s political opponents. These actions, if committed by someone, not in a position of political power, would have led to the person facing severe legal repercussions. Yet the two governors have doubled down on their actions, proudly taking responsibility for the stunts, and Abbot even promises that more migrants are on their way, implying that he is not yet finished.
Update: Migrants file lawsuit against DeSantis
United States Supreme Court Building, Washington, D.C. Original image from Carol M. Highsmith’s America, Library of Congress collection. Digitally enhanced by rawpixel. Source: found via Yahoo Images Public Domain
Still, DeSantis might face some form of accountability for his actions, as the 48 migrants he flew to Martha’s Vineyard have filed a civil lawsuit against him, claiming that in the process, he violated the fourth and fourteenth amendments as well as many federal laws. The attorneys, on behalf of the migrants filing the lawsuit, are calling on DeSantis to be banned from repeating this political stunt again and are asking for DeSantis to pay for the damages caused to the migrants as a result of his actions. DeSantis came out protesting this accusation, claiming that his actions were legal because he had obtained signed consent forms from all the migrants who boarded that plane. He also alleged that this was not an act of coercion but that the migrants willingly took the journey to Martha’s Vineyard. However, most of the migrants claim they did not know where they were being taken to, only that they were promised good employment opportunities and a chance at a better lifestyle. Many of the migrants that were coerced into getting on the plane did not even speak or understand English. Additionally, there have been updates provided that the funds for these political stunts pulled by DeSantis came from public, tax-payer funds, meaning that this is also a case of misappropriation of state funds. Some legal experts are even proposing that these political stunts can be categorized as “kidnapping” because the victims were moved from one place to another without knowledge about where their destination was going to be. We will have to wait and see how this lawsuit plays out, mainly on the issue of whether there will be any accountability for people in positions of political power.
What now?
So, while we await the final verdict from the courts, what can be done to ensure this doesn’t happen again? For one, we could put immense public pressure on the two political leaders using a tactic known as “naming and shaming” to discourage them from pulling similar stunts in the future. However, many people that support these politicians, mainly the Republican base, have applauded the two governors’ behaviors, doubling down on their anti-immigration stances. In a society that continues to become more polarized, “naming and shaming” might have the opposite results than expected. Additionally, another step that can be considered is impeachment, or even banning the two politicians from holding office again. Some people might say this may be a drastic move, but if, as an elected official, you are irresponsible with so many human lives, including those of children, where you think it is okay to treat others with disrespect and ignominy, then you should not be allowed the opportunity to serve a position that would put you in charge of people’s well-being.
Another approach would have to come from the international community, mainly the international criminal courts, in an attempt to hold these individuals accountable for violation of human rights. This too, however, might not be as easy as it seems. For one, the federal courts would have jurisdiction before the international courts, and even still, in 2002, then President George W. Bush “unsigned” the Rome Statute, and a few months later, Congress passed the American Servicemembers Protection Act, which forbade the US from assisting or supporting the ICC or any member states that support the ICC. Further, it granted the president full power over securing the release of any US person, or allies that are held or imprisoned by the ICC. Although there has been renewed interest in revisiting this legislation, from an unlikely individual at that (Lindsey Graham), this support might not extend as far as investigating members of his own party. America has long struggled to hold its political leaders accountable, whether it be for war crimes committed by past presidents, or even for simply acknowledging historical atrocities that have occurred in the nation’s past. However, without proper accountability for these heinous political stunts, the two governors would set a precedent for the worse treatment of migrants in the future.
Source: Kala Bhattar; A representation of the many hands that worked together to make Breakthrough’s summer 2022 program a success!
Over the summer, I had the chance to be part of an amazing program, a program that at first, I believed would be a way for me to serve my community, but instead, I found community within. This program, known as Breakthrough Birmingham, is one of many Breakthroughs located in various cities across the country, serving communities with a mission and vision to bridge the academic gap produced by the pandemic and the larger systemic inequalities that exist in educational systems nationwide. Breakthrough is a nonprofit organization that commits to ensuring that all children, regardless of their socioeconomic status, have a chance to pursue higher education and find a passion for learning along the way. They aim to do this while also mentoring future leaders and teachers to be better prepared for their teaching careers and leadership roles. With 24 different locations around the nation, Breakthrough is slowly trying to bridge the opportunity gap in America while retraining future educators to teach through the lens of inclusion, diversity, equity, and anti-racism. Before diving into Breakthrough and its many accomplishments, it is important to understand the purpose that nonprofit organizations like Breakthrough serve in their communities and why they are necessary in the first place.
Background About the American Education System and Breakthrough as a Whole
So, what is a nonprofit organization, and why are they important to have? Nonprofit organizations are created with a specific goal, or mission in mind, which aims to address a specific need in the community. The public sector (the government and its agencies) aims to address the needs of the majority voters, leaving behind many issues that impact minority voters. The private (business) sector, on the other hand, focuses primarily on its bottom line, which is making a profit. As a result, the private sector caters to those who are deemed customers, leaving behind those who cannot afford their goods and services. This is where nonprofit organizations come into play. Nonprofits stick to a vision, form a mission statement, and have a double-bottom line of staying true to their mission while also making a profit to put back into the organization. While they may be focused on a single issue, each nonprofit organization aims to address a particular issue being neglected by the public sector and left behind by the private sector. Nonprofits are – by law – non partisan and non-political. This means they are inclusive in their services and do not deny service based on the ability to pay. Breakthrough is one such organization addressing the shortcomings of our country’s education system, which provides endless opportunities to those who can afford them, and leaves behind the rest with the equivalent of the bare minimum in education.
This of course has to be looked at through a historical framework, and as we know all too well, Birmingham’s educational system has historically been one of the most segregated and underfunded school systems in the nation. Even when the rest of the nation began desegregating their school systems after Brown v. Board of Education was passed, Birmingham was one of those cities that resisted and refused to comply. As Birmingham finally began desegregating, the school systems had to deal with funding issues, and in response, local officials began to redraw district lines to ensure that certain well-to-do (white) families were positioned inside well-funded school districts. A topic that can be a blog in and of itself, because of racially inspired redlining efforts that were supported by the federal government during the 1930s, to this day, the funding that school systems receive is directly impacted by the housing values in America. As a result, students from lower-income households are zoned to attend schools with low funding, while students from higher-income households attend schools with higher funding. Due to the inequalities brought about by this phenomenon, there exists an educational gap between the students from low-income families and those from high-income families, and this opportunity gap further impacts the students’ decision to pursue higher education or not. To get a better understanding of the legacies of racial segregation on our education system, read this article by Nekole Hannah Jones.
While Breakthrough’s mission was a necessity, to begin with, its need has amplified due to the chaotic school years brought about as a result of the pandemic. The COVID-19 pandemic has exacerbated the education gap between low-income students and those who come from high-income families. Many students who didn’t have the resources to access the online modules were neglected as a result of switching to online classrooms. Research showed that by the end of the school year in 2021, many students across the nation were behind on math and reading skills by several months. Additionally, trauma and instability can be discouraging academically and can severely impact the students’ development process.
As such, Breakthrough is an organization that aims to bridge the opportunity gap in vulnerable cities across the nation. After conducting tremendous research and tailoring programs to fit the community’s needs, Breakthrough Birmingham became one of their local branches, serving the Birmingham City Schools (BCS) District and partnering with local universities to empower the future educators of tomorrow with a holistic approach to teaching the next generations. Breakthrough offers year-long academic services to underprivileged scholars in their community, and their summer programs specifically aim to slow the “summer slide,” (which is the tendency of scholars to lose some of their academic skills from the lack of academic practice over the summer). Interestingly, Breakthrough serves a specific age group, mainly middle schoolers, and even employs a specific academic group during the summer, undergraduate students.
Source: Breakthrough Birmingham; A collage of pictures from various college trips that scholars from each grade took as part of their Breakthrough summer experience
Breakthrough as an organization focuses on its middle school age group for many reasons. Middle school can be a very stressful time for a young student, and researchers wanted to understand why. Upon further inspection, scholars at Portland State University found that young adolescents between the ages of 10-15, experience many waves of development during this period of their lives. They develop physically, both externally in terms of height and weight, and internally, in terms of muscular and skeletal structures, but also chemically, in the form of changes in hormone levels. This can lead to a lot of discomfort in body image/self-esteem issues, as well as uncertainty around their sexuality. Additionally, students develop emotionally, meaning that they may need more guidance on processing certain emotions and feelings. Furthermore, students in this age group are developing morally, and as such, are beginning to develop a strong sense of right and wrong. This can have lasting impacts on their ability to ethically judge situations. Students are also developing socially, meaning that they can sometimes be socially awkward until they find a peer group they fit into. While all these developments are taking place, students at this age also undergo developments in their intellect and depending on the guidance they receive, this characteristic can determine their interest in higher learning. This can mean that without proper mentorship, many students will fail to see the importance of higher education, or, students who come from families where they are first-generation scholars, may not even be aware of the opportunities at hand if they are never introduced to them. Recognizing these factors, Breakthrough created a summer program particularly aimed at ensuring middle schoolers in the community can have a safe, fun-filled learning environment that can guide their scholars through the various developments they experience in this age range.
Source: Breakthrough Birmingham; An image to capture the joy felt on celebration day, the last day of the summer program. Pictured here are some BTB admin, along with all the summer teaching fellows, and the high school interns
Additionally, Breakthrough employs undergraduate teaching fellows during their summer program to provide their middle school scholars with mentors who are closer in the age group to the middle schoolers than their traditional teachers at school. This helps scholars build meaningful relationships with teaching fellows, and as such, scholars are more receptive to information and direction. Furthermore, representation is key, and employing undergraduate teaching fellows provides middle schoolers with adults who look like them, and who share commonalities with them. Studies show that there is an overwhelming number of teachers who are predominantly from one particular race, and gender, (white, women) teaching primary education. Seeing someone that looks like them in a teaching position is powerful in encouraging younger scholars to pursue their academic dreams. This includes the fact that throughout history, the teaching occupation has been held by mostly women. Being able to see male teachers can additionally empower young boys to perhaps pursue teaching careers in their future. Finally, Breakthrough ensures that teaching fellows approach the scholars from anti-racism, diversity, equity, and inclusion standpoints, making sure to provide weeks-long training sessions to familiarize teaching fellows with the local history and major concepts of anti-racist teachings, as well as introduce teaching fellows to multiple professional speakers for further guidance on such topics. Teaching fellows are also expected to understand the social, economic, political, and environmental context from which their scholars come, so as to be aware of some of the outside forces at play that influences the scholars’ behaviors. Operating under a “high expectations, high support” system, Breakthrough expects nothing but the best from its teaching fellows, while providing resources and a strong support system to teaching fellows to ensure that no scholar is left behind.
The Three Pillars: Exposure, Relationships, and Growth Exposure
Source: Breakthrough Birmingham; A collective picture of teaching fellows and Breakthrough admin outside the Legacy Museum. In addition to the in-depth training and professional speakers that teaching fellows received, they also got the chance to visit the Legacy Museum in Montgomery, AL, and the Birmingham Civil Rights Institute in downtown Birmingham as part of the exposure pillar
One of the three pillars that Breakthrough Birmingham is founded upon is the pillar of Exposure. This exposure piece applies to scholars and teaching fellows alike, and at times, because of the dynamic of the working environment found at Breakthrough Birmingham, it also applies to the staff and administration as well. During the summer program, scholars are exposed to students that come from various parts of the BCS district and meet as one cohort, sharing similar experiences. Having friends from different backgrounds can expose students to different cultures and lifestyles, and as such, can be a healthy addition to their development. This also fosters a sense of belonging among the Breakthrough community, and as such, encourages a safe environment for the scholars to learn and grow.
Additionally, scholars are exposed to information regarding their future, including preparing for high school, visiting college campuses, and even learning about various career fields and interview etiquette at a career day fair. Scholars are also exposed to the community around them, and learn about topics through an inclusive lens, focusing on equity, diversity, and anti-racism. With daily advisory classes that focus on culture building, elective lessons three days a week that give scholars a chance to explore new areas of interest, and all school and/or all-grade meetings held daily in an attempt to strengthen the newly formed friendships and relationships, every activity at Breakthrough is intentionally crafted to expose scholars and teaching fellows alike to new experiences.
Furthermore, teaching fellows also benefit from this exposure pillar in many ways. Teaching fellows (TFs) are hired from all over America, so TFs are provided with the opportunity to work closely with students that come from various backgrounds, and who share a common work environment. TFs go through various training sessions together, where they are exposed to inspiring community leaders, and get the chance to explore the local community’s history together. The TFs are therefore exposed to different ideas, people, and cultures, and are given the opportunity to form friendships that can last a lifetime. TFs are also exposed to roles of leadership and are expected to work in committees that teach teamwork and communication skills.
Relationships
Source: Kala Bhattar; TFs are expected to teach a subject from an academic field, such as reading, writing, science, and math. Each academic field had one-two TFs from each grade, and an Instructional Coach, (or mentor) to guide the process. This was my team; #writingteam
The working environment at Breakthrough fosters a sense of community, as staff and administration work alongside the TFs on a daily basis to ensure the smooth and effective operation of the day. This model emboldens the relationship between TFs, scholars, and staff, and strengthens the sense of trust within the organization. This, in essence, embodies the second pillar of Breakthrough: Relationships. TFs get to build lifelong connections and relationships with each other and the management team. With a healthy work environment that encourages TFs to “exhale from school” and prioritize self-care, Breakthrough is a workplace with high expectations and high support. Scholars are also able to make meaningful relationships with each other as well as with other TFs. Many scholars find lifelong mentors in teaching fellows, and as a result, can have a positive role model to look up to.
Source: Breakthrough Birmingham; Scholars line up with their TFs before the celebration day events begin. Breakthrough provides a safe space for scholars to develop healthy relationships and find mentorship in their fellow TFs.
Growth
Breakthrough’s third pillar, Growth, provides the results of the hard work exerted by scholars, TFs, and management alike. Breakthrough has some serious results. Not only can scholars improve their academic skills tremendously, but they are also able to weave through various social, emotional, and cultural experiences by learning how to approach situations holistically. These socio-emotional improvements are just as important as the academic ones and can actually have a positive impact on their academic abilities.
From my own experience at Breakthrough Birmingham, my scholars in my writing class were able to improve their writing skills from novice to proficient, and some were even distinguished. This was determined by providing pre-assessments before the start of the summer program and post-assessments towards the end and comparing the results from the two assessments. While many of my eighth-grade scholars came into my class with a bare-minimum understanding of what an essay was, by the time they took their post-assessments almost a month later, they were able to demonstrate their knowledge of the different parts of an essay, were able to write decent thesis statements, and many were even able to craft a standard five paragraph essay, even though they were only required to write three. As for the socio-emotional improvements, I witnessed the scholars growing more confident in their self-image and in their ability to present the knowledge they had gained. I witnessed their improvements in maturity and helped them exercise their patience. Even though the program lasted a month, I could see measurable improvements from my scholars.
Source: Kala Bhattar; In an attempt to measure the growth achieved from the summer program, each academic field was required to collect data on a daily basis to be later analyzed. This was one such form of data collected, in the form of pre and post-assessments for scholars in my writing class. As shown, almost all of my scholars improved at least one grade point, and many of them even showed improvements by 2 points. This was achieved in the short 4-6 week program over the summer
I also witnessed some growth within myself. Breakthrough’s structure emphasizes the importance of reflection, and this is practiced starting from the pre-work that TFs are required to complete as part of the orientation process and continues to the very last day of closing. From daily reflections to interpretations of norms, to admin check-ins periodically, to the end-of-summer presentations of learning, reflection and review are a big part of Breakthrough’s culture. This practice ensures that ideas and actions remain mindful and intentional, and places importance on the growth mindset. TFs can truly see for themselves just how much they have grown over the summer. Also, Breakthrough introduces a network of resources and opportunities for TFs to pursue, including opportunities to be employed by Teach For America for those pursuing a future in education.
How to get involved
Source: Breakthrough Birmingham; An image of all the Breakthrough staff from the summer program, including the director of Breakthrough Birmingham pictured in the front
For those of you who may be interested in the scholar programs at Breakthrough Birmingham, they offer various year-round programs for 7th-10th grade scholars, and during the summer, they offer a six-week summer program for rising 7th, 8th, and 9th graders. Additionally, those who want to support the organization can do so through donations, volunteer work, or simply spreading awareness of the program to others who may benefit from a program like Breakthrough, both scholars and teaching fellows alike. The right to an education is one of the fundamental rights outlined in the Universal Declaration of Human Rights, and one that should apply to all children everywhere. Furthermore, education can be a powerful tool for ending oppression. Students’ ability to think critically and ask questions empowers them with the necessary tools to question unlawful or immoral behavior, recognize corruption, lies, and deceit, and provide holistic solutions to complex problems. Without these tools, students will continue to live in poverty and under oppressive conditions, not knowing how to change the world around them for the better.
Figure 1: Source: Yahoo Images; An abstract image of a group of individuals holding a sign that reads “Our Body = Our Choice.”
This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.
The History of the Abortion Rights Movement and Context Behind Roe V. Wade
Figure 2: Source: Yahoo Images; An image depicting a typical nuclear family structure that promoted “family values” of the Religious Right. A hard-working dad waves to his wife alongside his growing son as the housewife waves back dutifully.
Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.
Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.
What Overturning Roe v. Wade Would Mean
Figure 3: Source: Yahoo Images; An image depicting condoms and birth control pills, two contraception methods under attack as a consequence of overturning Roe v. Wade.
The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.
As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.
Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.
Figure 4: Source: Yahoo Images; A woman depicted behind bars. Overturning Roe v. Wade would criminalize abortion in certain states, and some states even have laws that would press felony charges on medical professionals who provide aid in the abortion process. These consequences disproportionately impact women of color.
The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.
The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans
Figure 5: Source: Yahoo Images; An image depicting women from an anti-abortion rally, holding signs that read, “Repent. Abortion is a sin against God,” with chalked outlines of fetuses occupied by women protestors.
The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy. This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.
Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.
Other rights that may be threatened by the overturning of Roe v. Wade
Figure 6: Source: Yahoo Images; Other rights under attack from the overturning of Roe v. Wade include LGBTQ+ rights like same-sex rights, and the right to contraception, and even challenge the livelihood of sex workers.
Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.
One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.
While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.
Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.
So, Where Do We Go From Here?
Figure 7: Source: Yahoo Images; A protestor holds a sign that reads,” A Woman’s Place is in the Resistance.”
Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.
On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.
Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.
Source: Yahoo Images; An image depicting some of the personal actions that we can incorporate into our daily routines to reduce our own carbon footprints, including suggestions like recycling, reducing plastic consumption, or even avoiding the use of herbicides and pesticides.
These past few decades have been filled with destruction and devastation, and the increasing severity of the climate crisis signals that what we are experiencing is just the beginning. The climate crisis will transform the way we live, whether we adopt to it or not, and it is crucial now more than ever to take all the necessary actions to slow down, and maybe even stop this growing existential threat to humanity. With that being said, there have been some attempts around the world at doing just this. In the midst of all this chaos, it is important to cherish and acknowledge some of the more innovative responses to alleviating the climate crisis. These are some of the sustainable ways other nations are attempting to address climate change, and the United States would do good to implement some of these ideas into its own society.
Planting Trees to Save the World
Source: Yahoo Images; Collectively planting trees can start to heal the environment, but also create a strong sense of community as well.
Countries all over the world are taking a simple approach to the climate crisis; they’re planting trees! Nations like India, China, Ethiopia, Pakistan, and the Philippines have planted hundreds of trees as part of their promise to the Paris Agreement. In July 2019, India planted over 220 million trees in a single day, while Ethiopia planted over 350,000 trees in one day! Students in the Philippines are expected to plant ten trees each before they are allowed to graduate, and in this way, a guaranteed number of trees are planted annually. All these nations are taking unique efforts to do their part in combating climate change. While planting trees alone won’t address some of the more serious environmental issues we face today, it does make a huge difference. For one, planting trees can help remove some of the carbon emissions and other greenhouse gasses from the atmosphere and release more oxygen into the air. This provides cleaner air for all living forms in the area. Planting trees can also encourage biodiversity, and depending on what type of trees are planted, can provide food sources that nourish the region’s species. In this way, biodiversity provides natural services, which are services built into nature that nourish and sustain the ecosystem for all life forms on Earth. These services include the food produced by the trees, the roots that guard the soil from erosion and flooding, and it even includes a natural filtration system that purifies water. In addition to this, biodiversity, (and the calculated, methodical planting of trees) can moderate temperatures, enrich the soil, and stabilize an ecosystem. As such, biodiversity is just as necessary for the continued existence of humans as it is for other forms of life. Of course, without stopping the use of nonrenewable resources and exploiting forest lands, any number of trees planted can only neutralize the carbon emissions. In order to fully benefit from the trees being planted, we have to shift to using renewable, sustainable forms of energy to rebuild our infrastructures and power our homes. The actions these countries have taken to combat climate change is one that ensures sustainability and inspires change, and it is with this mindset of sustainability that we, as a world, should proceed.
Europe’s Pollinator Highway
Source: Yahoo Images; Bees and butterflies are an essential part of the pollination process.
Along this framework of sustainability, Europe seems to have taken a different approach in addressing some of the environmental issues we are facing today. One such environmental issue they have attempted to address is the decreasing number of pollinators in the world. Pollinators are insects, like bees, wasps, and butterflies, who play a vital function in our existence, by transferring pollen from the female part of a plant to the male part of the plant to being its reproductive process that later blooms into fruits, seeds, and flowers. Without the crucial role that pollinators play, there would be no nourishment for millions of species worldwide, including humans. These pollinators play a key role in the survival of any ecosystem, and without their services, the world would be plunged into a food famine. To address this issue, the city of Tallinn, the capital of Estonia, has constructed an eight-mile walkway that connects six districts of the urban area. This was an attempt to encourage an increase in insect pollination, as well as provide city dwellers clean, green spaces to enjoy. Known as the Pollinator Highway, it is one example of how nature can co-exist in urban centers alongside humans. While the United States Environmental Protection Agency (EPA) has attempted to address the pollination issue, the use of pesticides and herbicides, which the United States continues to allow, leaves pollinators exposed to these harsh chemicals, resulting in their deaths. There has been more awareness about this issue, however, and many scientists have even suggested drones and robotics to mimic pollinator behaviors and artificially pollinate plants. These advanced technologies, however, can be very costly to produce and maintain, and their creation and upkeep only adds to the issues of depleting raw materials. As a result, it would be cheaper and more sustainable to protect our natural pollinators and appreciate their natural, free services, by promoting a safe environment for the pollinators to flourish.
Studies have also shown that greenery and time spent in nature can have positive impacts on an individual’s mental health, so Tallin’s Pollinator Highway would be mutually beneficial for both humans and pollinators alike. This walkway they created not only ensures the safety of bees, but also, through incentivizing citizens to walk and bike, has led to a decrease in emissions released by cars and other motor vehicles. This is also partly due to Tallin’s legislation which has made public transportation free since 2015, incentivizing citizens to switch from personal vehicles to public transport systems and making room in the urban center for cyclists and walkers to enjoy a breath of fresh air. The free public transportation system runs all day long, every day of the week, and Estonia was the first nation in the European Union to implement this system. Many European nations have included similar features since then, but the United States continues to fall behind its European counterparts. As one of the richest nations in the world, the United States has the ability to build more sustainable infrastructure and transform public transportation to better connect all parts of the nation. Then, American citizens too could incentivize the public to use free transportation provided by the state. Having a free public transportation system that runs 24/7 would also increase accessibility for many Americans living in rural areas and on the outskirts of urban centers. These are just some of the ways in which elements of climate change can be addressed.
Virtual/Hybrid Conferences and Climate Change
Source: Yahoo Images; Zoom has become a vital part of our post-pandemic lives, and among its many advantages, a decrease in carbon emissions and greenhouse gases released into the atmosphere seems to be one of them.
Along the same lines of promoting a safe and more sustainable environment, another interesting way to combat climate change is by simply continuing to use virtual spaces for conferences, meetings, and other such events. The pandemic has drastically forced people around the world to adapt to its contagious spread, and as a result, the entire world had to find new ways to keep functioning without meeting face to face. This is really when zoom became one of the most important tools for students, teachers, professionals, and artists alike. In the midst of all this trauma and loss, it is good to know that we accidentally discovered that hybrid and virtual conferences can actually help combat climate change in a significant way. The greenhouse emissions released so far from the conference industry worldwide are equivalent to the amounts released by the entire US; this is a significant amount of emissions, as the United States, in 2020 alone, released 13.5% of the global emissions. Virtual or hybrid conferences can help decrease those amounts significantly, and we can do this from the comforts of home. While people still use energy and electricity at home to attend these events virtually, it is nowhere near the amount used during in-person conferences. Additionally, this is a profitable development for businesses because it costs them less to host virtual conferences than in-person conferences where they have to pay for the attendees’ transportation, their housing, and for the actual conference hall where the event would be held. Also, virtual conferences increase the accessibility of the events to those who may not be able to travel the long distances due to other obligations in their lives. Virtual and hybrid conferences and meetings can also be timesaving for all those involved, from the attendees to the hosts themselves. Virtual and hybrid meetings should in no way replace face-to-face meetings because in-person meetings are more personable, and generally fosters more community among like-minded people. With that being said, this accidental victory we seem to have stumbled upon should not be dismissed or ignored. Rather, we should explore ways in which this newfound knowledge can benefit us as we begin to reshape our future.
Nature’s Right to Exist
Source: Yahoo Images; An image depicting a rapidly flowing river surrounded by a canopy of trees. The rapid flowing water, combined with the many rocks and ridges it passes through, act as a natural water filtration system. This is just one of the many ecosystem services that nature provides us for free, yet we continue to take nature for granted and exploit its resources.
Another innovative approach to reshaping our future might include the securing of rights to the environment itself. This is exactly what Panama, in league with other nations like Italy and Mexico, has decided to do. Panama has passed a new legislation that declares nature’s right to exist. This law forces Panama’s legislations to consider its impacts on the natural world, and whether the existing laws on the books violate nature’s right to exist. This applies to its national policies, but also extends to its foreign policies as well, meaning that Panama cannot take any foreign policy actions that might endanger the environment’s right to survive. Some of the other nations which have passed similar legislations aim to protect the entire environment, while others have given specific protections to rivers, enabling human representatives to sue on the behalf of rivers that have been harmed or polluted. This is an important piece of legislation for environmental justice, as grievances against the environment can be heard in a court of law, and violations against the environment can be addressed and held accountable. This would be especially significant in the US, because corporations already have a voice through the Citizens United ruling, which equated money with speech, allowing corporations to exercise their “freedom of speech” through campaign contributions to potential and elected officials. Passing such a law that protects the environment’s right to exist in the US would provide a voice for the environment, to fight against some of the harmful injustices caused by environmental racism and exploitative behavior from corporations, and would serve as a check on the power and influence of multinational corporations on US policy, both in domestic and international affairs. If the United States were to do what Panama did, issues such as the Flint water crisis, or the countless instances of exploitation of indigenous lands by big industries, could be stopped, and the perpetrators of such damages caused to the environment can be legally held accountable. Nature, with its many ecosystem services, and resources it provides to all life forms on Earth, deserves to be protected, and using such a rights-based language to call for environmental justice is another way to reduce our dependency on non-renewables. Ensuring the smooth functionality of these ecosystem services (which are free to everyone), is an essential aspect of fighting the climate crisis and without protection, these services would otherwise be jeopardized, costing us money, time, and lives as we try to mimic these services to simply survive.
The Fight for Humanity’s Future
Source: Yahoo Images; Fridays for Future is a movement created by the younger generation to bring awareness to the climate crisis and demand the transition of the global dependence on nonrenewable resources, to more sustainable, renewable ones.
So, what more can be done? For one, we should continue to support green initiatives and pressure our representatives to propose legislations such as the Green New Deal, or pass our own version of Panama’s “Nature’s Right to Exist” legislation. When proposing policies, we should consider the many ways in which climate change impacts different communities, and craft our policies through a rights-based approach. While ethical consumption under a capitalistic world can be challenging, we as consumers should be more aware of the brands we consume and the products we consume, to incentivize businesses to be more aware of their impact on climate change and actively try to address it through their operations. We also should start publicly questioning some of the corporations that exploit the nature and its resources, and hold them accountable for their actions. This tactic is known as “naming and shaming”, where we publicly challenge some of the exploitative practices these companies may use, and as a result, enforcing them to be more conscious of their operations. We also need to educate others about the reality in which we live in, and how each individual can make an impact on the climate crisis through changes in habits and lifestyles. We need to bring attention to the growing climate crisis through healthy civil agitation and educate others on their carbon footprint. Ask friends and family members to be mindful of their purchases, and boycott businesses that exploit the Earth and its vulnerable populations. This is exactly what the Fridays for Future movement is attempting to do. Created by a young generation of climate activists, this global phenomenon centers around awareness and action against the climate crisis. Students sacrifice their Fridays to fight for the protection of the Earth and their own future existence. We too, as students passionate about environmental justice, can support their initiative by hosting our own climate protests here on campus, or by simply boosting the movement in our own communities. Or, as India, Ethiopia, and many other nations around the world has proven, we can simply plant more trees. Whatever it is we do, the environment depends on the actions of everyone, and how we respond to this crisis will determine whether the human species, (and many other organisms with it), will be able to exist in the future.
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