The Ukraine Crisis – IHR Event Recap

War continues to embroil Ukraine as Russian forces advance through the country. Putin’s assurances of only attacking military sites are belied by the mounting civilian casualties in Ukraine. Many Ukrainian individuals have picked up arms for the first time, putting up a valiant stand against the aggressors, while other are seeking safety in neighboring countries. The sanctions levied on Russia and their leadership are likely to have an impact on the country, although they have not yet significantly influenced the current Russian offense. There is, however, a constraint in terms of resources for the Russian troops. For more information regarding this issue, visit Dr. Tina Reuter’s blog post for the Institute for Human Right.

In light of these developments, the UAB Institute for Human Rights (IHR) and the UAB Department of Political Science and Public Administration (PSPA) held an expert panel on March 3^rd. The conversation was moderated by Dr. Robert Blanton, the Chair of the Department of PSPA at UAB. The panel was comprised of Dr.Tina Kempin Reuter, Director of the UAB IHR and associate professor in the Department of PSPA as well as the Anthropology Department; Dr.George Liber, retired professor from the History Department at UAB; Scotty Colson, coordinator at the Jimmie Hale Mission and Alabama’s Honorary Consul for Ukraine; Dr. Renato Corbetta, associate professor in the Department of PSPA and Director of the UAB International Studies Program; and Dr. Peter Verbeek, associate professor in the Department of Anthropology and Director of the graduate program in Anthropology of Peace and Human Rights. Panelists discussed the past, present, and future of the Ukraine crisis and consideration of the implications for the people of Ukraine, international relations, and world peace.

Graphic for the Ukraine Crisis Event, with a light blue background and white text reading, "Virtual Panel Discussion. The Ukraine Crisis. Implications for Geopolitics and Human Rights." — The Ukraine Crisis Panel Discussion took place on March 3rd, 2022.

Historical Context

Dr. Liber began the conversation by providing a historical background for the current crisis. Ukraine has been an independent country since the collapse of the Soviet Union in the early 1990s, and a majority of its people have supported a pro-democratic position including, but not limited to, free elections. Putin, in contrast, leads Russia as an authoritarian dictator, controlling the parliament, courts, and state media. Civil liberties have taken a toll under his leadership as the government goes as far as to reshape public opinion through its influence. Putin has always struggled to recognized Ukraine as an independent state and aims to restore Russia to its former power. Two significant events have led to the recent escalation. The first was the removal of the pro-Russian government from office in 2014, and the subsequent appointment of a more democratic leadership. In response, Russia annexed Crimea with the help of pro-Russian annexationists in Eastern Europe. The conflict between the Ukrainian military and Russian-backed separatists created great turmoil at the time. The second event that prompted the recent attack by Russia, according to Dr.Liber, was the withdrawal of US troops from Afghanistan, which signaled to Putin that the US may be hesitant to engage their military forces at the time of conflict.

The Situation on the Ground

Scotty Colson followed this historical summary with a description of the current situation in Ukraine. He recounted his interactions with former participants in the Open World Program, which is a government funded program that offers young Ukrainian leaders the opportunity to travel to the US and exchange ideas on key global issues with their counterparts. Mr.Colson relays the experiences of participants of this program who visited Birmingham and who are currently in the center of the war in Ukraine. One individual, a lawyer who advocates for the democratization of Ukraine, took up an AK47 despite his lack of experience handling firearms. He now mans a barricade in Ukraine after his regular work hours. Another individual that Colson interacted with was an entrepreneur who created programs to help people receive first aid. He is currently one of the leaders in providing emergency care for war torn areas. Another individual stands guard with a machine gun outside an airport. Colson also mentioned that advocates from other countries are being removed from social media platforms in Russia. He emphasized the connection we have with these individuals, and others, in Ukraine, as they were inspired by Birmingham’s history to lead civil reform in their own country.

Humanitarian Consequences

Dr. Reuter detailed the human rights implications of the conflict. Undoubtedly, there has been an increase in human rights violations, including the right to life and civilian integrity. The air strikes and heavy artillery are in direct breach of international law, prompting an investigation by the International Criminal Court. The number of casualties is uncertain, with the. However, since the UN Office of the High Commissions for Human Rights only counts deaths that they can verify, the numbers reported by them are likely to be an underrepresentation. Moreover, the most concerning development in Dr. Reuter’s opinion is Putin’s remarks during his conversation with president Macron, in which he showed no sign of relenting. At the time of the panel discussion, approximately 160,000 people were displaced, and this number was expected to climb to several millions. Some individuals had to wait for up to 60 hours in in freezing weather before being allowed to enter Poland.

Despite this, the overwhelming attitude towards Ukrainian refugees has been one of warmth and acceptance: the European Union (EU) is set to grant Ukrainian refugees with permission to live and work in the EU, while receiving education and healthcare, for a year. While Dr. Reuter appreciates this response, she points to the problematic contrast in attitudes towards the refugees from Ukraine as opposed to refugees from the Middle East and Africa, who have not been received as positively. Another significant challenge is the delivery of humanitarian aid, particularly since the war conditions have made it more unsafe for aid workers. At the time of the panel discussion, Russia tentatively agreed to arrange for a humanitarian corridor to evacuate civilians and deliver aid safely. However, since then, there have been reports of air strikes impacting these corridors and other civilian buildings as well, including a maternity ward.

Interventions by the International Community

Dr. Corbetta discussed the possible options for the international community to intervene in the situation at hand. The reason for the hesitancy of western powers in deploying troops is the risk of escalation into nuclear warfare. The escalation may not necessarily be due to a strategic attack but even just an accident by the troops stationed in the area. This is known as the stability paradox – conventional forces cannot be used because it might lead to the use of nuclear weapons, but the potential disastrous consequences of nuclear weapons will encourage the use of conventional warfare instead. Dr. Corbetta believes Putin is attempting to make it seem as if Russia is ready to use nuclear weapons in order to prevent the stationing of conventional troops.

Sanctions are one of the other ways the west will be able to influence the situation in Ukraine. Although the sanctions imposed thus far have been strong, they take act slowly. It is important that the sanctions are increased progressively rather than levying all of the most severe sanctions at once in order to maintain leverage. Hence, the gradual nature of the impact of sanctions gives Putin time to cause further damage in Ukraine. China plays a key role in the success of sanctions as well. Dr. Corbetta says that Putin will count on China to become their key economic partner to reduce the burden of the sanctions. China at the time had not chosen sides, waiting to see the reaction from the West and the precedent that will be set for Taiwan. Another intervention is to have negotiations between Ukraine and Russia with the United Nations present to mediate. This may be particularly likely if the Russian advance is not very successful in the future, although Putin has not been keen on negotiations until now. Mediation can take a more direct form as well, with a neutral group placing troops in between the two countries to prevent conflict.

The image shows a soldier holding a gun. The Ukrainian flag is raised in the background. — “Ukraine Crisis” by theglobalpanorama is marked with CC BY-SA 2.0.

The Path to Peace

Dr. Verbeek was asked to speak about the prospects of peace and how to achieve it. He began by distinguishing the two components to peace. The first is negative peace, or the cessation of violence, while the second is positive peace, which goes beyond that to tackle social injustice that prevent the attainment of peace. Dr. Verbeek also cautioned against being quick to take sides and encouraged everyone to consider the human experience on both sides in addition to the actions of the leaders. He gave the example of a Russian soldier’s text message exchange with his parents, who wanted to send their son a package only to find out he was deployed in Ukraine. The soldier, distraught, told his parents that they were promised a warm welcome from the Ukrainians. Similarly, on the other side, it is important to ensure that refugees who are under assault are able to safely exit the country. Moreover, the UN Convention on the Rights of the Child, which Russia has ratified, should be invoked to reduce the suffering of children stuck in the middle of the war. Dr. Verbeek also believes it is time to reassess the necessity of NATO, as it was devised to combat the Soviet Union, which no longer exists. While some say it is needed for the situation in Iraq, it is worth considering if the way we have been doing things is the best way to continue moving forward.

With regards to sanctions, Dr. Verbeek mentioned that punishment is not very effective according to behavioral science. He believes more emphasis should be placed on negotiations, with the UN or western countries present to aid in coming to a compromise. There are currently talks underway in Belarus, and it is crucial that these continue. Thinking creatively and differently than in the past is necessary to find a solution to the crisis. As Dr. Verbeek put it, “it is very important for people to talk. As long as the guns are going, and people are not talking, peace will be far away.”

Other Key Points

When asked what Putin’s overarching goal may be, Dr. Corbetta mentioned that it would be difficult to say with certainty. His intention may be to restore Russia to its status in the past when the Soviet Union still existed. He also may not want Russia to take a back seat in the increasingly important US-China relationship. Colson added that Putin’s may be more financially motivated, aiming to take control of resources in the north and simultaneously undermining and dividing the Western powers. An example of such a resource is oil, which Putin may be able to leverage to exert influence over countries dependent on oil. In terms of the implications for international relations, Dr. Verbeek highlights the importance of not only addressing the current loss of lives but also paving the path for global cooperation in the future, a necessary prerequisite to addressing existential crises such as global warming.

When asked about the United Nations Security Council’s role in diffusing the conflict, Dr. Reuter answered by first stating that the UN General Assembly vote condemning Russia’s actions was a positive sign. However, the influence of the Security Council is limited by Russia’s veto power. The Security Council, having been established after WWII, may not accurately represent the distribution of power in today’s world. Dr. Verbeek believes that it is time to reconceptualize the way in which the UN operates. In addition to this, Dr. Liber brought up the point that the outcome of the Ukraine crisis will have implications for nuclear disarmament as well. After being pressured by the US and other world powers, Ukraine agreed to give up its nuclear arsenal towards the end of the twentieth century and sought a guarantee for its national sovereignty in return. In light of the invasion of Ukraine, other countries may hesitate to proceed with nuclear disarmament out of fear for their national security.

Is there reason for hope? The answer from the panelists is a resounding yes. Dr. Reuter believes that the dissenting voices in Russia that are creating pressure from within is indeed a case for hope. In addition to that, the possibility for a corridor to supply humanitarian aid is a positive development. There are numerous organizations that are providing humanitarian relief to Ukrainians, and a detailed list can be found in an IHR Blog post written by Dr.Reuter. Dr. Corbetta sees the cohesiveness of the western countries as a reason for hope, particularly if this can be translated to other global issues. Moreover, the invasion of Ukraine is not rolling out as smoothly as Putin would have liked, which may dampen further efforts. This conflict has also made people realize that environmental issues overlap with security concerns – becoming less dependent on fossil fuels will reduce the influence that Russia has over western countries in case such a conflict arises in the future. Dr. Verbeek also finds It reassuring that many UN members stand in agreement that Russia’s actions are wrong. He believes the UN can be reformed to more fairly distribute power and create safeguards to prevent such a crisis, and all its disastrous consequences, from occurring again. For more thoughts from Dr. Verbeek on the conclusion of this war and a more peaceful future, visit his IHR blog post.

International Day of Persons with Disabilities: Disability Rights Successes in South Asia

The image shows a man with a prosthetic leg sitting on the ground. In his hand is a volleyball, on which he is writing something with a marker. — “Disabled men play volleyball” by World Bank Photo Collection is licensed under CC BY-NC-ND 2.0.

December 3^rd marked the International Day of Persons with Disabilities – a day to raise awareness of disability rights, the benefits of inclusion, and the challenges society poses for individuals with disabilities. The theme for this year is “Leadership and participation of persons with disabilities toward an inclusive, accessible and sustainable post-COVID-19 world.” In honor of this occasion, we wanted to highlight a few of the many instances in recent times where strides have been made in inclusion and accessibility. This post will focus on the progress made in south Asia, while the post by Danah Dib will speak to the achievements that have been made in the Middle East. There have been numerous successes in the efforts to push disability rights forward in south Asia, particularly in the spheres of politics, health, and education.

Political Rights

Efforts to secure the political and civil rights of individuals with disabilities in south Asia passed a milestone in 2015. The “South Asia Regional Disability Rights Dialogue on Political Participation” convened for the first time in October of 2015, bringing together over 80 representatives from disabled people’s organizations and election management bodies across south Asia. The conference aimed to advocate for increased access to elections for people with disabilities by providing recommendations to the Forum for South Asian Election Management Bodies (FEMBoSA) during its annual conference. After three days of deliberation and advocacy work, the participants in the South Asia Regional Disability Rights Dialogue on Political Participation produced a nine-point charter on disability inclusion in elections and managed to get the Columbo Resolution modified to include language that was inclusive of people with disability. The Columbo Resolution was the culminating document of the conference, setting forth the Forum’s priorities and commitments for the future. In the same document, FEMBoSA also resolved to develop appropriate standards to ensure that people with disabilities are included in elections.

Numerous changes occurred in the wake of this resolution, in part due to continued advocacy by disabled people’s organizations in implementing the recommendations. Smitha Sadasivan, a member of the Disability Rights Alliance India, described the work of the organization in the implementation process in the state of Tamil Nadu, India: “Persons with intellectual and psychosocial disabilities were enrolled in electoral rolls after the Colombo Declaration”. Numerous additional steps were taken, starting with the appointment of officers specifically responsible for disability inclusion. Electors with disabilities were mapped, and reasonable accommodations were identified. Inclusive voter educational material was developed, and election officers and volunteers were trained on inclusive practices. In 2016, the Election Commission of Sri Lanka included a unit regarding disability in its strategic, four-year plan, with the intent to research barriers to inclusion and increase the participation of people with disabilities. These changes are key steps in ensuring that individuals with disabilities are afforded their civic liberties and can take part in shaping their community.

The image shows a stethoscope placed on a surface covered by cloth. The length of the stethoscope is coiled. — India has made progress in improving clinical care for individuals with disabilities by reforming medical education. Source: Unsplash

Rights to Health and Healthcare

A second important development for disability rights takes us from the polling booths to hospital clinics. The impacts of healthcare providers holding negative attitudes towards disability, and a lack of knowledge on appropriate communication, is well documented. It not only impacts the doctor-patient relationship and decreases quality of care, but also results in individuals with disability utilizing healthcare services less frequently. It goes without saying that this contributes to worsened health outcomes for those who are disabled. In recent times, the Medical Council of India has taken steps to bridge this deficiency in clinical care. Starting from August 2019, medical schools in India are required to conduct a month-long training on disability rights that covers culturally appropriate communication and optimum clinical care for people with disabilities. This change came after numerous disability rights advocates, and doctors with disabilities, raised their voice regarding the lack of disability related competencies in the new medical curriculum designed by the Medical Council of India in 2018. Spearheading these efforts was Dr.Satendra Singh of the University College of Medical Science in Delhi University.

Collaborating closely with people with disabilities and educators across the country, Dr.Singh and his colleagues developed 27 disability competencies based on the human rights approach to disability, as enshrined in the UN Convention on Rights of People with Disabilities. While more can be done to make education on disability rights increasingly comprehensive and immersive, such as inclusion of experiential learning where medical students spend time with individuals with disabilities outside of the hospital, these actions are undoubtedly a much-needed step in the right direction. India, like many other countries, also faces challenges in increasing medical student diversity in terms of disability – significant, structural barriers still exist for competent medical school applicants with disabilities. Disability rights advocates like Dr.Singh continue to challenge inaccurate and negative stereotypes regarding the abilities of individuals with disabilities, hoping to further improve medical care and education for people with disabilities.

The Rising Sun Education and Welfare Society of Lahore, Pakistan, has trained numerous athletes with developmental disabilities who went on to win international competitions like the Special Olympics. “SPECIAL OLYMPICS EUROPEAN SUMMER GAMES 2014” by Special Olympics Oesterreich is licensed under CC0 1.0.

The Role of Non-Governmental Organizations

Another area of development is the not-for-profit sector, organizations that are working at the grassroot level to offer support to individuals with disabilities and to help implement and further systemic policy changes. An example of such an organization is the Rising Sun Education and Welfare Society in Lahore, Pakistan, which aims to encourage the independence of individuals with disabilities through education and training. One noteworthy aspect of the organization is their training in sports. Sports training is offered as a way to develop capabilities and life skills of individuals with disabilities and to allow them to compete at the highest level in international competitions like the Special Olympics. Over the years, athletes from the organization have won 91 medals in numerous events across the world. The organization also provides vocational training in cooking through their “Special Chef” program – individuals who participated in the program went on to not only work for the Education and Welfare Society, but also join other organizations as chefs and start their own business ventures. Lastly, another crucial role the organization plays is in raising awareness amongst parents regarding the support services available to their children with disabilities. These efforts attempt to combat the stigma surrounding disability and promote the inclusion of individuals with disabilities as equal members of society.

Future Directions

Despite these accomplishments, there is a lot more work that needs to be done. A study by Paul Chaney of Cardiff University revealed that ableism is still pervasive in Indian society. Educational programs for individuals with disabilities are not funded adequately, and private schools often ignore the minimum supports for students with disabilities as required by the law. Individuals with disabilities in rural areas are particularly disadvantaged in terms of educational opportunities, leading to much higher likelihood of unemployment and poverty. Concerns continue regarding the accessibility of the healthcare system for people with disabilities. Still, efforts are being made to combat forced institutionalization and forced sterilization of individuals with disabilities, issues which compound at the intersection of gender discrimination.

The successes discussed in here are just a few examples of the change created by the disability rights movement across the world and the driving force behind it: namely, the advocates who work tirelessly to push society forward in its inclusion of individuals with disabilities. Although more progress is yet to be made, these testimonies give us hope that transformational change can occur, however gradually it may come about. This is our letter of gratitude to those who continue to work to ensure the equitable and rightful treatment of individuals with disabilities and our call to action to all others.

Injustice in the Justice System: Disability, Schools, and Incarceration

The image depicts rows of wooden benches in a well-lit classroom. — The image depicts a school classroom. The experience of individuals with disability in schools often contributes to their disproportionate incarceration. Source: Unsplash

Freddie Gray was killed as he was being transported in a police vehicle because the police did not take appropriate safety measures. Gray’s encounter with the police undoubtedly involved racial biases held by the officers due to their perceptions of African American men. However, another aspect of Gray’s identity, which lead to him being disproportionately impacted long before his encounter with the police, played a role in his untimely demise at the hands of an unfair system. Gray had a developmental disability as a result of growing up in a house with lead paint, which meant he was unable to understand multi-step instructions. This, however, was not identified early enough for Gray to receive accommodations in school. Due to this lack of support, Gray had a difficult time in school, ultimately leading to suspensions and dropping out of high school. Since then, Gray came in contact with the criminal justice system multiple times. Gray’s story displays the complex, intersectional impact of various factors that lead to an individual being disadvantaged by our society, including race, socio-economic status, and disability. Moreover, it displays how lack of appropriate identification and accommodation for students with disabilities increases their likelihood of entering the school-to-prison pipeline.

My previous post investigated accessibility of the criminal justice system to people with disabilities. This article will focus on the factors that lead to individuals with disabilities being incarcerated at a disproportionate rate, with a special focus on individuals with intellectual and developmental disabilities. This disproportionately impacts children and individuals with developmental disabilities, both through the school-to-prison pipeline and through either exploiting or ignoring them in proceedings.

The School-to-Prison Pipeline for Individuals with Disabilities

It has been shown that dropping out of high school increases the likelihood of a child encountering the criminal justice system. This tendency is reflected in the prison and jail population as well. A paper by Respect Ability on disability and criminal justice reform reported that high school completion rates amongst incarcerated individuals is low – two-thirds of people in state prisons and seven out of ten people in jail have not completed high school. The literacy rates of incarcerated individuals also demonstrate the connection between education and incarceration. The National Assessment of Adult Literacy Survey, carried out by the U.S. Department of Education in 2003, reported that prison inmates had lower literacy rates than their counterparts that have not been incarcerated. While disparities found in the survey have decreased since the 1990’s, there were significant differences in literacy.

This relation between educational attainment and incarceration means that people with disabilities, who have a lower high school graduation rate than their peers who are not disabled, are at disproportionate risk of being incarcerated. While 84.6% of individuals without disability graduate high school in 2019, only 67.1% of students with disabilities graduate high school. The cause of this may be three-fold. Individuals with disabilities are not always provided accommodations to allow them flourish in the classroom. While 1 in 5 children differ in their learning abilities, with conditions like dyslexia or ADHD, only 1 in 16 children have IEPs, which are plans to provide accommodations and supplemental instruction. They also do not always receive a diagnosis that allows them to get accommodations in classes. This disproportionately impacts girls with developmental disabilities. For example, autism spectrum disorder is less likely to be identified in women than in men due to lack of knowledge about differences in presentation in males and females. This issue intersects with race as well – individuals in minority communities may find it particularly difficult to get a diagnosis. Moreover, people with disability are twice as likely to receive an out of school suspension as people without disabilities, and students who are suspended are more likely to drop out of school. Male African American and Latino students with disabilities have the highest suspension rates, once again showing how intersectionality leads to a more severe worsening of outcomes.

The image shows coiled, barbed wire on top of metal fences found in prisons. There is a partly cloudy sky in the background. — “Prison security system” by x1klima is licensed under CC BY-ND 2.0.

People with Intellectual and Developmental Disorders

People with intellectual and developmental disorders (IDD) are further disadvantaged in the criminal justice system due to multiple reasons, often leading to the person with the disability being ignored or coerced in proceedings. One of the foundational issues is that people with intellectual and developmental disorders are not appropriately identified. The determination of whether an individual has an IDD varies by state, with a judge making the decision in some states and a jury in others. One commonality, however, is that the evaluators chosen to assess the status of developmental or intellectual disability are often not qualified to do so. They lack a nuanced understanding of the conditions they are to assess – for example, they are not aware that people with IDD sometimes deny their disability. In the Hall v. Florida case, the supreme court made the important ruling that individuals cannot be diagnosed solely based on the results of an IQ test, but more needs to be done to ensure IDD is accurately identified. False stereotypes about the abilities of individuals with disabilities systematized through unqualified evaluators often means people with disabilities do not receive the full protections offered to them by the law.

However, an accurate determination alone is insufficient to guarantee that the rights of people with IDD are upheld in the criminal justice system. During the judicial proceedings, individuals with IDD may be coerced or left out completely, both of which are problematic. Individuals with IDD may be forced or manipulated into making false admissions of guilt, at times due to their desire to please the questioner. Individuals with IDD may also waive their rights, such as when the Miranda warnings are read out by police officers, without fully understanding their privileges because the information was not presented in a comprehensible manner. The inappropriate assessment discussed in the previous paragraph also applies to deeming individuals with IDD competent to stand trial when they do not have an understanding of the proceedings. This offers further opportunities for individuals with IDD to be exploited. On the other hand, individuals with disabilities are left out of proceedings when they are capable of participating and when their testimonial is crucial. The silencing of competent individuals with disabilities is particularly detrimental when they are the victims of crime, who are seeking justice.

People with IDD are denied opportunities for redress due to stereotyped views of their disability, leading to higher likelihood of incarceration. They are also denied opportunities to correct the behaviors that lead to incarceration because they are not allowed alternatives to incarceration, such as rehabilitation. Once incarcerated, individuals with IDD cannot make use of the same opportunities to reduce their sentencing, as the process for doing so is not communicated in an understandable way. The American Association on Intellectual and Developmental Disabilities advocates for the full participation of individuals with IDD in proceedings, as well as the provision of accommodations that allows them to do so. They also recommend that an advocate specialized in disability be present at all times, in addition to the person’s lawyer, to bring a better understanding of the condition to the proceedings and ensure that the rights of the individual with IDD are upheld.

Fortunately, advocates are working to secure the rights of people with disabilities and ensure fair treatment in the judicial system. The Alabama Disability Advocates Program is one of 57 federally mandates protection and advocacy (P&A) programs which provide legal services and representation for people with disabilities. However, systemic efforts need to be taken to correct currently existing, crucial shortcomings like inadequate methods of identifying disability in courtrooms and schools. Accurate identification of disability and provision of accommodations is crucial in a society where schools are not doing enough to set all students up for success and the criminal justice system does not enforce the protections that people with IDD are entitled to. As mentioned in my previous article on the criminal justice system, it is possible, and necessary, for all of us to create change in this space by contacting local legislators and making our priorities as constituents clear to those who represent us.

Injustice in the Justice System: Issues of Access for People with Disabilities

The image shows the sculpture of a women holding scales, which is supposed to represent justice. In the background are the pillars of the Supreme Court of the United States. — Lady Justice before the Supreme Court of the United States, symbolizing impartiality and fairness. “Lady Justice” by justindc is licensed under CC BY-NC-SA 2.0

As Brady Mistic got out of his car, he was immediately met with the blinding glare of police lights. Being a person with deafness, Brady relied mostly on his sight to interact with the world around him, so the bright light was confusing to say the least. He moved towards the light to inquire about the disturbance. Within the next seven seconds, Brady would find himself shoved to ground and tased by the police as they barked commands that were completely inaccessible to him, even as he tried to communicate that he was deaf. Within seven seconds, Brady acquired three charges, including resisting arrest, and was sentenced to four months in prison. Within seven seconds, the police officers’ inability to identify the need for, and establish, alternate forms of communication lead to a physical altercation and incarceration. Although these charges were waived after almost two years, Brady’s story is indicative of a widespread, disproportionate impact of the justice system on people with disabilities.

In fact, while only 20% of Americans have disabilities, 32% of federal inmates and 40% of jail inmates report at least one disability. The difference in these numbers is no coincidence. In this and a subsequent article, we will see that people with disability are not only overrepresented in prison and jail systems, but also treated unfairly at every step in the process of incarceration and reintegration into society. This article connects Mistic’s inaccessible encounter with the police with a broader, systemic lack of accommodations in the criminal justice system; the second will focus on the school-to-prison pipeline for kids with disabilities and the experiences of people with intellectual and development disabilities.

Mistic and Accessibility in the Criminal Justice System

Mistic’s encounter with the police was not the only incident of law enforcement getting into a violent altercation due to their inability to communicate with a disabled individual. In 2017, Oklahoma City police fatally shot Magdiel Sanchez, an individual with deafness, after he failed to respond to verbal commands to drop the stick in his hand and get on the ground. He was later found to have not been involved in the hit-and-run case for which the police were called. Witnesses who were present at the time of the event were even yelling to the police officers, saying that Sanchez was deaf and could not understand their spoken words. The lack of appropriate communication and the haste in action which is evident in both of these cases points to an underlying deficit in police training. Despite the fact that individuals with any type of disability are legally entitled to receive the same access to legal enforcement services as people without disabilities, most of the training around disability and crisis intervention training programs are not mandatory and are focused on psychological disabilities. Law enforcement training is not comprehensive with regards to disability and fails to equip officers with the necessary skills to interact with people who have intellectual, developmental, or other types of disabilities, which can potentially lead to fatal consequences.

Sadly, the lack of access in Mistic’s interaction with the criminal justice system did not end at his encounter with the police. Mistic was denied an interpreter when interacting with his lawyer while in jail. Like other aspects of Mistic’s case, this too points to an institutionalized barrier that prevents people with disabilities from being treated justly. Inaccessibility in the court and prison system is rampant. This was evident in the case of Abreham Zemedagegehu, an Ethiopian man with deafness whose first language was Ethiopian Sign Language. He was not allowed an interpreter during his six weeks in jail, making it very difficult for him to hear announcements for meals, contact his friends and family, and receive medication for his back pain.

Through multiple lawsuits over the years, prisoners with deafness reported not being able to understand the prison-wide safety instructions, to take part in classes in prison, and to defend themselves in disciplinary proceedings because a sign language interpreter was not present. In 2010, a prison in Virginia became the first in the country to have a videophone after it settled a lawsuit by a group of deaf inmates. It is difficult to imagine that this basic mode of accessible communication for people with deafness was unavailable at one point in any prison in the US and is still not available in many prisons. The lack of accessible communication methods impacts the success of people with disability as they reintegrate into society as well. One individual with blindness had the opportunity to enroll in community college courses but did not receive appropriate accommodations during classes. Another individual with a disability sought to find out how to apply for social security benefits but was denied information by their counselor, who believed they should apply for a job instead.

The image shows a corridor lines on either side by prison cells. There are two levels of prison cells. The prison cells have metal bars from the floor to the ceiling, and also some metal bars running along the length of the cells. Some of the entrances to the cells are open. There are no people in the image. The image has a very grim and foreboding atmosphere. — Prison cells in Alcatraz, San Francisco. Source: Unsplash

Access to Health Services

Decreased access to medication and health services in prisons, as Zemedagegehu experienced, disproportionally impacts people with disabilities, risking the deterioration of health problems. When 91% of jailers report they have in their facilities individuals with serious psychological disabilities who are at risk of committing suicide, it becomes imperative – a matter of life or death – to ensure adequate health services are delivered in time. The status of accommodations is no better, as many prisons deemed essential accommodations (including wheelchair, prosthetics, exercise equipment, other assistive technology) as no longer “medically necessary” in order to cut costs. Health services are placed further out of the reach of inmates due to exorbitant co-pay rates, which can be as high as a month’s labor, and additional fees incurred by prosthetics and other accommodation. The results of these factors is best portrayed in a Bureau of Justice System study which looked into health issues of prisoners and jail inmates. Only two-thirds of participants reported receiving necessary medical treatment, whereas 11% reported that their illness was not being treated because they were not being given medication. While the overrepresentation of people with disabilities in jails and prisons may largely be attributed to unjust treatment of people with disabilities, it is possible that the conditions within the jails and prisons, including the lack of access to health resources, are contributing to the development of disabilities in inmates.

Perhaps the most shocking experience of Zemedagegehu during his time in jail is that he was forced to receive an injection, which he later found out was a tuberculosis test, after refusing to sign a medical consent form because it was not presented in a way that he could comprehend. This blatant human rights violation, of forced medical procedures and ignorance of patient autonomy, underscores the necessity of sweeping changes in the jail and prison system’s treatment of individuals with disabilities.

Inaccessibility in the justice system, however, is an issue not only for arrested and incarcerated individuals with disabilities, but also to citizens seeking justice. According to a Bureau of Justice study, people with disabilities are victims of violence at twice the rate as people without disabilities. Clearly, individuals with disabilities stand to benefit from the services offered by the court system, services which they are entitled to but cannot always access due to the failure of the criminal justice system in being inclusive to all members of the community.

The issues of inaccessibility discussed in this article violate the rights afforded to all individuals, including article seven of the Human Rights Declaration which promises that everyone is “entitled without any discrimination to equal protection of the law”. Reforms to the criminal justice system need to take into account the needs of people with disabilities at every level, from law enforcement to court systems to jails and prisons. Individual citizens can contribute to pushing for such reforms as well. Find your local legislators and advocate for issues of access in the criminal justice system by writing to or phoning their office. Recent prison reforms in Alabama, including a bill allocating approximately $800 billion to the construction of two new facilities that will reduce overcrowding in prisons, offer hope for progress. Whether or not accessibility becomes a priority in the future depends on you and I to organize, stand as allies, and demand change.

Disability Rights under the Taliban

Pictured is the Bamyan Band Amir road in the Bamyan province of Afghanistan. It is a black, winding path in the middle of pale yellow hills. — Bamyan Band Amir road in the Bamyan province of Afghanistan. Source: Unsplash

Imagine being confined to your home. Imagine not being able to go to work or attend school or play sports. Over the course of the past year, individuals across the world have experienced such limitations. While many are inching closer towards glimpses of life before these restrictions, for Afghans with disabilities, particularly women with disabilities, this is more likely to become an enduring reality.

Almost twenty years after their first regime, the Taliban is back in control of Afghanistan, raising concerns that the same violations of the rights of women and other minorities will be committed again (for a brief history of Afghanistan and the Taliban, visit a previous article on the IHR blog linked here). While no longer a minority in terms of numbers, the 80% of adults in Afghanistan who are disabled are already seeing these concerns materialize. Disability rights advocates are being targeted, with many fleeing the country out of a fear for their lives and many more desperately trying to do the same. In light of these events, this article explores the status of individuals with disabilities in Afghanistan before and after the Taliban came into power, and how their future might look.

Disability in Afghanistan

The war in the 1990’s devastated health systems in Afghanistan, leading to individuals with disabilities being neglected. After the Taliban was overthrown by the U.S. in 2001, there was an influx of international funding to help rebuild the infrastructure of the country. NGOs and other international organizations attempted to fill the gap in the health system by offering medical services, although the demand did, and continues to, exceed the supply. Moreover, reconstruction efforts in the country were not inclusive of people with disabilities, as bus transports, buildings and bathrooms were inaccessible which made it difficult for individuals with disabilities to navigate their daily lives outside of their homes. Afghanistan ratified the Convention on Rights of People with Disability in 2012 and even passed legislation in 2013 that was meant to safeguard the rights of individuals with disabilities to be included in society. Although awareness regarding disability has increased over the past two decades, and disability rights have been named a priority by the former government, much of the work towards this end has been carried out by NGOs, international organizations, and dedicated activists.

In addition to systemic barriers, the societal attitudes and stigma pertaining to disability is also a significant factor impacting the lives of disabled individuals in Afghanistan. Different kinds of disability are viewed differently, receiving varying degrees of negative attitudes. Congenital disability, or developmental disability, is considered a punishment to the parents for their past deeds. This problematic perception leads to discrimination against the individual with the disability, as well as their family, to such an extent that the parents tell others that their child acquired the disability as a result of the war. Amputees, on the other hand, do not face the same discrimination because they are assumed to be war veterans. One individual with a physical disability described to the Human Rights Watch her experience of this stigma: “Some time ago, my friends and I decided to go to the market in our own wheelchairs and shop ourselves. But people called us ‘grasshoppers,’ which is why we decided to stay at home.” Such accounts depict how the freedom and independence of individuals with disabilities is being curtailed not only by structural barriers, but also by regressive attitudes.

Disability under the Taliban

Benafsha Yaqoobi, a blind disability rights advocate and a commissioner at the Afghanistan Independent Human Rights Commission (AIHRC), stated in multiple interviews that individuals with disabilities will be discriminated against under the Taliban rule, experiencing severe neglect and even death. She is concerned about their access to basic human rights like food and shelter. Yaqoobi had to flee Afghanistan when the Taliban takeover seemed imminent. She described her traumatic experience in attempting to escape, as she heard gun fire but could not see where the guns were pointed or who got shot – or if it was her husband who was wounded. Her experience also highlights just one way in which war can have a disproportionate psychological, and physical, impact on people with disabilities.

Isabella Hodge, executive director of the United States International Council on Disability (USICD), told The Nation that there is also concern that stipends will no longer be provided to individuals who were disabled in war and that rehabilitation centers will close. Hodge strongly believes that individuals with disabilities will not be valued by the Taliban, saying that the “Taliban wouldn’t think twice about killing someone with a disability.” These concerns are reflected in reality when considering that 80% of suicide bombers of the Taliban had either a physical or psychological disability of some kind. Dr.Yusef Yadgari of Kabul Medical University attributed this statistic to societal stigma, due to which people with disabilities struggle to find employment to support their family. Out of both necessity for money and resentment, according to Dr.Yadgari, they are more likely to become suicide bombers. However, one cannot help but question how much value that the Taliban attributes to the lives of people with disabilities when they were willing to sacrifice so many for their cause.

With the Taliban’s rise to power, people with disabilities will likely have less opportunities to flourish. One stark example of this is that Tokyo 2020 Paralympic athletes from Afghanistan almost lost the opportunity to participate in the event because of the dearth of flight transport created by the turmoil in August. Fortunately, with the help of the international community, these athletes did manage to finally make it to Tokyo, although one athlete missed the event he was preparing for. Opportunities and freedom of people with disability does not seem to be a priority. Afghanistan’s National Sports Director for the Special Olympics Mohammad Jawed Hashmi echoed similar concerns in an interview with Reuters – that people with disabilities will be confined to their homes and isolated from the rest of society due to the loss of programs and initiatives like the Special Olympics (which works specifically with people with intellectual disabilities). Sports for individuals with intellectual disabilities is a great way to develop essential life skills like walking and eating. Zala Hashmi, a women’s coach in the country’s special Olympics organization, believes that the Taliban does not care enough for the success of these individuals to ensure the continuation of such programs. The grim situation is put best in Jawed’s own words: “we cannot support them, we lost them.”

A girl with a prosthetic limb, donning a black dress and a determined expression, walks through the ward of a rehabilitation center in Afghanistan. The ward has light blue walls, and there are other individuals with disabilities sitting on benches that line the wall. There is a support beam in between the girl and people sitting on the benches. — “Learning to walk again with support from UK aid” by DFID – UK Department for International Development is licensed under CC BY-NC-ND 2.0

Women with Disabilities

Women with disabilities experienced intersectional discrimination in Afghanistan long before the Taliban came into power. They are often considered a burden to the family and are considered not fit for marriage, consequently increasing their likelihood of being subject to violence both in and outside the household. Women with disability are also more likely to be sexually harassed when seeking government assistance or employment. One individual in an interview with the Human Rights Watch said, “the ministry employee told me that I can get this certificate only if I agree to be his girlfriend”. The status of education of girls with disabilities is not any more promising. In a Human Rights Watch report, a disability rights advocate describes the pushback from schools in accepting girls with disabilities: “The schools do not want girls [with disabilities] to go to the classes. Usually, they argue that they are not normal people so they cannot sit in the classrooms and learn like other students.” In addition to this stigma, public schools are not wheel-chair accessible, leaving some kids out of the classroom and other school related activities, while few private schools enroll people with disabilities at all. Moreover, schools are also often far and difficult to reach without dedicated transportation, which is often not available.

These inequities for women with disabilities are likely going to be exacerbated under the Taliban. While the Taliban promises that they will uphold the rights and freedom of women, their actions so far have not conveyed the same message. Women have been removed from their jobs, which has been particularly devastating in cases where they are the sole earners in the family. Women have already been told to stay at home for security reasons, an excuse that sounds eerily similar to the one they provided during their time in power in the late 1990s as they imposed oppressive restrictions on women. This confinement will be particularly detrimental for women with disabilities, compromising their access to rehabilitative services and other beneficial activities like sports. Nilofar Bayat, a women’s rights activist and captain of national wheelchair basketball team, expressed deep concern about girls with disabilities not being allowed to play sports, saying their disability will become more severe without the activity. In addition to this, the barriers to education for women with disabilities will also increase under the Taliban, who completely banned education for women during their previous regime.

Support for People with Disabilities

Disability rights activists in Afghanistan are being targeted due their association with the United States, leading to a decline in supportive services offered to individuals with disabilities. The United States International Council on Disability (USICD) reported that around 50 disability rights advocates are currently in danger of being attacked by the Taliban and are in urgent need of evacuation. Many of them participated in a conference on disability rights organized by USICD and the Afghanistan embassy in 2017 and received grant funding from the U.S., putting them in a precarious position. One advocate describes severe persecution, being forced to move from one house to another to avoid being captured after the Taliban launched a grenade into his house and attempted to find him at his organization’s office. He told The Nation that the Taliban believes advocates are spying for the US because they received grant funding from the U.S. The evacuation plan of the US did not account for the needs of people with disabilities either, as multiple disability rights advocates were unable to make their way around Kabul airport. One amputee had to return home due to extreme pain. Afghanistan’s National Sports Director for the Special Olympics Mohammad Jawed Hashmi believed the Taliban was searching for them as well, coming to their offices and damaging their property. All this points to the fact that disability advocates will find it increasingly difficult to play their crucial role in supporting the disabled community. For example, initiatives to make bathrooms more accessible, to provide rehabilitation, to conduct vocational training, and to provide trauma care service for land mine victims all are at risk of being lost. The champions of the rights of individuals with disability are being silenced.

Disability rights activists are not the only ones facing difficulties in continuing operations – humanitarian organizations too are struggling to continue providing their essential services. The United States Agency for International Development (USAID) reported that approximately three-quarters of organizations faced challenges in providing aide since August. The Taliban has a history of actively clamping down on organizations providing humanitarian aid and health services as well, banning the Red Cross and WHO in 2019 from operating in its territories after claiming they were carrying out “suspicious” activities and not sticking to their mission. They have since lifted the ban, and Red Cross is providing services currently, but this incident sets a chilling precedent to the relationship we can expect to see in the future between the Taliban and international aid organizations. In addition to this, a Human Rights Watch review reported that the increase in conflict since 2016 has led to increased difficulty in collecting data from rural areas. This is likely to be the case in Afghanistan’s current state of turmoil, making it difficult to assess the needs of people with disability and whether they are being addressed.

In a recent report, the International Committee of the Red Cross stated that health systems in Afghanistan are on the brink of collapse, partly due to a decrease in funding. While the services provided by aide organizations and advocates are far from being able satisfying the immense demand, and by no means replace systemic efforts to rectify the situation, the role of advocates and aide organizations is undoubtedly more important than ever to ensure people with disabilities are not neglected.

The Taliban take-over might deconstruct the existing structures, but there is no guarantee that that they will build them back, let alone build them back better. It is disheartening to know that the violations minorities experienced under the Taliban occurred for more than five year and would have continued for longer if the US did not invade in 2001. My point is not to comment on the merit of the “war on terror” but to point out the more prolonged, devastating consequences that could have occurred in the past, and that very well may occur in the foreseeable future, due to insufficient action by the international community. The international community needs to mobilize resources to aid those who are disproportionately impacted by this transition. You and I can contribute to bettering the situation in Afghanistan as well. Consider donating to trusted humanitarian aid organizations, like the Red Cross, UNICEF, and UN Women, that are doing essential work on the ground. Humanitarian aide itself, however, is insufficient – foreign governments need to increase pressure on the Taliban to guarantee the rights and well-being of marginalized communities.