The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.
One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future.
Lemon v. Kurtzman (1971) | Introduction of the Lemon Test
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Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.
What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:
The piece of legislation must have a secular purpose;
The piece of legislation must not advance or prohibit the practice of religion;
The piece of legislation must not force the government into “excessive entanglement” with religious affairs.
If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test.
Wallace v. Jaffree (1985) | Application of the Lemon Test
Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.
This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause.
Oregon v. Smith (1990) | Introduction of RFRA
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This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3.
In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.”
However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional.
However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”
This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications.
Burwell v. Hobby Lobby (2014) | Application of RFRA
In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.
Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year.
Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes.
The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.
What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means.
Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test
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The last case we shall discuss is one that has been all over the media recently:Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.
Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.
However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”
What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.
Summary
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As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.
However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right.
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
Image 2 – Source: Yahoo Images
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.
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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
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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.
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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.
With the start of quarantine in 2020 and the rise of the social media app TikTok, many activist movements come to light and shed knowledge on the horrific injustices. One of the most prevalent examples is the Black Lives Matter (BLM) movement in 2020 and the period following it; it has become crucial for individuals to speak out against injustices. In a sense, it is part of “cancel culture” not to speak out, or if you speak out on the incorrect issues. As important as that is, it has been observed that many liberals and progressives only stand against injustices for specific issues. In a way, it involves choosing who is more worthy of having their rights protected. This may seem like an extreme notion or definition of selective activism, but it is essential.
The idea of selective activism was first introduced to me while reading “Except for Palestine: The Limits of Progressive Politics” by Marc Lamont Hill and Mitchell Plitnick. Even though this book specifically regarded the issues of Palestine and Israel, it dealt with an extremely important point and message; when we label ourselves as activists, we must be activists in all important issues. This is not to say that selective activism is always done intentionally; sometimes, it is by mere mistake or lack of knowledge on various issues. Everyone is guilty of this. Sadly, there are so many human rights injustices in our world that it is impossible to dedicate all your time to fighting for them. But what one can do in these situations is to be cautious of all issues at their prevalent times.
Source: Yahoo Images
What is Selective Activism?
Selective activism is closely linked to the idea of selective hearing, only hearing what you want to hear. Its advocating for specific things only. The best way I have found to explain selective activism is through this quote in the book: “progressives and liberals who oppose regressive policies on immigration, racial justice, gender equality, LGBTQ rights, and other issues must extend these core principles to the oppression of others.” Some questions arise when speaking of selective activism; how do we choose? What makes one cause more worthy than another? The answer is simple. There are always causes that we feel especially connected to and that we constantly advocate for, but what is essential is that if one labels themselves as an activist, progressive, or humanitarian, then this needs to apply to all issues. If one is going to protest the killing of innocent individuals in America, then the same support must be shown to women in Iran. If one is going to advocate for Ukrainian refugees, then activism must be shown to MENA refugees and those whose countries are still under occupation. Ravyen Monroe, a writer for Affinity Magazine, explained it perfectly: “You can’t be an activist but stop advocating for certain groups when you get mad. You don’t get to pick and choose who is worthy of respect and who gets degraded by terms that have oppressed them for centuries…That’s not how activism works.”
Source: Yahoo Images
Instances of Selective Activism
The most recent example of selective activism can be the world’s response to the Ukrainian refugee crisis compared to refugees from the MENA region (see blog on this topic here). Although what Ukrainians are going through is indescribable and is seen as an urgent humanitarian crisis, the problem is selective activism. The attention given to Ukrainian refugees was commendable. They were given the necessary aid and protection as needed. However, the same support was not extended to refugees from the MENA region. An Armenian writer explained this as a betrayal and stated, “it hurts to feel that certain people are prioritized in the eyes of the media, and thus, the world.” This type of selective activism is not limited to political activism and can also be seen in environmental activism. For instance, climate change activists. Many took the stance against using plastic and began investing in metal straws once it became a trend but continued to utilize plastic throughout their lives.
Impact of Selective Activism
Selective Activism has negative implications and effects on the world, like the forgotten issue of the Yemen crisis, Islamophobia in European countries, refugees, etc. The list is long and never-ending. Despite the many important human rights crises in the world, some face extreme critical conditions that tend to be forgotten. Many become activists when issues are trending, yet will forget about them once they are off the mainstream media. As illustrated, it is not possible for one to advocate for every cause or injustice. But, if one labels themselves an activist and sees many prevalent issues but ignores it, then that is participating in selective activism. An inclusive solution would be to continue the fight for human rights for all and to stay educated. If there are specific humanitarian causes important to one, make sure you are advocating for all the individuals affected. Below are books, movies, and resources that expand upon the notion of selective activism.
Source: Yahoo Images
Books:
“Except for Palestine: Limit on Progressive Politics” By Marc Lamont Hill & Mitchell Plitnick (This book opened my eyes to the idea of selective activism and its existence)
Movies:
Many movies educate one on the many humanitarian causes. My favorites are:
Syria and Turkey have been impacted by one of the deadliest earthquakes that have been seen in the Middle East-North Africa (MENA) region. The death toll has surpassed 20,000 and continues to rise considerably, not accounting for the thousands injured. Some of the areas this earthquake has hit are some of the most vulnerable areas in the world. The conditions in both countries are indescribable; with homes destroyed, hospitals at capacity, and limited supplies, the need for help has become critical. It was noted that due to the destruction of the hospitals, and the lack of staff and supplies, patients have had to receive medical attention on the hospital floors. At this point, any type of aid is scarce in both countries. It is vital that everyone supports in any possible way. At the end of this post, you will find numerous links on how to help, whether through donation, reading, reposting, etc. Anything you can do to help is urged. Pass these resources along to your friends, family, colleagues, etc. The most minor contribution makes the most significant difference.
Source: Yahoo Images
What is Happening?
An earthquake with a magnitude of 7.8 struck early Monday morning at 4:17 AM in the Turkish city of Gaziantep, 150 miles away from the Syrian border. This earthquake led to more than 300 aftershocks that rumbled, with one following the initial earthquake just 9 hours later at 1:25 PM and carrying a magnitude of 7.5. Earthquakes are measured using a magnitude scale ranging from 2.5 or less to 8.0 or greater. The Turkey-Syria earthquake reached a magnitude of 7.8 following a shock of 7.5. Meaning this was a significant earthquake that yields severe and destructive damage. This has been one of the worst earthquakes to hit the region since the early 1900s. Along with the destruction of this horrific disaster, the regions are currently facing a winter storm. The temperatures in both Turkey and Syria have dropped tremendously to below 21 degrees Fahrenheit. Rescuers have noted that the weather conditions are so bad that those trapped under the rubble have been found frozen to death.
Source: Yahoo Images
Who is Sending Aid?
Two days have passed since the initial disaster, and the death toll continues to rise. Turkey currently has tens of thousands of rescue teams and aid personnel helping to search for survivors. More than 24 countries have sent aid, help, or rescue teams to Turkey to rescue as many people as possible. With the window closing for the survival of the many lives still stuck under the rubble, the rescue teams are still not losing hope and asking for aid and help. With all the help being given to Turkey, there is an absence found in Syria. Many political and logistical issues hinder aid from being given to Syrians. Since the Syrian Civil War, many countries, such as the EU and USA, have posed sanctions on Syria, and many border points are blocked. At this time, many are urging the sanctions to be removed as it hinders aid to Syria. In times of crisis, we can look to our governments for help, but that is not the case for the Syrian people, which is why it is so critical and necessary to support any in any way you can. Syria is still undergoing and recovering from a Civil War that has been happening for the last 10 years. Many Syrians have been displaced and have become refugees, most residing in Turkey, making the country the world’s biggest refugee host country, with over 3 million Syrian refugees living there. El-Mostafa Benlamlih, UN Resident and Humanitarian coordination for Syria stated: “Sadly, needs are rising rapidly in Syria, and not everyone who requires assistance is visible. Over 75% of all sub-districts in the country are classified as being under severe, extreme, or catastrophic conditions…We must act quickly to ensure more communities do not slide into an inescapable loop of deprivation and negative coping mechanisms.” The areas of Syria affected are some of the worst. Millions of individuals were already displaced in the northwest portion of the country house. With aid in Syria already being scarce, there are many worries and urgencies surrounding the need for humanitarian care.
Source: Yahoo Images
Recommendations:
It is urgent that you can do anything you can to help. Whether that is donating $1, reposting a donation link, or just speaking about it. The current condition these people are living in is unimaginable, so it is vital to help in any possible way. A Syrian journalist has spoken about his experience and current grief. Mohammad Haj Bakri lost multiple family members due to this national disaster. His brother and his three children, his sister and her son, all died under the rubble of collapsed buildings. Although there is international support and awareness for those affected by the earthquakes, I urge you to support them still as much as possible. The aid given to these survivors will be for the current time and post-quake. Below are links to donation sites, articles on how to help, and additional links with information on the conditions.
This article showcases which donation links to use; check out Charity Navigator and GuideStar to ensure that the non-profits you donate to are reliable.
This article exemplifies the urgency of supporting the people of this horrific disaster. This piece explains the stories of those who went through the earthquake, had family members present or had their loved ones die.
A humanitarian aid organization that operates in the rebel-controlled areas of Syria, also known as Syria’s Civil Defense. They are the leading group for helping victims and displaced persons throughout the Syrian Civil war. You can find the link to donate here.
There are countless humanitarian groups accepting donations for those affected by the earthquake. For more resources, check out the links below:
“An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.” Dr. Martin Luther King, Jr
Source: Yahoo Images
On this day, January 16, 2023, we remember a man known as the champion of human rights, Civil Rights Leader, Dr. Martin Luther King, Jr., who would have been 94 years old had he lived. As the leader of the Civil Rights Movement, Dr. King dedicated his life to advocating against racial discrimination and injustice. Through multiple death threats, the bombings of his family home, enduring physical attacks and being stabbed, until his assassination on April 4, 1968; Dr. King remained committed to the principle of non-violence. He was only 39 years old when he was killed.
Dr. King believed in the universality of human rights for all and acknowledged that, “Injustice anywhere is a threat to justice everywhere.” What better way to begin a blog about “Human Rights Day” and the “Universal Declaration of Human Rights”, than on the day we commemorate the birth of a man who used his voice, and ultimately risked his life in pursuit of equal rights for all of humanity,
Source: United Nations
Seventy-five years ago, the United Nations adopted the Universal Declaration of Human Rights on December 10, 1948, at a General Assembly meeting in Paris. The UDHR was created to formalize a global standard for human rights across the world. Annually, on December 10th, a day which commemorates the passing of the UDHR, the UN acknowledges this day as Human Rights Day.
What is the Universal Declaration of Human Rights?
In less than half a century, the Universal Declaration of Human Rights (UDHR) has come to be regarded as possibly the single most important document created in the twentieth century and as the accepted world standard for human rights. Referred to as a milestone document in the history of human rights, the UDHR is a collaborative effort of experts from the legal and cultural fields from around the world. The goal was to create a document which rights would be acknowledged globally and would serve as protection for all people living within any nation across the world.
Timeline for the Universal Declaration of Human Rights
On April 25, 1945, on the heels of World War II, representatives from fifty nations met to “organize the United Nations” in San Francisco, California. On June 26, the representatives adopted the United Nations Charter, Article 68. The purpose of this article was for the General Assembly to “set up commissions in economic and social fields and for the promotion of human rights.”
In December 1945, Former First Lady Eleanor Roosevelt was appointed by then President Harry S. Truman to the United States delegation to the United Nations. UN Secretary-General Trygve Lie, appointed Roosevelt to the commission and with the task of creating the formal Human Rights Commission (HRC).
In February 1946, a “nuclear” commission on human rights was created by the United Nations Economic and Social Council (ECOSOC) and its job was to recommend a “structure and mission for the permanent Human Rights Commission (HRC)”.
In April 1946, Roosevelt was nominated to be the chair of the HRC. The ECOSOC gave the HRC three tasks to complete: “a draft International Declaration, a draft covenant, and provisions for the implementation.”
On December 10, 1948, after convening with “representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris (General Assembly resolution 217 A).
One might think, we have come far in our efforts to afford equitable attainment of human rights to all people across the world. While we, collectively have made strides, we still have a long way to go to free the world of human rights violations. According to the Institute for Human Rights and Business, listed below are the top 10 human rights issues in 2022.
Redesigning supply chain
Personal Data Tracking & Tracing
Stranded at Sea
Wage Abuse
Office and Work Place
Forced Labor
Climate Change
Racial Matters
Standards Fragmentation
Transition Finance
These issues are reflective of the ongoing and unprecedented impact of COVID-19.
How to Participate in Human Rights Day on December 10th and beyond
Your college experience is full of opportunities to grow and learn, academically, socially and even politically. You will meet people from varying backgrounds and having lived experiences which may be foreign, pun intended, to you. So on Human Rights Day, what can you do to support the initiative? Well, the college interns at the United Nations Association, came up with 10 Ways to support Human Rights Day. Hopefully, you will be inspired to do one.
1. Pass a student government resolution: Work with a member of your student government or student council to pass a resolution in honor of Human Rights Day.
2. Write an op-ed or article in your school’s newspaper: School newspapers can be a great place to talk about the importance of human rights around the world.
3. Stage a public reading: Set up a microphone in your student center or, if the weather’s right, outside and read the Universal Declaration of Human Rights in full.
4. Set up a free expression wall: Set up a blank wall or giant piece of paper and encourage your friends to write about what human rights mean to them.
5. Make a viral video about human rights day: Film your UNA chapter kicking it Gangnam style to celebrate human rights and put the video online: it’ll go viral in a matter of minutes.
6. Start a Facebook campaign: Encourage your friends to change their profile pictures to an individualized Human Rights Day banner.
7. Hand out t-shirts and other gear: If you have the funds, buy t-shirts, sunglasses, or even 90’s-style sweatbands featuring a slogan about human rights to give to your classmates.
8. Coordinate an extra-credit lecture: Work with professors in the history department, the law school, or the international relations program to host a lecture about human rights, and work with other professors in the department to get attendees extra credit—trust us, your friends will thank you.
9. Hold a candlelight vigil or other commemorative event: While it’s important to have fun, human rights are serious business. Consider holding a vigil or other event to commemorate those who have suffered human rights abuses and those whose human rights are still violated.
10. Hold a talent show, dance, or party: Big social events are a great way to bring awareness to an issue, so why not have a human rights-themed party? Free admission if you dress up like Eleanor Roosevelt or Ban Ki-Moon. Also, here are two organizations you can support: Free and Equal and He for She.
Former President of South Africa, Nelson Mandela once said that, “To deny people their human rights is to deny their very humanity.” For the past 75 years, the UDHR has existed to ensure that our human rights are not violated, and if they are that there is accountability on a global stage. We all deserve the right to live freely and uninhibited, the freedom to love who we want and practice the religion of our choice. We must work together as a humanity to ensure that protecting our human rights continues to be a priority.
Let us work together to transform his dream into reality. Beyond this nation of the United States, let us work collectively to ensure equal and equitable rights for ALL women, men, and gender nonbinary humans. Protecting human rights was a priority for Dr. King. On November 3, 1967, just a few miles away from this campus of UAB, Dr, King wrote his infamous ‘Letter from a Birmingham Jail” to the Clergymen.
Martin Luther King Jr. in Jefferson County Jail, Birmingham, Alabama, November 3, 1967 Fair use image“While confined here in the Birmingham jail, I came across your recent statement calling my present activities “unwise and untimely… I am in Birmingham because injustice is here… Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”
Dr. King reminds us that “The time is always right to do what is right” and that we as a humanity must ensure that the single garment of destiny is threaded with equal rights for all humans for this is the only true way forward. In the spirit of Dr. King, we must work to ensure that the rights of ALL humans are acknowledged, respected and protected by law, and not just on Human Rights Day, but every day, and everywhere across the globe.
My mother is the youngest of 5 Indian daughters, all of whom are PhDs, professors, researchers, and educators. My grandfather, a lawyer, raised her, and like clockwork, he repeated that knowledge is akin to clay, a necessary foundation for anyone’s house of decisions, thoughts, ideologies, and actions. Because of this, nothing was more important than my education and, later, my brother’s education.
The right to knowledge that my upbringing revolved around is synonymous with the right to choose, the freedom of expression, and the right to read – all rights outlined directly or indirectly in the United States Constitution and subsequent Supreme Court decisions justified by the First Amendment.
Despite the First Amendment’s protection, book bans in schools are threatening this right to knowledge for students. Within the last 2 years, books of all literary and historical acclaim, including modern literature, have been banned at an unprecedented rate in an alarmingly organized manner in public school districts.
When people lose their right to this knowledge and succumb to political pressure, it will be a day in history representing humanity losing its most powerful tool to stand up for justice.
Woman looking through book spines in a bookstore. Source: Unsplash
Like all examples of institutional limitations, the most influential books, which have the potential to cause revolutions, are also the most restricted. Uncle Tom’s Cabin by Harriet Beecher Stowe was banned in the Southern United States in 1852 and is traced back as the first example of a book ban. Stowe, a ferocious abolitionist in the North, wrote this book prior to the Civil War to rally abolitionists and swing individuals against the South’s slavery. Since the Constitution was written, Northerners decried the South’s defense of slavery. Uncle Tom’s Cabin was a powerful tool that amplified the voices of abolitionists across the country; they believed that slavery was a legal injustice in the Constitution that needed to be removed. Plantation owners, however, were able to pull strings and remove the book from circulation in the South, fearing the loss of economic and racial security that slavery gave them.
A hand fisted upward with a rope wrapped around the wrist. This is a symbol of Juneteenth, the national celebration of the emancipation of slavery. Source: Unsplash
One of the first instances of controlling students’ access to books was after the Civil War. The Southern United States restricted access to textbooks that painted the South’s intentions and actions poorly amid the Civil War. An advocacy group in the South referred to as The United Daughters of the Confederacy felt that the control of what information their children were learning during school was beholden to the rights of parents. In 1954, they removed The Rabbits’ Wedding, a novel centered around a black rabbit marrying a white rabbit. They feared it would normalize interracial marriages, a taboo act at the time.
In direct opposition to school censorship, the Supreme Court ruled that school boards “cannot remove books from school libraries just because they dislike the ideas contained in those books” in the landmark 1982 Island Trees Union Free School District v. Pico case. The Island Trees Union Free School district removed titles it deemed “anti-American, anti-Christian, anti-Semitic, and just plain filthy.” In conjunction, the Supreme Court also ruled that students retained their First Amendment rights to the freedom of speech and expression in school in the Tinker v. Des Moines case. If we follow the court, censorship is illegal in the U.S.
Young students listening to a teacher or speaker in their school classroom. Source: Unsplash
Over 1600 books have been banned nationwide. Most of them are fiction and illustrate the lives of the LGBTQ+ community and people of color. In the past, book bans originated from a small scattering of parents making personal requests to remove a few books from circulation or restrict their children from reading them. Today, the opposition is still a minority, but they are organized with structured advocacy groups taking center stage at school board meetings demanding specific books to be removed from circulation. Some of the most banned books, like The Hate U Give by Angie Thomas, is a novel centered around a black teen who witnesses her black friend get shot by a white police officer. Another is The Absolutely True Diary of a Part-Time Indian by Sherman Alexie, which discusses the life of a Native-American teenager aspiring to be a cartoonist in an all-white school. Essentially, the most targeted books discuss life outside the white picket fence of middle-class white suburbia.
A collection of books that have been banned or proposed to be banned on a wooden shelf. Source: Flickr
What do supporters of book bans hope to achieve?
Ellen Hopkins, the author of the Young Adult poetry verse book Crank, is one of the most banned authors in the United States. She feels that parental rights and concern for children’s safety are a smokescreen behind anti-book advocacy groups’ motivation. Hopkins implores that books provide kids with the opportunity to solace in information about their identity and find consolation that they are not alone. They also prepare children for life in the real world by exposing them to situations they might otherwise encounter. Thus, books are a tool for the development of holistic decision-making skills. Removing these opportunities leaves kids with little chance to make better decisions when confronted with situations they are not familiar with. If the child is BIPOC or queer, removing books that have become championed narratives from the respective community isolates them and invalidates their experiences.
Parents often find these books on lists circulating online and present them to their children’s school districts claiming there is offensive or inappropriate content that compromises their children’s innocence. PEN America has found that parents who appear at the board of education meetings en masse and are armed with arbitrary lists of books have rarely even read the books to understand their significance. Descriptions of “obscenity” are affixed to titles as a fearmongering tactic to cultivate reprobatory characterizations of these books as they quickly make their way through advocacy groups’ websites and Facebook to radicalize those that come in contact with these types of posts. Such inflammatory language, which is not considered legally acceptable, elevates a small minority of individuals into a vocal majority to force school boards to comply.
A group of adults in a meeting with notebooks listening and taking notes on the speaker. Source: Unsplash
Solutions to Book Bans
Banned Books Week stands as a beacon of hope against the dark wave of censorship. This week celebrates suppressed voices in literature and amplifies authors’ messages through community outreach, and fosters national collaborations. However, progress is made in consistent steps, not leaps.
On a smaller scale, there are many tools you can use in your community to combat literary censorship. Community members, feed off each other’s ideologies, and to mellow the extreme views of this vocal minority, the first step is to provide outlets for conversation. The vocal minority advocating for book bans can be confronted and overcome when faced with the majority opposed to them or their thinking. You can make your presence felt at school board meetings. Show up and voice your opinion and advocate for others to do so over social media. Vote for your local boards of education, library boards, and city council elections. If you want to, run for these board positions yourself or directly appeal or lobby your legislative representatives and defend the importance of all content in books. Unite Against Book Bans also provides communities with toolkits that include essential questions and moderate answers that consider the argument of parental rights while protecting the First Amendment.
In all, I am grateful for the circumspection that my mother and my family’s push for education provided me with. Not only hard skills, but also the ability to think for myself, to derive my own opinions, and to be mindful of how I act and react to new information. My freedom to read and speak gave me a powerful voice that must be available and fostered in everyone.
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.
With the increase in world crises, others become forgotten. Seven years and the Yemen Crisis is still one of the worst humanitarian crises in the world. Unnoticed, unseen, and unheard, the cry for help from the suffering in Yemen has been largely forgotten. Yemen has always been the most vulnerable country in the Middle East, even prior to the 2015 Civil War. With the worst rates of malnutrition, more than half of the Yemeni population has been living in poverty with limited to no access to resources need to live. With such an important, detrimentally impactful crisis, why has there been silence surrounding solutions?
Source: Yahoo Images
Why is there a Crisis?
The Yemen Crisis began with a civil war between the government forces and the Houthis, also known as Ansar Allah. In the past seven years, the residue of the civil war in Yemen continues to worsen tremendously. The conflict has been between the internationally recognized government, backed by the Saudi government, and the Houthi rebels backed by Iran. The war was caused by many factors. Given that Yemen was already one of the poorest Arab countries, any change would cause a political division. These factors include fuel price increasing, the Houthi rebels taking over and causing a military division, and the involvement of Saudi Arabia. Many countries have gotten involved – not to solve the crisis, but to pick the side supporting its agendas and send military equipment and personnel in support of these goals. This has left civilians in grave danger.
Source: Yahoo Images
Conditions of the Crisis
The country’s humanitarian crisis is said to be among the worst in the world, due to widespread hunger, disease, and attacks on civilians. There have been around 6 million individuals displaced from their homes since the beginning of the catastrophe. There are 4.3 million civilians internally displaced. As of 2021, Yemen had one of the largest numbers of internally displaced people (IDP) in the world. Many IDPs have been living in a constant state of fear and suffering. Being in a state of exile, having insufficient environmental and living conditions, they have no access to the resources needed to survive day to day. In addition, food insecurity, lack of clean water, healthcare, and sanitation services have caused tremendous issues for countless of civilians still living in Yemen.
Women and Children
In the heart of the crisis, the most affected have been found to be women and children. With the state of the country, inflation, along with scarcity of economic opportunities, many families can no longer afford basic meals, leading to high cases of starvation. Further, many cases of gender-based violence, exploitation, and early marriage are on the rise. Malnutrition rates for women and children in Yemen are the highest in the world. About 1.3 million breastfeeding and pregnant mothers are in need of treatment for malnutrition. There have also been found problems with children being forced to fight in the war. In 2019, there were 1,940 children fighting as soldiers.
Source: Yahoo Images
Mental Health
Mental health in Yemen has deteriorated over the causes and outcomes of the conflict. Individuals have dealt with losing family members and friends, their homes, suffering from displacement, violence due to war, food insecurity, unemployment, diseases, torture…the list can go on and on. With all these factors causing grief then leading to long term depression, individuals in Yemen are not able to seek the proper resources needed. There are about 30 million people living in Yemen in 2020 but only 59 psychiatrists. Meaning, for every half a million, there was only one psychiatrist. With the mental health stigmas already a huge concern in the Middle East, many individuals either do not know they need mental health services or are not allowed to seek them. For instance, women have to ask for permission from their families, particularly their husbands, in order to seek mental health services.
What is the World doing?
The United Nations (UN) has backed and presented peace negotiations, but it has only seen limited progression. The UN found that regional actors involved in the conflict have played a strong role in slowing down the peace process. Observers of the crisis see that the involvement of Iran, Saudi Arabia, and the UAE, have prolonged the war and worsened its conditions. The response of the world needs to strengthen when dealing with the Yemen crisis. As we have seen support from the world given to the Ukrainian crisis and the crisis in Afghanistan, as a whole, a change is possible. The most important thing we can do is talk about the crisis. This has gone unheard, but with a collective voice we can urge and find a solution.
Source: Yahoo Images
What can you do?
The best thing you can do regarding the Yemen crisis is to educate yourself, engage in conversations, and make others aware of what is happening. Below are a list of books and sources to keep you updated in ways you can help.
Note from the author: This blog was written to accompany the social justice cafe on Wednesday, November 30th at 4:00 pm on zoom. To join, sign up here. Alongside this event, this post focuses on an international scale while the recent post by Maya Crocker focuses on transitional justice in the United States.
Forgiving and being reconciled to our enemies or our loved ones are not about pretending that things are other than they are. It is not about patting one another on the back and turning a blind eye to the wrong. True reconciliation exposes the awfulness, the abuse, the hurt, the truth. It could even sometimes make things worse. It is a risky undertaking but in the end, it is worthwhile, because, in the end, only an honest confrontation with reality can bring real healing. Superficial reconciliation can bring only superficial healing.
Archbishop Desmond Tutu
Figure 1: Source: Flickr, John Mathew Smith; Archbishop Desmond Tutu in Washington, D.C., 1999.
What is transitional justice?
Transitional justice (TJ) refers to a set of judicial and non-judicial processes addressing previous injustices of authoritarian regimes (or multiple perpetrator groups) and establishing rule of law. Transitional justice has several aims and synthesizes aspects of punitive and restorative justice.
According to the United Nations Office of the High Commissioner on Human Rights (OHCHR), these aims include:
Providing recognition to victims
Building trust between citizens and state institutions
Reinforcing the rule of law
Committing to human rights and building solidarity with victims
Reconciliation between victims, perpetrators, and bystanders
Preventing new violations
But only characterizing transitional justice through its aims would not highlight the transformative effect this approach attempts in states where massive or systematic violations have occurred. While providing redress to victims and undertaking prosecutorial avenues as practical solutions, this approach also takes a strategic initiative to change the political systems, conflicts, and conditions that contributed to violations occurring in the first place.
This field first emerged in the 1980s and early 90s in response to the drastic political changes in Latin America and East Europe. Human rights advocates and citizens alike questioned how and what kind of redress should occur in the wake of widespread and systematic violence. Fears over disrupting political changes by pursuing indictments of former leaders were salient: how could justice exist without compromising democratization?
Thus, “transitions to democracy” and “justice” intersected and involved multiple processes to be sensitive to these concerns during a critical period in the country.
Truth Commissions: ad hoc commissions of inquiry established in, and authorized by, states for the primary purposes of investigating and reporting on key periods of recent past abuse.
Amnesty: a pardon granted to perpetrators, usually granted to those who comply with truth commissions and offer testimonies
Purges, lustrations, and security reforms: (1) removal of known collaborators of oppression from office and state institutions, (2) process of vetting personnel in state institutions, (3) transformation in state institutions involved in repression, like the military, police, judiciary
Reparations: state-sponsored initiatives that aim at repairing, on a massive scale, the consequences of past abuse experienced by certain classes of victims, including material and symbolic benefits
Gender Justice: focusing on the intersections of human rights abuse and gender during a period of repression, fact-finding initiatives to establish the nature of gendered abuses
Memorialization: museums, memorials, and other means of preserving the public memory of victims and raising moral consciousness about past abuse
Ultimately, TJ is a context-specific process that crucially (and historically) is led by the nation where the violations happened.
Specific attempts at transitional justice: the good and bad
Bolivia:
Days after the restoration to democracy in 1982, the government created the National Commission of Inquiry into Disappearances. No reports or prosecutions were produced. In 1986, prosecutions began against the former military leader, General García Meza, and some of his officers. The trial was not complete until 1993, by which point Meza had gone into hiding to avoid a 30-year sentence for torture and murder. Notably, this court case rejected pardons for those convicted of crimes against humanity.
Uruguay:
After a 12-year military rule in 1985, the new government avoided truth commissions. Instead, President Sanguinetti issued a pardon (1986) to all soldiers and officers of the previous regime, with no distinction as to those who followed orders and those who gave them. He claimed this was the ‘safest path’ but ‘not a moral decision,’ highlighting that TJ attempts are not pursued in every situation. This is often a result of corruption and officials often rely on a dialogue of ‘national reconciliation by granting large amnesties but failing to pursue any other TJ processes, essentially dismissing victims’ realities. Victims were denied any form of reparation and violators remain in high office in the police and military. An official Commission for Peace was established in 2000 under President Jorge Batlle with the official report released in April 2003 confirming that the military dictatorship was involved in some of the disappearances.
Chile:
This history of Chile’s dictatorship and eventual prosecutorial redress can be read about in my next blog. Part of the reason for the near-decade gap between the restoration of democracy (1990) and Pinochet’s arrest (1998) was due to Pinochet’s change of the constitution during military rule. Not only did he pardon himself and his torturers in 1978, but he enshrined legal protections from purges and lustration attempts. Nonetheless, Chile has engaged in memorialization and reparations in the cases of successful prosecution of former DINA police.
El Salvador:
A Commission on the Truth of El Salvador was established in 1991, led by three international jurists and staffed and financed by the United Nations. While only fully investigating 33 disappearances out of the reported 22,000, the commission did identify 40 individuals connected to the armed forces and involved in crimes against humanity. Additionally, the Commission was able to confirm the El Mozote massacre, where nearly 1,000 villagers were killed by US-trained and equipped Salvadoran army members. The Commission also called on the Supreme Court to retire, which they declined. René Ponce was named general and ordered the execution of 6 Jesuit priests (one the then head of the Human Rights Institute). Due to Ponce’s involvement in the peace negotiations and settlement with FMLN, his prosecution was never attempted. The report from the truth commission was rejected and the then-president offered a blanket amnesty for all political crimes which the Supreme Court upheld (1995). After 20 years, no other transitional justice attempts have been implemented.
Haiti:
Haiti suffered massive human rights violations under the Duvalier reign between 1957 to 1986. Over 40,000 Haitians were killed and it wasn’t until 1990 that democracy was established with the election of President Jean-Bertrand Aristide. Soon after, he was ousted by General Raoul Cedras, showing just how volatile transitions toward democracy can be. Under Cedras, hundreds were killed by the paramilitary group Front for the Advancement and Progress of Haiti (FRAPH), funded in part by the CIA. Democracy was restored in 1994 and power returned to Aristide but at the cost of blanket amnesty for all rapes, murders, and political killings. He went on to establish a National Commission for Truth and Justice which in February 1996 urged for the prosecution of individuals who committed crimes against humanity by an international tribunal. There has been no tribunal and no prosecutions, and to this day impunity is chronic.
Argentina:
Figure 2: Source: Yahoo Images, Colin Snider; Graffiti of General Jorge Videla with the phrases “More than 30,000 reasons for popular justice. Never again look the other way.”
Argentina took the most extensive approach of the states discussed so far. In 1983 after the defeat of the military in the Falklands Wars, President Raoul Alfonsín annulled the amnesty the military had given themselves. He also set up the Commission on the Disappeared which produced the report Nunca Más (Never Again) which was a national bestseller – fulfilling some forms of memorialization. The evidence the commission gathered was used to prosecute 5 of the most senior members of the military junta, but when indictments began on less senior officers the military revolted in 1987. Trials ceased to end the conflict but Alfonsín refused to give any pardons. His successor Carlos Menem was the one to pardon ex-president Videla and others on grounds of “national reconciliation.” In spite of Menem’s undermining, human rights groups and families of the disappeared renewed the vigor for criminal accountability in 2003, and as of 2010, more than 800 face criminal charges and 200 have been sentenced.
South Africa:
When one thinks of “truth and reconciliation” or “truth commissions,” the most likely example to come to mind is South Africa. After the end of apartheid (a crime against humanity) in 1994, the new democratic government formed the unique tripartite Truth and Reconciliation Commission (TRC). It had three responsibilities: (1) record the apartheid era for memory, (2) make recommendations for reparations, and (3) grant amnesty to individuals based on application and only in limited circumstances.
This was a revolutionary step for transitional justice and helped citizens come to terms with the violent and discriminatory apartheid. In spite of the success of this TRC, no prosecutions have ever been mounted and organizations like Human Rights Watch and Amnesty International fear the TRC suggestions are not being fully implemented.
Nonetheless, it is important to note that the commission was chaired by none other than Archbishop Desmond Tutu whose ceaseless human rights efforts have helped define the role of TRCs as both forward and backward-looking. In his words, “True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth. You cannot forgive what you do not know.”
United States:
For an in-depth examination of the transitional justice movement in the United States, please read Maya Crocker’s blog here.
Conclusion
Without addressing the seeds which sprouted violence, the threat of their reoccurrence cannot be escaped. This means acknowledgment, and hardest of all, forgiveness. While a generation suffered, hatred should not be allowed to pass down and threaten long-lasting peace.
This is not easy, but if you believe in human rights, affirming the realities of victims and perpetrators and all those in between is crucial. As Desmond Tutu says, “We must not only speak about forgiveness and reconciliation, we must act on these principles.”
This post draws a lot of information from the book Crimes Against Humanity: The Struggle for Global Justice by Geoffrey Robertson, originally published in 1999 with multiple editions given the continuous development of human rights. I will be utilizing information from a 1999 edition, and thus, certain information on the results of transitional justice attempts will have developed more in the last two decades. If you are interested in obtaining a copy for yourself, the latest edition was updated in 2013 and includes additional sections on Iraq, Guantanamo, the Obama administration’s use of drone warfare, the Charles Taylor conviction, and the trials of Mladic, Karadzic, and Khalid Sheik Mohammed.
Figure 3: Source: Target; Cover of the aforementioned book.
Geoffery Robertson is an internationally acclaimed lawyer and human rights advocate who has served as a UN war crimes judge and founded Doughty Street Chambers in London, a leading human rights law practice. In his book, he deconstructs international human rights law, beginning with the foundational philosophy of rights dialogue (natural rights, social contract, Enlightenment) and moving through the defining events of 20th-century human rights law formation. His book is written in a non-legalese, prose-like style and is a strong starting point for learning a breadth of information about the very complex processes behind prosecutions (and more often why they don’t happen).
If this interests you, read Robertson’s book or check out more blogs from IHR below:
What is the International Criminal Court and Why Should I Care?
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