International – Page 10 – UAB Institute for Human Rights Blog

Book Review: White Fragility by Robin Diangelo

by Mary Johnson-Butterworth

I recently read White Fragility by Robin Diangelo. Diangelo is an academic, lecturer, and author and has been a consultant and trainer on issues of racial and social justice for more than twenty years. She formerly served as a tenured professor of multicultural education at Westfield State University.” I picked up the book because I am trying to understand and eradicate any micro-aggressions directed toward people of color on my part and to woman up to my own racism. Identifying as both white and fragile puts the onus for my education and change on friends and acquaintances of color, and I wanted to take responsibility for my own rehabilitation.

DiAngelo conceived of white fragility from years of facilitating diversity training where “good” white people became incensed when faced with any suggestion of racist identity in their own lives. How does it connect to racism? Racism, the oppression of a dominant group by a targeted group based on skin color, is a complex, multi-layered structure—not an event. “Racism hurts (even kills) people of color 24-7. Interrupting it is more important than my feelings, ego, or self-image,” writes Diangelo. She also maintains that, when it comes to racism in the U.S., no choir exists to whom we can preach. Regardless of our upbringing as white people, we all are indoctrinated by a potent combination of entitlement, individualism, comfort, safety, normalcy, and supremacy that other races cannot access. Diangelo suggests that a person of color may refuse to wait on me in a store, but I still have the power, as a white person, to manipulate which neighborhood she can choose and, therefore, the caliber of schools her child attends, hence debunking the existence in our society of reverse racism.

*Lack of understanding of what racism is

*Seeing ourselves as individuals, exempt from the forces of racial socialization

*Failure to understand that we bring our group’s history with us, that history matters

*Assuming everyone is having or can have our experience

*Lack of racial humility, and unwillingness to listen

*Dismissing what we don’t understand

*Lack of authentic interest in the perspectives of people of color

*Wanting to jump over the hard, personal work and get to “solutions”

*Confusing disagreement with not understanding

*Need to maintain white solidarity, to save face, to look good

*Guilt that paralyzes or allows inaction

*Defensiveness about any suggestion that we are connected to racism

*A focus on intentions over the impact

Aversive racism allows us white people to remain racist and still feel good about ourselves by rationalizing segregation in schools as the need for “good schools,” and the overabundance of whites in the workplace “because they [people of color] don’t apply.” White folks get away with the use of coded language such as urban, underprivileged, diverse, sketchy, and good/bad neighborhoods to belie their racist underpinnings. The author relays a story of a white friend who called to say they had a mutual friend who bought a ridiculously cheap house in a New Orleans neighborhood, but her friend felt the need to buy a gun. When Diangelo responded, “I assume it’s a black neighborhood,” her friend said, “Yes, you get what you pay for. I’d rather pay $500,000 and live somewhere where I wasn’t afraid.” The woman never used the word “black,” but the implication was crystal clear. Toni Morrison alludes to “race talk,” designed to denigrate people of color, elevate white people, and keep in place the “us and “them” dichotomy.

While facilitating a workshop, the author questioned an African American man about what he would think if white people risked upsetting their white racial equilibrium to graciously receive feedback, reflect, and work to change their behavior. His immediate answer, “It would be revolutionary.” “However, we aren’t likely to get there if we are operating from the dominant worldview that only intentionally mean people can participate in racism.” Color blindness (“I don’t see color.”) and color celebration (“I have a good friend who’s black.”) often exempt white people from examining the racism impacting them daily. Most of us are taught to be kind, but “unless that kindness is combined with clarity and the courage to name and challenge racism, this approach protects white fragility and needs to be challenged.” “An honest accounting of our racist patterns is no small task given the power of white fragility and white solidarity, but it is necessary.”

According to Diangelo, studies show that white children develop a sense of white superiority as early as preschool. Although many millennials profess to living in a postracial society, when 626 white college students at 28 colleges across the U.S. were asked to keep journals of racial images, racial issues, or what they understood to be racist behavior for 6 to 8 weeks, over 7500 blatantly racist comments and actions committed by family, friends, acquaintances, and strangers were recorded.

White fragility can translate as bullying when a racial point is made by a person of color, and a white woman cries needing comfort or all of the energy goes to soothe or assuage the guilt of the white people in the room. The salient point is lost to white fragility, and nothing is learned.

Diangelo states that, in the U.S., anti-blackness is particularly prevalent, and white people’s history, as well as their present, is tied to abuse and devaluation of black bodies. Slavery, lynchings, police shootings of unarmed black men, the school to prison pipeline, even the dissing of a black man who “takes a knee,” reflect a White disdain for African Americans in this nation. Diangelo poses that it is a very different narrative to hail Jackie Robinson the first black man allowed by white people to play in the majors, rather than the first black man to have the skill to play in the majors.

Cover-to-cover, White Fragility is full of messages that are difficult for us white people to hear. I am indicted as a racist just by virtue of the society in which we live. We, White people, have the responsibility to transform our guilt into action. We must move past defensiveness, discomfort, the conscious unawareness of our role in overt or often covert racism, and the way we look to others. We must guard against allying with fellow racists in solidarity, forgetting that we are unconsciously invested in racism, refusing feedback from or not listening to people of color, and staying insulated in our cocoon of white equilibrium. If we find ourselves open to shoving our white fragility aside, we may accomplish the following:

*Minimize our defensiveness.

*Demonstrate our vulnerability.

*Demonstrate our curiosity and humility.

*Allow for growth.

*Stretch our worldview.

*Ensure action.

*Demonstrate that we practice what we profess to value.

*Build authentic relationships and trust.

*Interrupt privilege-protecting comfort.

*Interrupt internalized superiority.

Robin Diangelo offers us white folks the insights and the tools to explore and, with hard work, to overcome our white fragility in favor of transformation and enlightenment.

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

The Generations of Human Rights

The words "liberte egalite fraternite" written above the entrance to the Hôtel de Ville in Avignon, France. — Avignon – Place de l’Horloge – Hotel de Ville – Liberte Egalite Fraternite. Source: Elliot Brown, Creative Commons

When human rights are being discussed, they are often divided up into three categories called generations. A reflection of the three generations of human rights can be seen in the popular phrase of the French Revolution: liberté, egalité, fraternité. These generations of human rights were first formally established by Karel Vasak, a Czech jurist, in 1979. This division of the types of human rights helps improve conversations about rights, especially those involving legislation and the role that governments play in human rights.

The First Generation: Liberté

The first generation of human rights encompasses an individual’s civil and political rights. First generation rights can be divided into two sub-categories. The first sub-category relates to norms of “physical and civil security.” This includes not committing acts of torture, slavery, or treating people inhumanely. The second sub-category relates to norms of “civil-political liberties or empowerments.” This includes rights such as freedom of religion and the right to political participation.

First generation rights are based around the rights of the individual person and are often the focus of conversations about human rights in western countries. They became a priority for western nations during the Cold War. Some documents that focus on first generation rights are the United States Bill of Rights and Articles 3 through 21 of the Universal Declaration of Human Rights (UDHR).

The Second Generation: Égalité

The second generation of human rights encompasses socio-economic rights. Second generation rights can also be divided into two sub-categories. The first sub-category relates to norms of the fulfillment of basic needs, such as nutrition and healthcare. The second sub-category relates to norms of the fulfillment of “economic needs.” This includes fair wages and sufficient standards of living.

Second generation rights are based on establishing equal conditions. They were often resisted by western nations during the Cold War, as they were perceived as “socialist notions.” The International Covenant on Economic, Social, and Cultural Rights and Articles 22 through 27 of the UDHR focus on these rights.

Prior to the fall of the Berlin Wall, first and second generation rights were considered to be divided by the responsibility they place on governments. First generation human rights were looked at as being a “negative obligation,” which means that they place a responsibility on governments to ensure that the fulfillment of those rights is not being impeded. Second generation human rights were viewed as being a “positive obligation,” which means that they place a responsibility on governments to actively ensure that those rights are in fact fulfilled. After the Berlin Wall fell, perspectives shifted to see governments as having the responsibility to “respect, protect, promote and fulfill” these rights.

The Third Generation: Fraternité

The third generation of human rights encompasses broad class rights. Third generation rights can be divided into sub-categories as well. The first sub-category relates to “the self-determination of peoples” and includes different aspects of community development and political status. The second sub-category is related to the rights of ethnic and religious minorities.

Third generation rights are often found in agreements that are classified as “soft law,” which means they are not legally binding. Some examples of these agreements include the UDHR and the 1992 Rio Declaration on Environment and Development. This generation of rights is challenged more often than the first and second generations, but it is being increasingly acknowledged on an international level. These rights started gaining acknowledgement as a result of “growing globalization and a heightened awareness of overlapping global concerns” such as extreme poverty.

Overall, recognizing the differences between each generation of rights can help us to better understand how broad the field of human rights is and how varied the issues involved truly are. Each kind of right is best fulfilled through the use of different forms of legislation, and recognizing the different generations of rights can improve our ability to identify the what type of legislation is best suited for dealing with a particular issue.

What is a human rights-based approach?

A human rights-based approach to activism entails empowering people by giving them the knowledge to know and claim their rights. This also involves focusing on holding institutions and individuals responsible for respecting, protecting, and fulfilling rights accountable through constant pressure and oversight. It is important to give people a greater say in the creation of laws that affect their rights. This can be achieved by educating the public on how they can make their voice heard as well as educating politicians on how to listen to public opinion and respect human rights. The policymaking and organizations involved with human rights need to ensure that strict standards and principles of human rights are taken into account.

There are many different ways to advocate for human rights. Some organizations choose to offer direct assistance to individuals which have had their rights violated. This can involve food, shelter, legal support, healthcare, and other types of aid. Another way in which to help the fight for human rights is to support key cases through the court systems. The hope is that if even one individual who has had their rights infringed upon wins their case then that will set a legal precedent. Such a precedent would protect future human rights violations of this type from ever happening again. Another legal strategy is to lobby for changes to existing local, national, or international law. This gives voice to the cause and widespread awareness of existing human rights issues. Media coverage and public support can oftentimes pressure politicians into coming up with a solution by passing new or amending current legislation. Lobbying groups can even provide specialists who are most knowledgeable in human rights issues and how to best solve the problem. These specialists can guide and advise lawmakers into developing policies and drafting legislation that will provide the best protection and support to at-risk people and groups.

One of the most important ways to promote lasting and effective changes to secure the future human rights of all people is to educate the public. People need to be made aware of the various types of human rights abuses and what exactly the human rights issues are. A more educated populace will be more respectful and open to supporting the necessary changes to protect at-risk groups. This public support is key to campaigning for necessary legislation and electing politicians who are empathetic to human rights concerns. In addition, educating the public will change the existing culture and help influence future generations to be understanding and active in advocating for a better future of human rights.

An imperative part of combating human rights issues is for each person to know what their rights are and how to protect them. The United States Department of Justice is responsible for handling all claims of civil rights abuses. The Civil Rights Division enforces criminal, disability, educational, employment, housing, immigration, voting, and special litigation offenses. The process for filing a claim is not that difficult with information and personnel available online at https://www.justice.gov/crt/how-file-complaint. All necessary procedures to file a complaint are detailed clearly and with additional personal assistance available upon request. You can also contact the United Nations and file a complaint under the International Covenant on Civil and Political Rights as the United States is a member nation. It is important for human rights concerns to be acknowledged with formal complaints so that legal actions can be taken to stop current and future human rights violations from occurring. Everyone can do his or her part to protect their human rights and the human rights of all people by being active in advocating for change and by reporting each and every human rights violation.

Human Rights Day 2018

Word Cloud. Source: Universal Rights, Creative Commons

How It All Began

Human Rights Day is celebrated worldwide on December 10, originating on the day the United Nations formally approved the Universal Declaration of Human Rights in 1948. This year is their 70th anniversary of the Universal Declaration of Human Rights, which declares everyone has basic rights, regardless of their nationality, social origin, opinion, etc. It is the most translated document in the world and it appears in over 500 languages. The concept was put into action in 1950 when the United Nations General Assembly invited the States and organizations to approve of declaring December 10 as Human Rights Day. The goal of Human Rights Day is to create a “common standard of achievement for all peoples and all nations: in order to “strive by progressive measures, national and international, to secure their universal and effective recognition and observance”. Furthermore, the aim is to show people that human rights are relevant to us all, often consisting of conferences, meetings, and events surrounding human rights issues.

How the World Celebrates

Countries and organizations around the world celebrate Human Rights Day differently; however, the end goal is the same – to stand for our rights. The theme has varied from year to year. In 2003, the focus was on “Know Your Human Rights, while the theme in 2010 was on “Speak up, Stop Discrimination”, and, in 2017, the focus was on “standing up for equality, justice, and human dignity”. Not only does the theme differ from year to year, but also what each country focuses on. For example, Senegal concentrated on a blind theatre group, while Pakistan held a human rights film festival. Furthermore, Madagascar created a human rights debate contest and Azerbaijan held a writing and art competition on human rights. Additionally, the impact of social media over the recent years is phenomenal. Last year #HumanRightsDay was the most trending topic in Spain, while it was #3 in the United States. As a result, Facebook created a profile frame for Human Rights Day, while Twitter created a special emoji. In fact, some organizations such as the United Nationals, Amnesty International, and the World Health Organization used Twitter as a platform to create conversations on topics such as immigration, reproductive rights, access to clean water, universal healthcare, and equality among communities of color.

How you can celebrate in Birmingham, AL

Around the world many organizations have events; however, there are ways to get involved with the local community. An example of getting involved among college campuses would be where individuals could work with their respective student government to pass a resolution to observe Human Rights Day. Another possibility would be to work with the Birmingham community and create an event to raise awareness a variety of human rights issues such as environmental justice, domestic violence, and gender equality. There could be performances, lectures, and a discussion to highlight the importance of these pressing issues, among others. Before the event starts, there could be the option of having a tabling event, where people can learn more about different organizations across the Birmingham community associated with different aspects of human rights. Furthermore, people could start a social media campaign through Instagram, Facebook, and Snapchat. Another opportunity would be to have numerous free expression walls, all over Birmingham, where people can write down thing such as what human rights means to them, what human rights issues they were impacted by, or what human rights issue they want to spread awareness on. Ultimately, Human Rights Day is about taking the time to focus on different human rights topics and what it means to stand up for not just our own rights, but for others as well.

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” – Universal Declaration of Human Rights Article 1

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

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

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

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

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

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

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

Ending Violence Against Women

by Pam Zuber

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

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

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

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

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

What is violence against women?

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

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

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

How does culture contribute to violence?

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

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

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

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

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

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

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

How does violence affect women and society at large?

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

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

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

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

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

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

How can people prevent such violence?

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

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

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

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

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

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

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

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

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

The Impact of Child Abuse

A sad boy sitting outside and staring into the camera. — Sad. Source: tamckile, Creative Commons

Childhood is a time in life that should be filled with joy and imagination, and free of fear and any serious responsibility. However, for many people, this not their reality, as abuse and trauma have warped their experience of it. In 2014, about 702,000 children were found to be victims of some form of abuse in the United States – this number does not take into account situations of abuse that went unreported. It is estimated that 1,580 children died “as a result of abuse and neglect” in that same year, though it is possible that this number is actually much higher due to “undercounting of child fatalities by state agencies.” The general impact and potential trauma caused by abuse can have a significant harmful influence throughout childhood development and adulthood.

What is Child Abuse?

Child abuse is “when a parent or caregiver, whether through action or failing to act, causes injury, death, emotional harm, or risk of serious harm to a child.” This includes many different forms of abuse, such as physical abuse, emotional abuse, sexual abuse, and neglect:

Physical abuse is “when a parent or caregiver causes any non-accidental physical injury to a child.”
Emotional abuse, which is recognized less often, is “when a parent or caregiver harms a child’s mental and social development or causes severe emotional harm,” and can include (but is not limited to) isolating a child, terrorizing, ignoring, and humiliating them.
Sexual abuse is “when an adult uses a child for sexual purposes or involves a child in sexual acts,” but it does not have to involve physical contact with a child. In addition to “contact abuse,” it can also include inappropriate sexual language, “making a child view or show sex organs,” and forcing a child to watch a sexual act.
Neglect is “when a parent or caregiver does not give the care, supervision, affection, and support needed for a child’s health, safety, and well-being,” and it occurs when an adult fails to meet even the most basic requirements for taking care of a child that they are responsible for. Neglect can physical, emotional, medical, or educational.
- Physical neglect relates to reception of “care and supervision.”
- Emotional neglect relates to reception of “affection and attention.”
- Medical neglect relates to “treatment for injuries and illnesses.”
- Educational neglect relates to a child’s “access to opportunities for academic success.”

Effects of Child Abuse

Experiencing abuse as a child can have serious, long-term effects on an individual. Those who have experienced child abuse are at an increased risk for intimate partner violence, substance abuse issues, and mental illnesses. Experiences of abuse also lead to children having an increased risk of exhibiting criminal behavior. In the United States, “14% of all men in prison and 36% of women in prison” experienced child abuse. Children who are survivors of child abuse are about “9 times more likely to become involved in criminal activity” than those who are not. Many survivors must deal with intense negative effects of their trauma for the rest of their lives.

Trauma and Child Abuse

Trauma is “an emotional response to a terrible event, like an accident, rape or natural disaster.” When considering the issue of trauma, people often think of veterans who suffer from Post-Traumatic Stress Disorder (PTSD). Both PTSD and Complex Post-Traumatic Stress Disorder (CPTSD) are common in survivors of child abuse, but they differ in exactly what circumstances causes them. PTSD results from a specific event, while CPTSD results from repetitive experiences of trauma. In terms of child abuse, PTSD is caused by a specific incident of abuse, while CPTSD is caused by experiencing numerous incidences of abuse over a period of time.

The three main categories of PTSD symptoms are “re-experiencing trauma through intrusive distressing recollections of the event,” “emotional numbness and avoidance of places, people, and activities that are reminders of the trauma,” and “increased arousal such as difficulty sleeping and concentrating, feeling jumpy, and being easily irritated or angered.” In addition to the symptoms of PTSD, people with CPTSD also experience problems with forming and maintaining relationships, negative views of themselves, and problems with regulating their emotions. These symptoms negatively affect the ability of individuals with PTSD and CPTSD, including child abuse survivors, to live their lives in normal, healthy ways.

Treatments for coping with PTSD and CPTSD include individual and group therapy, medications (such as antidepressants) that help with some symptoms, and the establishment of a reliable support system. Dealing with trauma is a life-long process. Healing is possible for survivors of child abuse, but the impacts of their experiences will never fully disappear.

A sad boy sitting next to a dog on a couch. — Nathaniel. Source: Tony Alter, Creative Commons

The Cyclical Nature of Child Abuse

The presence of abuse can be seen as a cycle with the potential to perpetuate itself throughout the generations of a family. According to the Child Welfare Information Gateway, around one in three of all survivors of child abuse will “subject their children to maltreatment”. This is because many survivors who become parents believe that the way they were treated as a child is the correct way to parent. In other cases, parents believe that if they simply treat their children better than their parents treated them, then they are not being abusive. This way of thinking is incorrect, because abuse is abuse, even if one example of abuse is not as overtly severe as another. By spreading information and reporting incidences of child abuse we can help to interrupt the cycle.

Child Abuse is a Human Rights Issue

There are numerous ways in which child abuse can be clearly seen as a violation of human rights. Article 18 of the Universal Declaration of Human Rights states that “everyone has the right to freedom of thought, conscience and religion,” and Article 25 states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.” How can someone utilize these rights while living in fear (whether it be as an adult or as a child)?

The Convention on the Rights of the Child also deals with child abuse as a violation of human rights. Article 19 calls for States Parties to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation…” Article 24 states that children have the right to “the highest attainable standard of health,” which is a right that cannot be fully enjoyed in an abusive situation. Article 27 describes the right “to a standard of living adequate for the child’s physical, mental, spiritual, moral, and social development,” and abuse is a known hindrance to childhood development. Article 34 relates specifically to sexual abuse, stating that States Parties should do everything they can to “protect the child from all forms of sexual exploitation and sexual abuse.”

It is important that we remember that children are limited in what they can do to help themselves in any given situation. It is the responsibility of the adults around them to protect and nurture them. Adults should be attentive toward the well-being of the children they contact. Adults need to be able to recognize and report abusive situations when they witness them and/or are aware of them.

Resources

Warning Signs of Child Abuse
State Child Abuse and Neglect Reporting Numbers
Resources for Adult Survivors of Abuse
Loving a Trauma Survivor (For individuals in a relationship with an abuse survivor.)

Not Just A Phase: Bisexuality, Invisibility and Invalidation

Of the identities that together form the full rainbow of the LGBTQ+ community, the “B” is one of the least visible despite its sizable population. Per the San Francisco Human Rights Commission, “self-identified bisexuals make up the largest single population within the LGBT community in the United States.” LGBTQ+ refers to all of the people who identify as lesbian, gay, bisexual, transgender, and queer (a reclaimed term used to refer to all other identities not represented by the ones listed). However, not all people feel represented by the word “queer,” and the plus sign is meant to be inclusive of those communities.

A pink, purple, and blue flag flies to represent bi pride. — “The bisexual pride flag.” Source: Peter Salanki, Creative Commons.

To understand the experience of bisexual people, one must first understand the basics of gender and sexuality. Gender is a term that describes the social representation of biological reproductive processes, while one’s gender identity is based on personal identities, or the “internal perception of one’s gender” (SafeZone Project). Gender is what most people attach words like “man” and “woman” to, but can encompass a variety of identities such as agender (one who does not experience gender identity), polygender (one who experiences multiple gender identities), and genderfluid (can experience a combination of gender identities depending on the day). Sexual orientation is the “sexual, romantic, emotional/spiritual attraction” that one experiences, often depending on which gender/genders that they are attracted to. Straight, gay, lesbian, bisexual, pansexual, and asexual are all examples of different sexual orientations, though a wide variety exists in addition to those listed.

Bisexuality (bi) does not have one all-inclusive definition, but the term “bisexual” generally refers to a person who experiences attraction to people of their own gender as well as people outside of their gender. The experience of bisexuality can be shared by pansexual people. The two terms overlap, as pansexual people experience attraction regardless of gender. Typically, one differentiates between the two identities with respect to how an individual identifies themselves; some bisexual people could technically be called pansexual (and vice versa), but the most inclusive practice is to respect each individual/community as they define their own experience.

Semantics aside, bi people have faced a long history of adversity with very little notoriety. Bisexuality as an identity has been chronically invalidated, demonized, and even blatantly ignored. Discrimination towards bisexual people has long been enforced by a heterosexual society, but many bi people have experienced discrimination from within the LGBT community as well.

According to the oldest bisexual advocacy organization in the United States, bisexual people are more likely to live in poverty, have higher rates of sexual and intimate partner violence, and report higher rates of poor physical/mental health than lesbian, gay or straight people. Research from the same source reveals that “bisexuals are six times more likely than gay men and lesbians to hide their sexual orientation,” and nearly one-quarter of bi people have never shared their orientation with anyone.

One might expect a stronger community backlash to this level of inequality, but biphobia is so pervasive that few dare to speak out. Biphobia, or the aversion to bisexuality, is experienced frequently by bisexual people while in the company of others who assume that they are either heterosexual or homosexual (depending on the bi person’s partner). Bisexuality is a unique identity in that a bi person is not defined by the gender of their partner, and this heteronormative invisibility is what makes the bi existence so difficult. UC San Diego’s LGBT Resource Center puts it this way:

“Lesbian, gay, and heterosexual people are invested, and find a sense of security in being the ‘other’ to each other, and unite in the fact that they are only attracted to either the ‘same’ or the ‘opposite’ gender/sex. This sets up another ‘us’ vs. ‘them’ dynamic which effectively marginalizes bisexual people as ‘other.’ Integral to this dynamic is the automatic assumption people can be defined by the gender/sex of their current or potential romantic interest.”

An openly bisexual person often experiences the condescending attitudes of those who think that it’s just a phase. Straight people assume that bisexuals will eventually revert back to heterosexual “normalcy,” while LGBTQ+ people may assume that the bi identity is merely a “half-gay, half-straight” phase that will culminate in a homosexual identity later on. However, research provides data to the contrary – a longitudinal study found that 92% of bisexual women still identified as bisexual over ten years later. To be clear, sexual orientation is not validated or invalidated based on its fluidity. This data only provides evidence that bisexuality can be a stable orientation. These attitudes are reinforced by the assumption that society is separated into a heterosexual norm and a homosexual other, leaving little room for the huge spectrum of sexuality that falls between gay and straight.

“C.D. Kirven with the Trans Pride Flag while Get Equal flies the Bisexual & Rainbow Pride Flags.” Source: Melissa Kleckner, Creative Commons.

The statement “I’m bisexual” can also lead down a different but equally terrible path – the inevitable, half-joking “That’s hot!” or “Oh, so you want to have a threesome?” The stereotype that bisexual people are hypersexual is both degrading and exhausting. “Hypersexual” stereotypes assume that certain people are more likely to frequently engage in sexual activity with a lesser degree of moral restraint; this stereotype is applied to many identities other than bisexuals, and is particularly common for black and Latina women. Far too often, the experience of coming out as bi in addition to the perception of hypersexuality ends in an unwanted sexual invitation that can be traumatic, particularly considering the high rate of sexual violence among the bi community. The can permeate and negatively affect bisexual relationships, as their partner may struggle with trust issues resulting from this widespread misrepresentation. Some people may even avoid relationships with bisexuals altogether for fear of infidelity.

Each of these experiences results in the invalidation of bisexuality. Being bisexual is valid in itself, not as a stepping stone to a different sexual orientation or as a prop to spice up your heterosexual love life. Additionally, bisexuality is not the easy way out. An assumption exists that, even if the bisexual orientation is valid, bi people will eventually settle down into an opposite-gender relationship in order to bypass social discrimination that accompanies an LGBTQ+ identity. However, bisexual people in heterosexual-passing relationships are still equally affected by discrimination, biphobia, and invalidation; “passing” as straight does not negate the hardships that are tied to the bisexual experience.

Biphobia, invisibility, and discrimination are some of the most subversive yet malicious tools that are used to maintain the societal fabric of heteronormativity. Limiting or invalidating the bisexual orientation only strengthens the gay/straight dichotomy that holds us all back from freely experiencing the full spectrum of sexuality and gender. It’s easy to proclaim that the system should change, but realistically, what can we do to reduce injustice for bi people? First, you should examine your own thoughts and attitudes towards bisexuality. It’s easy to be complicit in biphobia and erasure if you aren’t aware of your unconscious bias. If you find and acknowledge any prejudicial tendencies, challenge those thoughts. Don’t assume a person’s sexual orientation based on their partners – ask them! If you witness a casual biphobic joke, call it out instead of being silent. Make room for bisexual people within the LGBT community. Above all, respect everyone’s identity enough to support and validate the terms that they choose for themselves.

Reporting on Human Rights and the Humanity of Journalists

by Andy Carr

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Plight of China’s Migrant Workers

by Dianna Bai

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

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

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

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

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

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

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

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

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

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

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