International – Page 11 – UAB Institute for Human Rights Blog

Section 377 is overturned, but now what?

Rainbow heart with "love" spelled out in the middle — LGBT Rainbow Heart with Love Inscription. Source: b_earth_photos, Creative Commons

For the past 150 years in India, homosexual acts were not only banned but were criminally punishable by up to ten years in prison. Introduced in 1861, while India was still under British colonial rule, Section 377 of the Indian Penal code made illegal any “unnatural offenses” that were deemed as sexual activities “against the order of nature.” For many years this gave policemen, government officials, and local village leaders free reign to harass and discriminate against the LGBTQ+ population of India. Recently on 6 September 2018, the Supreme Court of India, after years of court decisions and decades of public protest, ruled that the application of Section 377 to queer and trans sex was unconstitutional. The justices denounced this law’s infringement upon the freedoms of LGBTQ+ people as it “criminalized consensual sexual acts of adults in private”. This determination has ceased much of the governmental abuse of the Indian LGBTQ+ population. It is worthwhile to note that despite the public opinion that Section 377 was repealed, the law is still active and applicable to other offenses such as rape, bestiality, and sexual acts with minors. The supreme court decision simply made it illegal to apply Section 377 to queer sexual acts.

Now that Section 377 can no longer target sexual minorities, India’s vast LGBTQ+ population is beginning to emerge from the shadows and realize their true selves in public without fear of prosecution and imprisonment. This is not to say that there is not a reason to still be afraid. Many people and institutions are still very hostile towards the queer and trans community because of the social stigmas, stereotypes, ignorance, and intolerance that are still very much ingrained in Indian culture. There is still much work to be done to educate the general population for LGBTQ+ issues to be destigmatized. There is hope that a culture friendly and accepting of all people, regardless of sexual or gender orientation, will soon become a reality in India.

It has long been held that “Section 377 in itself does not mean that you can be arrested for simply being or saying [that] you are lesbian, gay, bisexual, transgender, Hijra or Kothi. Your freedom of expression is not under threat”. This fact, however, has not prevented the widespread discrimination inflicted by police officers, hospital staff, and highly hostile work environments. India’s lack of a complete anti-discrimination law that protects all groups who may face prejudice has allowed such toxicity and hatred to fester and grow. Although a few anti-discrimination laws exist, they are not well enforced and only apply to public institutions. This means that all private Indian companies are free to discriminate against LGBTQ+ employees with no legal repercussions and allows government institutions to violate existing law without any harsh penalties. The criminalization of queer sex and the lack of adequate discrimination protections has ignited many lasting problems for the LGBTQ+ community. These people lack quality public healthcare, face cultural and religious persecution, and fear a prejudice entertainment industry that is encouraging the current generation of adolescents to be homophobic.

It seems odd that Section 377’s past criminalization of queer sex could damage the healthcare available to the LGBTQ+ population. However, it is important to realize that not only was having queer sex a criminal act, but anyone that was found to have helped hide or abet LGBTQ+ sexual acts would have also been prosecuted as an accessory to the crime. This was the case with Arif Jafar, an Indian health counselor. Arif made it his mission to attempt to help the queer population have safe sex and avoid being infected with HIV by handing out condoms each week. After nearly three decades of aiding the LGBTQ+ community, Arif was arrested for abetting and promoting the criminal offense of queer sexual acts. He was beaten, spent 47 days in jail, and has had to appear in court each month for over a decade. This is but one of the many atrocities committed against the LGBTQ+ people because of Section 377. Simply selling condoms and other objects used for safe sex to queer/trans men and women was unlawful. This created dangers for both the LGBTQ+ community and any doctors willing to serve them. For these reasons, many LGBTQ+ in India have avoided healthy sex conversations out of fear that their doctors, nurses, or other healthcare professionals involved with their care would report their “criminal” sexual acts to the authorities.

Section 377 instilled so much fear in the LGBTQ+ community that many refused to see a doctor for treatment for AIDS and other sexually transmitted diseases. In fact, the UN collected data detailed in the 2017 UNAIDS Data report that showed that the national HIV infection rate for queer men is 4.3% while the national average is .31%. This means that queer men are nearly fourteen times more likely to be infected with HIV than straight men. It is impossible to determine exactly how large of an impact the lack of access to condoms and other safe sex essentials has had on the LGBTQ+ HIV epidemic. However, it is clear that these policies could only have increased the health risks for this community.

In addition to preventing many from seeking or receiving proper medical care, doctors were not well educated on the common spectrum of LGBTQ+ health issues, and as such were not adequately equipped to serve these patients. Even after the recent Supreme Court decision absolved these risks, the vast majority of the LGBTQ+ population are still hesitant to going to the doctor for sexual related issues. Doctors play a key role in providing sex education to their patients. It is well established that these safe sex talks help to decrease patients risk for sexually transmitted diseases. However, when patients fear talking to their physicians for fear of getting reported to the authorities then these safe sex talks do not occur. One can only hope that the sacred bond and trust between patient and physician can heal over time for this community.

Many Indians cite cultural and religious reasons as grounds for their anti-LGBTQ+ attitudes. However, this stance doesn’t hold up under scrutiny. Hindu culture has a long history of acceptance for LGBTQ+ people and religious figures. H. H. Sri Sri Ravi Shankar makes this point clear by saying that “Homosexuality has never been considered a crime in Hindu culture. … It is not a crime in any Smriti. Everyone has male & female elements … [and] Nobody should face discrimination because of their sexual preferences. To be branded a criminal for this is absurd”. Institutions such as the Hindu American Foundation and the Gay & Lesbian Vaishnava Association corroborate this pro-LGBTQ+ attitude. This begs one to question why public opinion differs from historical evidence and major religious organizations.

The answer lies 150 years ago when Britain took direct control of India from the British East India Company. After Britain began governing India in 1858, they implemented Section 377 and other social policies that attacked the prevalent LGBTQ+ population India had at the time. This was an enforcement of British values on Indian society. When India decriminalized queer sexual acts this past year it wasn’t, “India becoming ‘westernized.’ It’s India decolonizing.” says Twitter user @shamiruk. Being colonized and subjugated for many generations has caused a multitude of prejudice western practices to become entrenched in Indian society. The goal moving forward is for India to evolve past the harmful effects of colonization and be fully reunited with the LGBTQ+ accepting culture of pre-colonial India.

LGBT activist during the 16th Kolkata Rainbow pride walk 2017 in South Kolkata on Sunday, December 10, 2017. Express photo by Partha Paul.

Although great strides are being made to help the LGBTQ+ community gain legal protections and societal acceptance in India, the current entertainment industry’s portrayal of the queer community in a negative light, often at the butt of insults and jokes, is endangering an entire current generation of young people to be homophobic. The progress for widespread social change has been incredibly slow. There are many stereotypes in mainstream Indian cinema that only fuel derogatory comments and demeaning behavior towards the LGBTQ+ population. In fact, after the news spread about the Supreme Court decision on Section 377 many young people were tagging each other on Instagram and Twitter saying things like “you’re free now!” in teasing and mocking tones. The term “gay” itself has become a common insult for kids to tease and mock their peers. This highly toxic culture is the direct result of a society that makes light of making fun of the LGBTQ+ community as ‘just joking’ by media outlets, and even the parents and role models of these young children. Scared of the prejudice and abuse that being openly queer will bring, many LGBTQ+ people still aren’t comfortable with coming out and being comfortable in their own skin.

The 6 September 2018 Supreme Court decision to decriminalize queer sexual activities by Section 377 was a major step forward in LGBTQ+ rights and protections. This is a milestone that will forever be remembered as a landmark case in the LGBTQ+ social movement for acceptance in Indian society. Going forward there are many issues left to tackle. The most crucial factor in combatting these issues is educating the public on the LGBTQ+ community. This is vital to removing the deeply ingrained homophobic stigmas. A more educated and open-minded public will also be more likely to elect governmental officials who will enact laws to protect LGBTQ+ people. If the public can learn how to be accepting and respectful of LGBTQ+ individuals, then both institutional and societal change can happen.

The government needs to take a key role in helping to enact these changes by, “disseminating new guidelines to public institutions, especially to law enforcement,” says Dr. Sambuddha Chaudhuri. Chaudhuri is a public health expert based in Mumbai, who has done research on HIV and sexual minorities. Steps need to be taken to educate the public through media outlets and by instituting LGBTQ+ education in primary and secondary school curriculums. Meanwhile, the government should focus on passing laws to protect the rights of the LGBTQ+ community. This top-bottom two-pronged strategy will help to quickly facilitate the necessary legislative changes and increased pace of social acceptance required to make a pro-LGBTQ+ India that people deserve.

Crazy Rich Asians: The Double-Edged Sword

Crazy Rich Asians, a film adaptation of Kevin Kwan’s 2013 book, was released on August 15, 2018. This movie has generated discussion in the representation for the Asian community through gender, class, and race. However, these efforts have been deemed controversial. The point of this film is to get people talking about the topic of representation and simply there is no way to make everyone happy. However, this film will lead the way to an industry that has been recently revived by the likes of movies such as Coco, the Big Sick, and Hidden Figures.

How Crazy Rich Asians is different

The film is based on the first book of the trilogy that covers Nick and Rachel’s journey. Interestingly enough, the film is a romantic comedy. When I think back to my childhood, that was all the rage. Unfortunately, in the past couple of years, rom com’s have faded into oblivion. Thankfully, it seems over the past couple of months that a number of new rom coms, such as Set it Up, To All the Boy’s I’ve Loved Before, and Love, Simon are on the rise.

Heart hand. Source: Max Pixel, Creative Commons

In the film, the two main characters, Nick and Rachel, fall in love, so Nick decides to introduce Rachel to his family in Singapore. What Rachel does not know is that they are one of the richest families in the country. In the beginning, the movie seemed like any other rom com with your basic love story. However, what took me by surprise was the multidimensionality of the characters. While Nick’s mom, Eleanor, can be seen as the stereotypical “villain”, this story takes a different route and adds more elements to her character. Instead of simply being portrayed as evil, the movie shows other sides to her character such as her dedication and hard work for her family. This movie provides us with the reasons behind her “evil” traits, which makes it harder to dislike her. Humans are not one-dimensional beings; we have numerous traits that come together to make us who we are. A person is not just evil, but instead has multiple traits.

Another innovative idea is how this movie portrayed stereotypes. The movie begins with Nick’s family entering a fancy hotel in London during a storm, which made the floor muddy. The manager claims they do not have any room for her. In retaliation, Eleanor convinces her husband, Philip, to buy the hotel and in doing so makes the manager clean the floor. This scene causes the audience to feel sympathy toward the protagonist. What is genius about this scene is how they made a character who is normally not seen as relatable into someone we care about and sympathize with by showing their vulnerability. Another important concept was the fact that Rachel was given the majority of power, not Nick. Usually, the male decides between his mom or his girlfriend. However, in this movie, it is Rachel who makes the decision. This movie challenged gender stereotypes about who should have power and control.

Dark reality of Singapore

This film, for the majority of time, is set in Singapore, a small island nation in Southeast Asia. While the movie does not go in depth on the struggles of Singapore, such as their strict government and criminal justice system it provides a place for conversation to occur for those who wish to learn more about the country. Intentionally or unintentionally, the world will be talking about Singapore.

The author, Kevin Kwan, is wanted by the Singapore government for not participating in their mandatory military service which sheds some light on the harsher realities of what it is like to live in Singapore. It is a parliamentary representative democratic republic, meaning their President is the head of state, while their Prime Minister is the head of the government. Compared to the United States, there are numerous surprising, strict rules in Singapore such as it is illegal to smoke in public, feeding pigeons, or even connecting to someone else’s Wi-Fi which has $10,000 fine. There are restrictions on who can say what and what information is published through blogs or articles.

On the other hand, Singapore has one of the most diverse populations, both ethnically and religiously. Most of the populations in Singapore are Chinese, Malay, Indian, and Eurasian. While there are a variety of ethnicities with different languages, most Singaporeans speak English. Moreover, Singapore is the world’s most religiously diverse country because their society encourages people to follow their own culture and traditions while respecting others. Singapore is also a fairly small country and there are surveillance cameras on every street corner. Thus, it is quite safe and has a low crime rate and zero-tolerance policy relating to drugs and other crimes.

Singapore Black & White. Source: Pixabay, Creative Commons

Making a splash in the Western world

Currently, in Western movies, there is a disproportionate amount of white actors and actresses compared to non-white actors and actresses, especially as the main character. The main reason why Crazy Rich Asians is groundbreaking is because it contains a cast of Eastern Asian actors and actresses. It is dismal to think that having casts of different races and cultures is not the norm. The only other movie produced in Hollywood that has an all-Asian cast is The Joy Luck Club, a 1973 film about Chinese women who meet up and play Mahjong and discuss stories about their family. Hence, it took 45 years for another all-Asian cast film to make the headlines.

A lot of the controversy with hiring different races comes with assuming what people want to see. Many people presume that Americans want to watch an American movie with actors that look like them, which means mainly “white”, so they can relate. The irony is that it is predicted in 2045 that most Americans will not be considered white, so why do producers think that most movie actors should be predominantly white? Many of the presumptions emerge with culture and what we are used to seeing. However, in the past years, there have been more films created to show the diversity of underrepresented communities such as Black Panther and Get Out. However, even with the rise of more diverse casts, 1.4 actors out of every 10 people are people of color. That is the startling reality.

The reason this story is refreshing is because of how the movie has a new take on a common story plot, although we see different people than we normally would. In fact, there are certain parts in the movie where they poke fun at Americans. In Western movies, occasionally, they throw in people of race to “diversify their movie”. However, you can usually tell they did it just to fill their quota; personally, it never quite feels real. In this movie, they rarely include white people and they do only to fill their requirement. For example, one of the scenes that stood out to me was when a man told his kids to eat his food because of all the starving kids in America. Also, when they include beauty queens in a bachelorette party, instead of looking at other countries and how different they are from the United States, we get a role reversal of how different it is from Singapore. Another unique aspect of this film is how it focuses on the second generation of immigrants. In the past, we have seen trite storylines on an immigrant coming to the United States and chasing the American Dream. This movie stands out because it is not afraid to poke fun at things we consider our “norm”, which leads to new possibilities of what the future will hold for the big screen.

No film is perfect

On the other hand, while this movie is groundbreaking, it is not without its weaknesses. One of the major shortcomings that people were quick to mention was the misrepresentation of the Singaporean population. Singapore is culturally diverse and includes people from other places such as Indonesia and Malaysia. People were looking for brown or non-Eastern Singaporeans among the cast; however, they were depicted as the working class. Based on a person’s skin color, they are treated and perceived differently. In fact, this movie plays into the stereotype that Asians are thought to have lighter complexions. The film had an all-Asian cast, but they were all East Asian. The film could have had more diversity. Especially, since one of this film’s biggest pillars is “the inversion of racial expectation”. It is paradoxical to say it is an innovative movie, when in fact it plays to some of the same stereotypes they are fighting against. To be fair, the focus of the movie is on an extremely wealthy Chinese-Singaporean family; thus, this movie is not trying to depict the entire Singaporean population. It is important to consider that regardless how great of a movie this is, there will always be some backlash. However, this may even be why it is such a great movie whereas it creates dialogue on topics that are often ignored or not noticeably addressed.

Assisting the Non-Assisted

On Monday, October 1, the Institute for Human Rights co-sponsored an event with local education, faith-based and law organizations, titled Addressing the Global Refugee Crisis – Part 1: Focus on Europe. Following, Dr. Tina Kempin Reuter, Director of UAB Institute for Human Rights, and April Jackson-MacLennan, J.D., from the Law Office of John Charles Bell, L.L.C., covered the legal challenges of this phenomenon from an international and national perspective, respectively.

Dr. Reuter Presenting Refugee Statistics. Source: UAB Institute for Human Rights

The event began with a viewing of the documentary Non Assistance, sponsored by the Consulate General of Switzerland in Atlanta, which illustrates how sociopolitical crises in the Middle East and North Africa have galvanized thousands of people to flee their home countries, permeating the Mediterranean Sea with frail boats past occupancy, holding limited supplies. Just like its title, the film focused on the lack of assistance refugee boats receive during their treacherous journey, highlighting the tragedy on March 27, 2011 that lead to 63 Tripolitanian refugee fatalities.

Despite endearment from many Europeans citizens, like the vigilantes that aim to rescue whoever they can with their personal boats, many ships in the Mediterranean to do not strive to assist the refugees. However, in 2015 alone, Doctors Without Borders rescued over 23,000 people in the Mediterranean with a just three boats, demonstrating how non-governmental parties can be instrumental in addressing this crisis. One theory for this disparity is, since the first country of contact is responsible for reporting asylum, governments do not want to carry the burden of assisting refugees. Such an outcome begs us to ask: What steps are the European Union (EU) taking to address this issue? How would you feel being lost and abandoned at sea with just the shirt on your back? Where is the humanity?

After the film, Dr. Reuter and Mrs. Jackson-MacLennan fielded questions from the aghast, yet spirited, audience. People wanted to know what can be done; answers centered on policy change and contacting elected officials. Others asked why rescue ships are being held at the ports, leading to discussion about the legal entanglements that now restrict these boats from aiding refugees. Despite there being less rescue boats navigating the Mediterranean and a drop in migration via this route, often attributed to slowing of violence in the Syrian Civil War, there is still a need to assist refugees.

Mrs. Jackson-MacLennan Engaging with a Student. Source: UAB Institute for Human Rights

On November 12, the sequel to this three-part series, titled Addressing the Global Refugee Crisis – Part II: Focus on the United States will be held at Birmingham-Southern College and followed by the third event in early 2019, at Samford University, where action planning around this global issue will take place. Please join us for the following events whereas every voice and helping hand counts.

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

by Dianna Bai

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

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

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

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

Sexual Harassment and Sexual Assault

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

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

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

Sexual Assault

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

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

Some of these attitudes include:

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

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

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

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

Sexual Harassment

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

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

a #metoo sign — Source: GGAADD, Creative Commons

The consequences for women

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

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

#MeToo Around the World & the Inevitable Backlash

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

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

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

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

The moment of reckoning for Brett Kavanaugh and #MeToo

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

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

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

Representation and Respect: Addressing Transgender Rights at UAB and Beyond

On Thursday, September 13, the Institute for Human Rights had the opportunity to host Joan Rater and Tony Phelan, parents to actor and student Tom Phelan; and Brianna Patterson, a transgender activist, veteran, former firefighter and UAB health educator. Joan covered her journey as a parent supporting her transgender son and advocating for trans representation on television, while Brianna shared her story of being a transwoman from the South, moving from social isolation to embracing her womanhood.

**Brianna, Joan and Tony Engaging with the Audience. Source: UAB Institute for Human Rights**

Joan opened with a presentation titled “Transforming My Family”, where she spoke about Tom’s transition that began at 17 but addressed his once reserved feelings about his gender. Tom was very confident as child, but this withered with his teens, becoming suicidal and even briefly moving from Malibu to Boston with his family so he could receive outpatient treatment. One day, after his mental health improved, while being dropped off at school, Joan and Tony received an email from Tom as he walked to class. The email was Tom’s proclamation of being transgender, at the time using they/them/their pronouns, while including resources for his parents to better understand. Usage of the internet and technology has proven to be a positive resource, not only for people in the transgender community to communicate, but to inform allies about the transgender experience, allowing to amplify these traditionally marginalized voices.

A year into his transition, with support of his parents, Tom pursued “top surgery” which is the process of removing one’s breasts through medical procedure. As soon as he had his doctor’s approval to workout, he began jogging without a shirt, feeling a sense of liberation. Soon after, Tom debated the idea of hormone therapy that would ultimately change his voice, becoming a compromise between his options as an actor and happiness. Tom chose the latter, eventually leading to a role as a trans teen, Cole, on ABC Family’s The Fosters. Once Joan saw her son’s role validating the experience of transgender fans, she saw it was her and Tony’s obligation, as television producers/screenwriters, to amplify such voices through media representation. This led to emergence CBS’s Doubt, including Laverne Cox as Cam, a transgender law graduate from Yale University who often litigated for underrepresented clients, contributing to the mainstreaming of complex, genuine transgender identities.

She then demonstrated the importance of voting in support of transgender rights and, if possible, donating to people and organizations who fight injustice professionally. Joan closed by insisting that when facing transphobia, we must be brave and cannot allow intolerance to go unchecked.

Brianna Patterson, an Alabama native and current health educator at UAB’s 1917 Clinic, shared the challenges and accomplishments throughout her journey, including her transition that began in 2012. Brianna expressed the first time she “felt different” was in 1^st grade, not knowing how to identify these feelings and consistently using the girls’ restroom. Also, with being raised by strict grandparents, Brianna claimed to have been disciplined violently when caught experimenting with her grandmother’s clothes. At the age of 14, Brianna experienced her first suicide attempt, followed by self-isolation in high school, poor grades and an immediate retreat to the United State Marine Corps (USMC) at 17.

Brianna felt her new home in the USMC gave her the unconditional love she didn’t receive back home. Although, she described having internalized transphobia because she didn’t feel masculine enough. However, after serving her term in USMC, which included tours during the Somalian civil war, Brianna, still, didn’t feel masculine enough. This led to her joining the fire service at a local department in Alabama, which she served for 23 years. Toward the end of this career, Brianna pursued hormone therapy, but was first refused care by nine different physicians throughout the state, demonstrating the discrimination transgender patients experience in the health care field. One day, after producing her driver license with her new name, following a traffic accident, the local officer spread the word about Brianna’s identity. As a result, two years before being eligible for retirement, the city council voted to demote Brianna’s Captain status, highlighting how Alabama doesn’t provide protections for the transgender community.

Soon after, Brianna finished her Master’s in Public Health, first working for Planned Parenthood and now representing UAB’s 1917 Clinic, a job she loves because she gets to address vaccine education, recruit research participants and address health issues salient to the transgender community. Although there was a silver lining in Brianna’s story, many don’t include such an ending, demonstrating the need for local, national and international protections for the transgender community.

Following Joan and Brianna’s presentations, the guests, alongside Tony, fielded questions from the audience, including insurance coverage for gender confirmation surgery, internet support networks, advice for coming out and how to be a genuine ally to the transgender community. Brianna responded to the latter by confidently saying, “The best way to be an ally: Treat everyone like a human being. Educate yourself. And if you wouldn’t ask a cis woman that question, you shouldn’t ask a trans woman that question.”

What Does a Cave Rescue Have to Do with Statelessness?

In July of this year, I was a student in a graduate level study abroad program, Conflict Transformation across Borders, in Quito, Ecuador, through the University of Massachusetts in Boston. It was an intensive three weeks of learning about transnational conflict transformation, with an emphasis on the unique challenges of border zones. My intention was to mostly ignore the outside world while in Ecuador, to focus on my studies, but I continued to closely follow developments in a situation that had begun before I traveled to Ecuador. On June 23, 2018, twelve boys, members of the Moo Pa (Wild Boars) soccer squad, along with their coach, were trapped by flood waters in the Tham Luang Nang Non cave system, near Chiang Rai in northern Thailand.

I was keenly interested in this cave rescue situation from day one, because I am a long-time cave explorer, trained in cave rescue, and I lived in Chiang Mai (in northern Thailand) from 2012 – 2013. Also, some of my caving friends and acquaintances were involved in the rescue operation. Ultimately the entire world became captivated by the rescue effort which reached a successful conclusion on July 10, 18 days after the group became trapped in the cave. (Sadly, one of the rescuers, Saman Kunan, an ex- Thai Navy SEAL diver, lost his life during the rescue.) It was quite possibly the most difficult and technically challenging cave rescue operation ever conducted, and its success was due to an unprecedented level of international cooperation, with hundreds of expert volunteers from at least 20 nations including Australia, Belgium, Canada, China, Czech Republic, Denmark, Finland, Germany, Israel, Japan, Laos, Myanmar, Netherlands, Philippines, Russia, Singapore, Spain, Sweden, Ukraine, the United Kingdom, and the United States.

As the rescue and its aftermath unfolded, details about the boys and their coach emerged, and the international community learned that the coach and most of the boys are from ethnic minority groups, or “hill tribes,” and three of the boys as well as the coach are stateless. The area is in close proximity to the Thailand-Myanmar border, and is home to many stateless ethnic minorities. Around 500,000 stateless people are registered in Thailand – members of ethnic groups who for generations have moved across borders in the mountainous regions between Thailand, Laos, Myanmar, and China.

The high profile nature of the Thai cave rescue has served to raise international awareness of the plight of stateless people in Thailand, who cannot travel outside their home provinces, and are not eligible for basic government services such as healthcare and higher education. After the successful completion of the cave rescue, the Thai government promised citizenship to the three boys and their coach within six months, assuming there are no complications. Will this promise become a reality? It’s a powerful symbolic gesture to fast-track citizenship for the three Moo Pa soccer team members and their coach, but how does this help the rest of the 500,000 stateless people in Thailand who are waiting to start the process, or struggling to get through the process (which is often lengthy and complex)? Statelessness is a difficult problem to address, and can only be handled one case at a time. It took a massive cave rescue operation requiring international cooperation among 20+ nations to speed up the citizenship process for just four stateless individuals.

In partnership with the UNHCR, Thailand has pledged to end statelessness by 2024, and more than 27,000 stateless individuals have become Thai citizens since 2011. There are many reasons that people might be stateless, but typically it happens because of discrimination – religious or ethnic, for example. Those who are stateless have no nationality, and are denied basic human rights. The UNHCR estimates that there are 10 million stateless people worldwide, and UNHCR’s #IBELONG campaign seeks to end statelessness in the next decade. Everyone has the right to a nationality!

My hope is that the increased awareness of statelessness generated by the Thai cave rescue will help to bolster international support for the UNHCR’s #IBELONG Campaign to End Statelessness, not just in Thailand but worldwide. As individuals, we can help by signing up to support the campaign at http://www.unhcr.org/ibelong/ . Will you do it today?

Angela Morgan works for UAB Health System as a database administrator, and is a student in UAB’s Anthropology of Peace and Human Rights graduate program. Outside of school and work she has many interests including traveling, caving, hiking, backpacking, and photography.

No More No Less: Basic Human Rights are Transgender Rights

I am a person who is transgender.

Transgender is an umbrella term that includes those that identify on the gender spectrum. It is the term used to describe an individual whose gender identity and expression are different from expected societal norms. Gender identity is the personal sense of one’s own gender, and for the majority, it correlates to the sex assigned at birth. Gender expression is a person’s behavior, mannerisms, interests, and appearance that are associated with gender in a particular cultural context. The social normative gender spectrum in most western cultures has been for centuries, binary: male and female. The basis of this binary was the presence of sexual organs at birth. When I was born, the doctor, based upon the presence of a penis, assigned me male at birth, in accordance with the binary gender spectrum. However, internally I was female.

I identify as female. As a transwoman, I continually fight a battle against erasure of my life and existence. Since transitioning I have suffered erasure by losing a career of 23 years, health insurance that will not cover medically necessary treatments, been refused treatment by medical professionals, and the state will not acknowledge my identity.

To live my life, I had to do this without acceptance from others including family and friends. I did not live on the streets because I remained hidden. I understood from growing up with my deeply religious grandparents that if I were different—my true self, I would be disowned. I made many poor choices, started drinking at age 11 and dealt with anger issues up until I got ordered to anger management counseling by the United States Marine Corps (USMC). It must have been bad for the USMC to think I was too angry to deploy. I grew up before access to the internet (no old jokes), and I had no names for what I knew about myself, so like many I suffered in silence until I figured it out much later in life. I want to make it better for the young transgender and non-binary individuals that are coming out today.

Social-Ecological Factors

Every level of the social-ecological model, from individual or intrapersonal level, all the way up to the societal or structural level in the transgender community fights against identity erasure. Many, including myself, suffer from internal transphobia. Tran individuals encounter internal transphobia as a byproduct of absorbing negative messages about not following the societal norms. Internal transphobia can occur with something as simple as not using the preferred name or pronouns, and/or through the attempt by family members to “correct” the behavior through abusive methods. For example, if society continued to identity Caitlyn Jenner as Bruce Jenner, then society contributes to the manifestation of internal transphobia she might seek to overcome. Additionally, by not employing gender pronouns like he/him: female transitioning to male (FTM), or she/her: male transitioning to female (MTF), and encouraging abusive practices like conversion therapy or berating about dating/sleeping with members of the opposite sex, society infringes upon the rights of Trans individuals to dignity and personhood.

The feelings associated with internal transphobia are the result of many years of discrimination, rejection, and ignorance about the rejection of gender norms. Depression can result in dangerous behavior. At the interpersonal level, family and friends reject many trans folk when they come out as transgender or gender non-conforming, mainly due to the preconceived notion of a binary gender system. The rejection becomes isolating and often leads to homelessness. In addition, some receive abuse from programs designed to rid individuals of these kinds of thoughts. The non-conformance to traditional gender norms of male and female can lead many to demonize transgender people who are out and trying to live their life. As a marginalized community, members of the transgender population are subjected to violence, harassment, discrimination, and vilification by society as a whole. The National Center for Transgender Equality (2011) survey found that those individuals that are gender non-conforming in grades K-12 were 78% more likely to be harassed, while 35% report surviving assaults. The current situation in the U.S. in regards to which bathroom transgender individuals should use leads to increase harassment. Transgender people are viewed as perverts, and being attacked for wanting to pee in peace. These types of attacks create high levels of anxiety, depression, and isolation.

The constant threat of discovery lead many to remain in hiding, leading to increased suicidal ideology. For example, the Transgender population suffers from an abnormally high suicide rate of 41% compared to 1.6% of the general population in the US. The murder rate of transgender continues to climb each year here in the US. Since 2013, an average of 25 trans women have been murdered, and there have been 18 killed this year. According to Bauer et al., a high social support network showed a 48% decrease in suicide ideation and of those with ideation, 82% decrease in attempts of suicide. The population suffers from many forms of social exclusion, and one of the main determinates is that this population is rarely counted; thereby, resulting in the marginalization of the transgender population.

At the societal level, this population is highly marginalized, even within the LGB community and the “T” not well represented. Due to fear, many of those who identify as transgender, are unable or unwilling to make their voice heard. This discriminatory practice reinforces an individual’s ability to care for one’s self. Few policies provide protection for, and individuals gender identity or expression. The lack of protections at the local, and state level allows discriminatory practices to continue, contributing to the overall marginalization of the transgender community. The use of conversion therapy to cure this non-compliance with gender norms is only illegal a few states and the District of Columbia.

The current data suggests there are about 1.4 million adults within the US that identify as transgender. This estimate is double the widely used previous estimate, and many organizations believe this number remains far too low. The lack of research and information on transgender issues is a direct result of this form of social exclusion and leads to incorrect assumptions about the population. Individuals suffer from social exclusion by losing family and friends when they “come out,” or being bullied at school, work, or on social media sites because they are different and challenge the gender norms. Most Trans folk keep their identity private due to discrimination and harassment. Ninety percent of Trans adults report experiencing attacks or discrimination because of their identity. In the workplace, 47% of Trans folk are fired, denied a promotion, or not hired. I lost my career of 23 years when I transitioned.

I lost my job as a fire department captain/paramedic. When I began my transition I believe that my history of good performance and exceptional results over the years of service would provide a buffer for any negative concerns that were raised. However, this was not the case and upon my coming out to the fire chief and deputy fire chief it was clear they did not wish to continue my service to the community. Things were rocky, but the mayor and personnel director had taking my side in the arguments that developed. But, to my dismay the chief had work with the city council and gathered enough votes to begin my termination. I had 23 years in public safety and two more years till retirement. Due to the lack of protects for transgender workers, there were not many options available at the time. However, I had returned to school to build my education, fearing that this might happen I wanted to be prepared.

Despite the setbacks, I have accomplished what many transgender individuals are unable to do. I returned to school, completed my undergraduate and graduate coursework, and graduated with a Master’s in Public Health. Now, I work at UAB which has been accepting and minus a few speed bumps been inclusive of my gender expression/gender identity. I hope to make a difference in the local transgender community here in Alabama by starting the conversation and showing that Tran men and women positively contribute to society and only want to live their lives just like everyone else. So please come join the conversation with UAB’s Institute for Human Rights and Department of English as they present “A Human Rights Approach to Transgender Issues.”

I am just a woman trying to leave a better place than what I found and live my life authentically.

Child Marriage Threatens Human Rights

by Nicole Allen

Child marriage is an institution of the past, only existing when life expectancies were short and women’s rights were nonexistent, right? It no longer happens in the United States. Surprisingly, both statements are false. Your grandparents might have married when they were teenagers, and you might think that they were so young to be taking such a major, life-changing step. But, did you know that your neighbors might be doing the same thing? That’s because child marriage is a current practice in both the United States and abroad. Legislation and organizations are working to end it. They hope to make it a practice our own grandchildren might hear about but never witness. In May 2018, John Carney, the governor of Delaware, signed a law that requires people to be eighteen years old or older to marry. This made Delaware the first state in the nation to outlaw child marriage. The state of New Jersey followed Delaware’s lead when governor Phil Murphy signed a bill in June that banned marriage for participants under the age of eighteen.

What Is Child Marriage?

Most U.S. children who marry under the age of eighteen are sixteen or seventeen years old; however, some are as young as twelve. Some states do not even have a minimum age for marriage. This article follows the definition of the United Nations, which defines a child as an individual under the age of eighteen. The organization’s Convention on the Rights of the Child states: “For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.” According to the UN, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” The United Nations hopes that these safeguards shield children from a number of harmful factors, such as child marriage and even certain government policies. The UN high commissioner for human rights, for example, decried the U.S. federal government policy of separating immigrant children from their parents in 2018.

Child marriage is common worldwide. How common? Some statistics estimate that in the next decade alone, 140 or 150 million girls will marry before their eighteenth birthdays. Some children marry as young as the ages of seven or eight. While some people claim that child marriage is the product of a specific culture, it is common across many cultures, ethnic groups, religions, and countries. India has many child brides in its large population, but the rates of child marriage are also high in African countries near the Sahara Desert, such as Niger.

What Are the Risks of Child Marriage?

Most of the people entering child marriages are female. Proponents of child marriage state that the marriages exist to protect girls from violence and sexual predators. They state that child marriage offers girls better economic futures. But, child marriage often exploits girls instead of protecting them. It often decimates the girls’ futures. Child marriage often makes girls victims of sexual predators instead of protecting them from such violence. Many child brides are forced into marriage to adult men. These marriages might help the men avoid arrests and prosecution for statutory rape. Human Rights Watch and other opponents against child marriage state that the practice perpetuates the continued sexual abuse of minors and gives legal permission for their abusers to do so without criminal repercussions.

If the child brides have children themselves, it can lead to medical and social problems. Sandra L. Hofferth states that teenage pregnancy can cause “low birth weight, complications of the mother’s pregnancy and delivery, and health problems associated with poor perinatal outcomes; greater risk of perinatal death; lower IQ and academic achievement later on, including a greater risk of repeating a grade; greater risk of socio-emotional problems; a greater risk of having a fatal accident before age one; and finally, a greater probability of starting one’s own family at an early age.” Marrying young can also wreak havoc with the young brides’ mental health. Le Strat, Dubertret, and Le Foll have found that females who marry in childhood are “more likely to seek and access health services.” These mental health conditions can include depression or drug addiction, two illnesses that can affect the mind and the body and can require extensive treatment. These studies both illustrate how child marriage can create mental and physical problems for young brides and their children.

Child marriages often prevent girls from furthering their educations or starting careers. These limitations, their often-limited legal statuses, and their young ages often make it difficult for young spouses to act as equal partners in their marriages. Often, child brides (and grooms) suffer physical, sexual, and/or emotional abuse from their older and more powerful partners, yet, their lack of personal agency and physical power renders them helpless and powerless to stop spousal abuse and seek divorce. They might not be able to legally divorce their spouses if they are under the age of eighteen, even though they were legally permitted to marry them in the first place. Child marriage, then, often creates victims who continue to be victimized for years, sometimes for their entire lives. Children when they marry, these brides encounter limitations that could keep treating them as children economically and legally.

How Are Politicians Addressing Child Marriage?

Politicians have voiced different opinions about the practice. Former New Jersey governor Chris Christie said banning child marriage entirely would “violate the cultures and traditions of some communities in New Jersey based on religious traditions.” His successor as governor, Phil Murphy, signed the bill to end the practice in 2018, however. Many U.S. states have provisions that allow people to marry under the age of eighteen, especially if they have parental or judicial consent. Some states allow girls to marry under the age of eighteen if they are pregnant and will allow children to marry whether they want to or not. Pregnancy is another reason some legislators use for supporting child marriage, arguing that marriage can help end the stigma sometimes associated with teen pregnancy (even regardless of whether this pregnancy is the result of rape). Legislators in other states, meanwhile, are echoing Delaware and New Jersey’s actions and establishing a mandatory minimum age for marriage. In 2018, the state of Florida passed legislation requiring a minimum age of seventeen to marry if the participants have parental consent and their prospective spouses are no more than two years older than they are.

New Hampshire passed a law that requires all participants to be at least sixteen years old to marry. Previously, boys had to be at least fourteen to marry and girls had to be at least thirteen years old. This law came after the New Hampshire House of Representatives failed to pass a law that would have raised the legal age of marriage to eighteen for both sexes in 2017. Other U.S. states allow minors to marry under the age of eighteen, often with specific requirements. The state of Virginia, for example, allows emancipated minors to marry. It also allows sixteen-year-olds or seventeen-year-olds to marry if they have parental consent. Different laws, thus, exist in different states. Could these differences create confusion and assumptions about child marriage? People might assume that children under the age of eighteen are prohibited from marrying everywhere in the United States, yet that is clearly not the case.

Girl wearing a wedding dress. Source: Amy Ann Brockmeyer, pixabay.com

How Are Organizations Addressing Child Marriage?

Many organizations are also addressing child marriage. Unchained at Last is a U.S.-based nonprofit organization provides emotional, legal, and social support to girls and women forced into marriage. The website allows legal and mental health professionals to apply to offer their pro bono services to help females impacted by child marriage. The organization was also instrumental in the creation and passage of New Jersey’s law to end the practice. Given that child marriage is a global problem, it makes sense that international organizations also work to combat it. The International Women’s Health Coalition (IWHC) has partnered with two Cameroon-based groups that help females forced into early marriage, the Association pour la Lutte contre les Violences Faites aux Femmes (the Association to Combat Violence Against Women, ALVF) and the Association pour la Promotion de l’Autonomie et des Droits de la Jeune Fille/Femme (APAD). The APAD provides skill-building programs and literacy to help victims of forced or young marriage. The organization educates the girls and women in these marriages and their communities about human rights. The ALVF also supports girls in Cameroon, stating on its homepage that “Our Association fights against all forms of violence against women and girls in the Far North of Cameroon.” The two organizations share goals and a common lineage, as members of the ALVF formed the APAD.

Girls Not Brides: The Global Partnership to End Child Marriage (Girls Not Brides) is another international coalition of organizations working to end forced marriages for girls and other forms of child marriage. The organization developed a theory of change in 2014. According to its website, this theory includes strategies its organizers believe can end child marriage, such as

Giving girls power and agency, including educating girls about their rights to refuse marriage and helping them develop the tools they need to make their own decisions.
Working with communities and parents to raise awareness about the risks surrounding child marriage and the benefits of supporting the human rights of girls and women.
Developing programs and organizations to ensure that girls have access to education, health services, and other resources so they can refuse child marriage or thrive after they enter such marriages.
Creating and developing policy and legal structures, such as legislation to close loopholes that permit people under the age of eighteen to marry.

Girls Not Brides hopes that these strategies will help girls lead happier, more successful lives as well as end child marriage.

How Can You Help End Child Marriage?

Organizations are enlisting the help of others to address child marriage. Girls Not Bride suggests that people can

Share facts and infographics to help educate others about the issue.
Use social media to discuss child marriage.
Sign petitions to generate attention about forced marriage and child abuse.
Donate to organizations around the world who work with affected young people.

Although many citizens of Western countries may not be aware that child marriage is a problem, it does in fact exist and often in their own communities. Child marriage has far-reaching, lifelong consequences. Ending it can improve the lives of girls and women worldwide.

The United Nations and Psychosocial Disabilities

Recently, members from UAB’s Institute for Human Rights (IHR), including myself, had the opportunity to visit the United Nations (UN) in New York City for the 11th Conference of States Parties (COSP) on the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD is an agreement that details the rights of persons with disabilities (PWD) with a list of codes for implementation, where both states and disabled people’s organizations (DPOs) are suggested to coordinate to fulfill such rights. Currently, the CRPD has 177 ratifying parties, with the United States being one of the last to have not ratified it, although it was modeled after the Americans with Disabilities Act (ADA), the cornerstone for disability rights in the U.S.

I had the opportunity the serve as rapporteur for Round 3 of the General Debate, witnessing representatives address issues such as education and employment barriers for PWD in rural Afghanistan, India’s concern about the treatment of women and girls with disabilities, Malta’s 20 million Euro dedication to programs and organizations for PWD and Peace 3 Foundation describing how climate change disproportionately endangers PWD. Additionally, I attended many side events that covered topics such as the Voice of Specially Abled People (VOSAP) phone app, barriers to political participation in the Middle East and North Africa, and the first Regional Report of the Americas. The side events were less formal and engaging because the audience was welcomed to participate by sharing their thoughts and expertise, allowing coalition building to take place.

**IHR at the 11th COSP to the CRPD. Source: UAB Institute for Human Rights**

Amid this experience, there were a few important lessons learned. First, there is an enormous push for inclusive education, as opposed to special education, which values PWD’s contributions, equips them with essential skills and validates their societal presence. This approach would allow PWD, namely children, to learn and grow with their peers. Secondly, many nations are not responsibly addressing psychosocial disabilities which are clinical conditions/illnesses that affect one’s thoughts, judgments or emotions. Many countries have legislation that prevent people with an “unsound mind” from full participation in society, which doesn’t relate to one’s acts, but only their character. This stigmatizing approach effectively criminalizes their disability status, possibly resulting in forced institutionalization that separates them from loved ones and their community. Finally, there are countless people worldwide addressing disability rights. In the U.S., it seems disability rights are in the background, while other justice causes get most of the attention; however, I am confident that persistent coalition-building between justice organizations, especially in our impassioned political climate, will change this narrative, much like the collaborations built through the CRPD.

I want to use this blog as an opportunity to address an issue that has personal sentiments and speaks to my second point, stigma toward people with psychosocial disabilities (PWPD). Given my experience working in homeless shelters and having someone close to me who was institutionalized for their schizophrenia diagnosis, I believe there is a cultural disparity in how we talk about psychosocial disabilities because, on many occasions, they are addressed from a criminal and/or deviant lens, often devaluing the person(s) being addressed. According to the Mental Health and Human Rights Resolution of the Office of the United Nations High Commissioner for Human Rights, PWPD are defined as those, “…regardless of self-identification or diagnosis of a mental health condition, face restrictions in the exercise of their rights and barriers to participation on the basis of an actual or perceived impairment.” Psychosocial disabilities differ, meaning they are capable of being episodic, invisible and/or not clearly defined (e.g. depression, post-traumatic stress disorder and schizophrenia). Also, psychosocial disabilities are subjected to a medical narrative that arguably benefits mental health industries more than consumers.

Two years ago, during the 9^th COSOP to the CRPD, Paul Deany (Disability Rights Fund Program Officer) claimed psychosocial disabilities are addressed in many countries through Western-influenced legislation that is separate from other disabilities, streamlining the establishment of psychiatric institutions that undermine fundamental issues for PWPD such as workforce participation, health care and political/rights. Therefore, we cannot view this concern as being exclusive to poor, underdeveloped nations because psychosocial disability stigma in rich, developed nations have fed this narrative and still have a prominent effect on PWPD. Although, to achieve collaborative global efforts that empower PWPD, supportive mental health policy must, first, be endorsed on the homefront. For example, political turmoil in the U.S. has contributed to recent events geared to strip health coverage from millions of vulnerable Americans. These efforts clearly demonstrate political incompetence of the mental health discussion at-large and confess to a larger narrative that admits power doesn’t always equate to knowledge and global leadership must be justified, not assumed.

Although many countries have enacted and enforced rights for PWPD, other countries are falling behind. For example, in Indonesia, roughly 18,000 people are forced into pasung, the practice of shackling or locking one in a confined space. Although pasung was banned by Indonesian authorities in 1977, families and healers continue to exercise this inhumane practice because they believe evil spirits or immoral behavior induce such disabilities. A similar practice in Ghana, at Nyakumasi Prayer Camp, was scrutinized last year, followed by the release of 16 people and the country’s Mental Health Authority claiming they would begin properly enforcing the shackling ban put into law in 2012. Such treatment of PWPD clearly impinges the Universal Declaration for Human Rights (UDHR), a watershed document for global peace, by violating commitments to end “cruel, inhuman or degrading treatment or punishment” (Article 5) and equal protection before the law without discrimination (Article 7).

To someone living in the modern U.S., such treatment seems unimaginable. However, past images of PWPD experiencing isolation and inhumane treatment inside the asylum walls are now echoed from a different, yet similar, perspective. During the mid-20th century, the U.S. underwent a period of deinstitutionalization which saw the closing of large state institutions that harbored PWPD. Largely due to the advent of the antipsychotic drug Thorazine, thousands of people were discharged from state mental hospitals and the shutting of such doors soon followed. However, the following decades have seen an influx of criminalizing PWPD, leading to their incarceration, where jails and prisons now serve as some of the nation’s largest de facto mental hospitals. This series of events, which moves PWPD from one total institution to another, undermines the liberation narrative of deinstitutionalization by continuing to segregate PWPD from their families and communities. As a result, this misfortune contributes to the current crisis that has seen the U.S. prison population increase by 408% between 1978 and 2014.

These appalling scenarios underscore a comment made by the representative of Kenya, during my visit to the UN, who insisted that policy cannot solely enforce human rights because programming must also be present to guide that path. Since 2007, Users and Survivors of Psychiatry in Kenya, a DPO, has not only influenced legislation that expands the rights of PWPD, but also organizes participatory public education programs through various media outlets, challenging stigma and misconceptions. On the other side of the Atlantic, in Connecticut, the Center for Prisoner Health and Human Rights works with local governments, universities and health systems to ensure recently incarcerated people access health care and insurance. Many of the individuals receiving such care access health-related goods and services to treat psychosocial disabilities that could’ve influenced or been a byproduct of their incarceration. Looking forward, this is the type of advocacy and programming that needs to be highlighted so it can be shown that good governance, particularly through the CRPD and ADA, is possible.

Toward Justice for the MH17 Victims and their Families

a plane wing — Flying. Source: Kristina D.C. Hoeppner

The preamble of the Universal Declaration of Human Rights (UDHR) puts it clearly, “Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” Any violation of the basic principles of human dignity and rights thus presents an obstacle to freedom, justice and peace. Article 3 of the UDHR, arguably one of the key articles of our interdependent world’s main human rights instrument, states unequivocally, “Everyone has the right to life, liberty and security of person.” The 298 fellow humans who were blasted out of the sky by a Russian missile four years ago to this date shared our common human dignity and universal right to life. On that fateful day in July of 2014, the Boeing 777 airliner servicing Malaysian Airlines flight MH17 from Amsterdam to Kuala Lumpur was struck by a Buk surface-to-air missile controlled by Russia’s 53rd Anti-Aircraft Rocket Brigade, based in the city of Kursk. The Joint Investigation Team, a Dutch-led international probe, concluded in May 2018 that the missile had been brought from Russia into an area held by Moscow-backed rebels in eastern Ukraine and was filmed several times on July 17 and 18 in that area.

On July 15, 2018, the G7 foreign ministers issued the following statement in advance of the anniversary of the downing of Malaysian Airlines Flight MH17, and in advance of the meeting between President Trump and President Putin in Helsinki:

“We, the G7 foreign ministers, of Canada, France, Germany, Italy, Japan, the United Kingdom, the United States of America, and the High Representative of the European Union, are united in our condemnation, in the strongest possible terms, of the downing of Malaysia Airlines Flight MH17, a civilian aircraft flying from Amsterdam to Kuala Lumpur on July 17, 2014.

“MH17 was carrying 298 crew and passengers, nationals of Australia, Belgium, Canada, Germany, Indonesia, Ireland, Israel, Italy, Malaysia, the Netherlands, New Zealand, the Philippines, Romania, South Africa, Vietnam, the United Kingdom and the United States of America.

“We fully support the work of the Joint Investigation Team (JIT), an independent criminal investigation led by the Netherlands, Australia, Belgium, Malaysia and Ukraine. The JIT’s findings on Russia’s role in the downing of MH17 are compelling, significant and deeply disturbing. The G7 recalls that UN Security Council Resolution 2166 demands that all states cooperate fully with efforts to establish accountability. We are united in our support of Australia and the Netherlands as they call on Russia to account for its role in this incident and to cooperate fully with the process to establish the truth and achieve justice for the victims of MH17 and their next of kin.

“In a rules-based international order, those responsible for unacceptable actions, such as the firing or launching of the BUK missile of Russian origin, which intercepted and downed a civilian aircraft, must be held accountable. To this end, we call on Russia to immediately engage with Australia and the Netherlands in good faith to explain and to address all relevant questions regarding any potential breaches of international law.

“We express once again our deepest condolences to the families of the victims of MH17. We stand together against the impunity of those who engage in aggressive actions that threaten the rules-based international order, anywhere, anytime, and under any circumstances.”

It may be that the citizens of the free world will never know what President Trump and President Putin talked about in their secret get-together in Helsinki. From the little that we do know we cannot tell whether or not the MH17 human rights atrocity was part of what Trump and Putin discussed. Neither President has mentioned it during their joint press conference or at any time thereafter until now. Prior to the G7 statement, Russia has steadfastly refused to cooperate with the international probe despite multiple request by the international community to do so. If both Mr. Trump and Mr. Putin remain silent on the matter this might give the impression that both men are colluding on obstructing the international community’s mission to achieve justice for the victims of MH17 and their families. Silence can spawn fake news. President Trump would do well to let the American people know whether or not he reiterated the call for Russia’s full cooperation with the international probe directly with Mr. Putin. He should also let the world know what he intends to do from now to see to it that this call is heeded by Russia.