International – Page 11 – UAB Institute for Human Rights Blog

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.

The History of Pride

Pride Flag flying — Rainbow Pride Flag. Source: Benson Kua, Creative Commons.

The month of June is known as Pride Month for the LGBTQ community. Pride means more than its dictionary definition to the LGBTQ community and has a long history.

The fight for marriage equality began in 2010 with United States v. Windsor. This case challenged the constitutionality of the Defense of Marriage Act (DOMA). This Act stated that only marriages between a man and a woman were recognized by the federal government, but allowed for state governments to recognize them. Edith Windsor was widowed after her spouse, Thea Clara Spyer, who passed away in 2009. She was the sole survivor of their estate. Windsor and Spyer were legally married in Canada in 2007, and their marriage was recognized by their home state of New York. Spyer left in her will that the estate would be left to Windsor, but because their marriage was not recognized by federal law, over $350,000 in estate taxes was issued to Windsor. If their marriage would have been recognized by the federal government, no taxes would have been issued.

Windsor filed a lawsuit against DOMA and its constitutionality in 2010. At that time, DOMA was upheld by the government; however, in 2011 President Obama and Attorney General Holder announced that they would no longer defend DOMA. The House of Representatives then created a provisionary group to defend DOMA but the district court found the group to be unconstitutional. Windsor was given a refund for the estate taxes she was forced to pay and DOMA was declared unconstitutional by the Supreme Court of the United States (SCOTUS). States were then allowed to issue marriage licenses to same-sex couples if their governments chose to allow such.

Efforts for marriage equality continued with James Obergefell and John Arthur James, who were residents of Ohio. They decided to go to Maryland to get legally married after years of being together when James was diagnosed as terminally ill. The couple wanted to designate Obergefell as the surviving spouse on the death certificate, but Ohio’s laws allowed for refusal of same-sex marriages and their recognition even if the couple was legally married in another state. Obergefell v. Hodges was brought to the South District Court of Ohio to challenge the state’s discrimination against same-sex couples. The Ohio Registrar agreed that the law was unconstitutional but the Ohio Attorney General decided to uphold the state’s same-sex marriage and recognition ban. The case continued through the fourth, sixth, seventh, ninth, and tenth circuit courts of Ohio. All but the sixth circuit court agreed that the state-level ban on same-sex marriage was unconstitutional. Because all of the courts did not rule the same, a Supreme Court intervention was inevitable. While the case was going through the circuit courts, James passed away.

During two years of appeals, Obergefell v. Hodges became larger. Plaintiffs of Bourke v. Beshear from Kentucky, DeBoer v. Snyder from Michigan, and Tanco v. Haslam from Tennessee were added. The plaintiffs in each of these cases had been denied marriage rights from their home state, even if their marriages happened in another, just as Obergefell had. It was in April of 2015 when Obergefell v. Hodges, which now consolidated the cases from all four states, presented oral arguments to the Supreme Court of the United States (SCOTUS) to challenge the states’ same-sex marriage bans constitutionality. Two months later on June 25th, SCOTUS ruled that marriage is a constitutional right and ruled in favor of marriage equality. This allowed for same-sex marriages to be legalized by the government.

While the historic ruling by SCOTUS happened in 2015, June has been Pride Month for decades before marriage equality. We know Pride Month today as a month-long celebration full of parades, events, and parties. It did not begin that way. The first Pride Parade was a riot at the Stonewall Inn, which is known as “the place that Pride began.”

The Stonewall Inn. Photo by Tyler Goodwin

Stonewall Inn, New York City, 1969

It was illegal to engage in homosexual behavior, giving the police the “right” to attack anyone thought to be gay and arrest them. A majority of the gay bars and clubs had been raided and shut down by the New York City Police Department (NYPD). On the evening of June 28^th, a group of people gathered at one of the few gay bars that remained open, The Stonewall Inn. The police barged in shouting, “We’re taking the place!” The patrons then began to resist. As those who were at the Stonewall Inn were arrested, a large crowd formed outside of Stonewall. Marsha P. Johnson, a transgender woman of color and LGBTQ activist was outside. She threw the first brick in protest and ignited the Stonewall Riots. The riots were eventually doused that evening by police reinforcements but protesters returned the next night with over 1,000 people filling the streets. The people of Stonewall emerged victorious by fighting back. As a result of the riots, the police ceased to interfere with LGBTQ safe spaces and no longer attacked them on the streets; and by making headlines across the country, LGBTQ issues were brought to the forefront, organizations were started, and the community began to fight for their rights. The Stonewall Riots began the LGBTQ movement.

Marches, today known as Pride marches, sparked across the US when news spread of the riots. The Stonewall Riots were violent; however, they ignited a nonviolent movement across the nation and world. June has been deemed Pride Month in honor of the riots.

A Symbol of Unity, Hope, and Safety

The first Pride Flag was designed by Gilbert Baker in 1978, in San Francisco. It was in honor of Harvey Milk, who was elected to the San Francisco Board of Supervisors. Milk tasked Baker with drafting up a design for his campaign. His platform was hope for the young gay people, saying, “The only thing they have to look forward to is hope, and you have to give them hope.” Thus, the Pride Flag was born. Milk was the first openly gay person to hold public office in a major US city and was later assassinated for that same reason. After his death, the Pride Flag production increased. Businesses all over San Francisco were flying them proudly in remembrance of Milk. “T he flag is an action – it is more than just a cloth and the stripes. When a person puts the Rainbow Flag on his car or his house, they’re not just flying a flag. They’re taking action,” Baker said, “I am astounded that people just got it…that this was their flag. It belonged to all of us.”

The original Pride Flag had seven colors, with fuchsia, which represented sexuality, at the top. However, due to a shortage of fuchsia in the factory where it was reproduced, it was condensed to the six-color flag that flies today. The remaining six colors also represent something powerful and meaningful to the LGBTQ+ community. Red stands for life. To some people, coming out as LGBTQ can mean life or death. In a lot of scenarios, when one comes out their family shuns them, kicks them out, and/or verbally abuses them. This pushes a lot of youths to suicide. Suicide is the 2^nd leading cause of death among young people, and LGBT youth are four times likelier to attempt than straight youths, according to Innerbody Research. Red represents the importance of life, and how giving up on it is never the answer. Orange represents healing powers of love in the community. Yellow is for sunlight. It is a metaphor for being yourself rather than hiding in the shadows. Green stands for nature and everyone’s ties to it. Blue represents serenity, which is defined as a state of being calm, peaceful, and untroubled. Finally, violet stands for spirit, which is the most important of all the colors, as the spirit unique and inalienable.

Other symbols of Pride and safe-spaces have also emerged in the past few years. Organizations like the Human Rights Campaign have trademarked the yellow equal sign with a blue background. This symbol is known in the United States but the Pride Flag remains the prominent international symbol.

Human Rights Campaign. Source: Ron Cogswell, Creative Commons

Progress has been made for the LGBTQ community, but there have been large setbacks as well. During Pride Month last year, 49 lives were taken at Orlando’s Pulse Nightclub in the deadliest mass shooting in modern-US history that took place during Orlando’s Pride celebrations. Sean Kennedy was another hate-crime victim. In 2007, he was leaving a bar in South Carolina when he was attacked for his sexuality and died as a result of it. In 1998, Matthew Shepard made headlines across the nation when he was found beaten, tortured, and left to die while tied to a fence in Wyoming.

The United Nations Universal Declaration of Human Rights (UDHR) sets fundamental human rights to be universally protected. During Stonewall, the Pulse Shooting, and the individual murders, many rights declared by the UHDR were violated:

Article 3: Right to life, liberty, and security of person. The Stonewall Riots happened because queer folk had been attacked by the police without cause, violating their security of person. The Pulse Shooting and the Kennedy and Shepard murders were violations of the right to life.
Article 5: No one shall be subjected to torture or to cruel, inhuman punishment. Shepard was tortured and brutally beaten before he died.
Article 7: All are entitled without any discrimination and equal protection to of the law. In the case of Stonewall, NYPD had not only been attacking the LGBTQ community, they were being denied justice by not having their attackers persecuted.
Article 9: No one shall be subjected to arbitrary arrest. The LGBTQ folk were being arrested for being LGBTQ in New York.
Article 19: Everyone has the right to freedom of opinion and expression. Throughout history and in modern times, the LGBTQ community is targeted simply for existing.

There were many countries that gave same-sex couples the right to marry before the US. The Netherlands, in 2001, became the first country in the world to allow same-sex marriages. Many countries joined the Netherlands, including Canada, Belgium, France, and Ireland to name a few (You can see the timeline of when countries allowed same-sex marriage here). Today, June 30, German Parliament voted to legalize same-sex marriage. That makes 22 countries in the last 16 years allowing same-sex marriages, which is important as it shows that the world is growing to be more accepting of the LGBTQ community. Countries that allow same-sex marriage gives validity to its citizens that identify as LGBTQ and promotes a more accepting environment. According to Forbes, when same-sex marriage is legal, LGBTQ youths are less likely to commit suicide and hate-crimes decrease.

In contrast to the 22 countries that allow and support same-sex marriage, there are 76 countries that have anti-LGBTQ laws in effect today. Last week, Turkish police shot rubber bullets at Pride Parade attendees and proceeded to detain who they could. In Chechnya, reports of a concentration camp for those who identify as homosexual made headlines as more than 100 men were abducted, tortured, and few were killed in a systematic purge of the LGBTQ community.

The world can be a scary place for someone who identifies as LGBTQ. It is imperative that those of us who can remain resilient and visible by not being afraid to show who you are. Showing up at Pride celebrations are easy ways to let the world know that the LGBTQ community exists, and gives comfort to those who cannot “come out”. That is exactly what Pride Month stands for. It is a time for us to unite and show our pride. Pride means strength, unity, and acceptance.

A Peculiar Request: The Right to Life

the beginning of the March for Our Lives. A group of girls holding signs of some of the victims of gun violence — photo by Ajanet Rountree

Paducah, Kentucky.

This is the first school shooting I remember. All these years later, I still remember what I thought once I saw the photos: “How did this happen? Surely this is a random tragedy that will never happen again.” The writing of this blog comes just over five weeks on the memory side of the Marjory Stoneman Douglas High School shooting in Parkland, Florida and on the same day as the Great Mills High School shooting in southern Maryland. The shooting at Heath High School is a distance memory, eclipsed by Columbine High School in Littleton, Colorado, Sandy Hook Elementary in Newton, Connecticut, and Huffman High School in Birmingham, Alabama.

Many conversations and references, in recent weeks, center on the complicated nature of the gun control debate in the United States (US) due to the Parkland shooting and uncharacteristic demands of the teenage survivors. This blog does not directly address those conversations or references. There are many sides to the issue and other blog writers this week gave voice to some of those issues. Therefore, this blog explores the peculiar request of the teenage survivors, which is, seemingly lost among the defense of the Second Amendment.

The right to life.

It seems peculiar that children are demanding adults to protect their lives, to look out for their best interest, specifically when many in the US pride themselves on their pro-life stance. They champion every bill, legislative act, or protest which positions them as the protector of the “rights of the unborn”. As protectors of the unborn, they label women who choose to have abortions and the medical practitioners who perform the abortions as murderers. Some pro-life advocates stand outside Planned Parenthood centers, shouting vile, hurtful words and phrases at patrons and workers. They object to numerous women’s rights issues. All this occurs because of their belief in protecting the innocent, unborn baby who deserves the right to live.

Where are the pro-life advocates joining the protests initiated by the Parkland students who are demanding the protection of their right to life? These children lost their innocence when their classmate murdered their friends and teachers in hallways and classrooms on Valentine’s Day. Many pro-life advocates are standing on the sidelines, protecting their Second Amendment constitutional right to bear arms. Yet, at what point did adults abdicate their responsibility to protect the lives of children to protect their rights to own weapons? Does the “pro-life” label still apply when there is a willful and complicit allegiance to a hobby and lobbying group than to children?

Perhaps a reclassification needs to occur wherein we label pro-birth rather than pro-life.

The Convention on the Rights of the Child (CRC), in accordance with the Universal Declaration of Human Rights (UDHR) asserts, “A child means every human being below the age of eighteen years… [and] in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” When the best interest of the child is the primary consideration, how has the brutal transformation of schools and universities continued? It seems implausible that for the last 20 years, parents across the US have sent their children to school with hopes and dreams for the future, only to have to bury their 5-18-year-old days later. The Children’s Defense Fund (CDF) reports “children are learning there is no safe place in America.”

a picture of a sign that reads "Human rights not guns: Right to Life" — photo by Ajanet Rountree

When No Place is Safe and Those Who Can/Should Help, Don’t

The US is the ONLY member of the United Nations to not ratified the CRC.

The cliché ‘no parent should have to bury their child’ seems redundant considering needless tragedies of gun violence. Its redundancy comes from the very real reality that pictures and videos from schools, universities, and playgrounds, as well as the rhetorical thoughts and prayers of government officials has yielded minimal results. Unlike natural disasters like tornados and earthquakes, controlling the impacts of gun violence is possible as evidenced in Australia, Great Britain, and Switzerland. Therefore, it is the normalization of violence in the US which continually isolates us from the rest of the world. Data reveals the hypocrisy of the ill-spoken narrative that children are the future of this country. CDF reveals

Children are forced to witness tragic mass shootings that occur with regularity in public spaces including schools, churches, concert venues, community centers, nightclubs and movie theaters.
Since 1963, the number of children and teens killed with guns on American soil was more than three times higher than the number of U.S. soldiers killed by hostiles in wars abroad. Nearly 180,000 children and teens died from guns in the U.S. between 1963 and 2015.

With less than 5% of the global population, American civilians own 310 million guns (35-50%) of the global civilian gun-ownership, whereas the US military and law enforcement possess nearly 4 million. The US spends considerably more on defense than on early childhood and education, than every other country with smaller federal budgets.

Children are not a priority in the US.

Who’s doing the shooting?

Brown et al. analyzed two cases, identified four characteristics, and concluded “school violence is a somewhat distinct form of aggression that should not be viewed through standard lens.” The typical mass shooter is a white male who exacts revenge on those he deems dishonored him in some way. Research identifies this cultural phenomenon as “culture of honor”. In a culture of honor, people favor the death penalty, more tolerant of expressions of aggression as a response to threats/insults, and conflate a high degree of connection with status or reputation. This culture fuels the overall feeling of slight through a lack of interpersonal conflict resolution skills. The culture of honor creates a cultural standard wherein brutality becomes the recommended response to a perceived affront to one’s dignity or reputation; thus, a misguided sense of justice.

This misguided sense of justice positions whites as unapologetic for the behavior of shooters. Mingus and Zopf studied four mass shootings: two with white shooters (Columbine High School and Northern Illinois) and two with non-white shooters (VA Tech and Fort Hood). Using “Racial Formations” by Omi and Winant as a key text on racial projections, Mingus and Zopf assert, “The historical significance of race is important in understanding the way in which race affects any interpretation of shooting rampages.” They find that white privilege allows for the addition of race as a factor when identifying the “abhorrent behavior of non-whites” and the subtraction of race when redirecting “focus away from whites as a distinct population by pathologizing their aberrant behavior”. They conclude that non-whites groups often advocate for themselves as a means of not facing retaliation, even offering an apology in the VA Tech tragedy, whereas being white means never having to say you are sorry.

a picture of a boy holding a sign which reads "books not bullets" during the March for Our Lives — photo taken with permission by Ajanet Rountree

“If they’re old enough to be shot, they’re old enough to have an opinion about being shot”

Reports occur daily of the ‘perceived threat of children’ when confronted by white people who feel a threat to their power or status. These reports extend beyond the scope of school shootings, and the requests to “stop killing us” commenced long before the Parkland shooting. The #NeverAgain movement includes the voices of the seemingly voiceless by including students from Chicago, Newtown, and 11-year-old Naomi Walder of Alexandria, VA. Walder, who highlights the deaths of Black girls forgotten by the media, organized her classmates during the National Walkout Day.

Political satirist and late-show comedy host Trevor Noah challenged the notion leveled by Fox News talking head Tucker Carlson after last week’s student walkout campaign. During a segment, Carlson questioned the validity of students making demands of lawmakers regarding guns by stating, “They’re not citizens; they’re children.” What’s interesting is that children are too young to make demands for gun control but not to find themselves in adult prison or forced into child marriage. Noah responded brilliantly stating, “…if kids are old enough to be shot, they’re old enough to have an opinion about being shot.” When processing the numbers provided by the CDF, it is time someone said something.

7,768 children and teens were killed in the US to gun violence during 2013-2015
113 children under five (5) died from guns in 2016, compared to 65 law enforcement officers killed by guns in the line of duty. Guns were used in criminal acts to kill 62 law enforcement officers while three (3) were killed in gun accidents.
In 2016, 43% of gun deaths were among Black children and teens, although they made up only 14% of all children and teens.
1,335 Black children and teens were killed by guns in 2016, one every 6 hours and 34 minutes.
The gun death rate for Black children and teens was nearly 4x that of White children and teens and more than 8x that of Asian and Pacific Islander children and teens.
Most gun deaths among Black children and teens were by homicide. Most deaths by White children and teens were by suicide.
Guns are more often used to cause harm than in self-protection. A gun in the home makes the likelihood of homicide 3x higher, suicide 3-5x higher, and accidental death 4x higher. For each time a gun in the home injures or kills in self-defense, there are 11 completed and attempted gun suicides, seven criminal assaults and homicides with a gun, and four unintentional shooting deaths or injuries.
More than half of youth who committed suicide with a gun obtained the gun from their home, usually a parent’s gun.

Given the fact adults consistently prove children are not a priority in this country, children have made an opportunity to make themselves a priority.

a picture of sign with names of some of the victims of gun violence — photo by Ajanet Rountree

Today, millions of children and adults domestically and internationally, participated in the #NeverAgain movement by joining the March for Our Lives protest. The campaign is not to initiate a disarmament; however, it is to reinstate the ban on assault rifles like AR-15 used in several mass shootings, including Las Vegas and Orlando. Additional demands include an expansion of background checks and a rise of the minimum age to purchase. At the core of the demands and the purpose of the protest lies a peculiar request for the most important human right: the right to live.

A right to a life without fear and terror.

A right to a life where adults apologize for hurting, neglecting, and not prioritizing children who are reliant upon them.

A right to a life without the trauma of relieving the horrors of running to save myself.

A right to a life that does not include witnessing my friends and teachers die before my eyes.

A right to a life by enjoying the full scope of childhood and adolescence which includes mistakes that should not end life because of a perceived threat

A right to a life because adults believe that I and my future are worth fighting for… just as they do for the unborn.

March for Our Lives is a pro-life movement.

Women’s Rights are Human Rights: Ireland Continues to Criminalize Abortion

Tomorrow, May 25, Ireland will vote on a referendum of their Eighth Amendment: the abortion amendment. The referendum posits safe and regulated healthcare, as well as the removal of the stigma placed on both the women who seek abortions and the doctors who perform them. **This is a repost from the fall of 2016.

March for Choice in Dublin On Saturday 29th. September 2012. Source: William Murphy, Creative Commons.

Abortion. It is a heavily debated topic. From the beginning, its very existence is consistently brought up in philosophy papers and classes as a moral question. The negative connotation associated with abortion can make many people cringe when they simply hear the word. In the United States, it is an issue that conservatives and progressives rally around, but for different reasons. Classic conservative ideology revolves around public virtue, self-reliance, freedom, and cultural solidarity. One might argue that if classic conservatism highly values freedom, then the ideology would advocate for the freedom to choose whether to have an abortion or not. However, modern conservatism has implemented a little twist in such ideological freedom. Modern conservatism has emphasized the nuclear family model and to a degree, Christianity. Ronald Reagan once said, “We cannot diminish the value of one category of life — the unborn — without diminishing the value of all human life.” We see a shift in ideological values. The argument could be made that modern conservatives still value freedom as much as the classic conservative ideology does. The new paradigm frames the issue of abortion as not about the freedom to choose, but rather the act of having an abortion is committing the act of murder. This places a negative stigma with regards to abortion due to the fact that murder is socially condemned and lawfully illegal. Progressive ideology tends to promote social justice, egalitarianism, and inclusiveness. It tends to frame the issue of abortion as the mother’s right to choose whether to continue the pregnancy or not because a fetus is a part of her body, and not a human being considering that it has not been birthed. The belief that abortion is immoral stems from the emphasis on family values as well as religious interpretations that consider abortion an act of murder. In relation to all of these things, is it fair for a national government to ban abortion? I’m not talking about defunding Planned Parenthood or limiting the amount of abortion clinics in a country. Is it fair for a national government to blatantly make abortion illegal and a punishable crime? The United Nations Human Rights Committee doesn’t think so in relation to Ireland’s ban on abortion.

Ireland’s deep-rooted Catholic tradition appears in many of its laws, one of those being the country’s eighth constitutional amendment. The amendment of 1983 established a nationwide ban on abortion. The amendment reads: “The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.” It can be debated that this amendment implies that the unborn fetus has more rights than the person carrying the child. So, when it comes to the United Nation’s definition of Human Rights, who do those rights extend to? Can an unborn fetus have human rights? Once again, the United Nations says “no.” The broad definition of human rights given to us by the UN states “human rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity.” The word “individual” has been deemed insufficient as to identifying if that entity must have already been born in order to take ownership over human rights. Due to the need for clarification on what makes someone an “individual,” there have been a few other conventions and commissions within the UN that has attempted to resolve such confusion on this controversial issue. For example, the Convention on the Rights of the Child does not identify one’s right to life until birth. However, the CRC does say, “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.” Rhonda Copelon, Christina Zampas, Elizabeth Brusie, and Jacqueline deVore argue that “this reflects, at most, recognition of a state’s duty to promote, through nutrition, health and support directed to the pregnant woman, a child’s capacity to survive and thrive after birth…” They also argue that access to safe abortions to pregnant adolescent women is a human right given to women under the right to adequate health. That is, providing safe abortions will decrease the maternal mortality rate due to the decrease in unsafe abortions.

Ireland’s law on abortion insinuates that if the fetus has any sort of problems in the womb, that the mother will still be subject to carry it to full term. In the 2011 case of Amanda Mellet, 21 weeks into pregnancy, the fetus was diagnosed with Edwards’ Syndrome and congenital heart defects that led doctors to believe that it would either die in the womb, or perhaps only live a few hours after being born. Amanda and her husband had requested an exception to the ban on abortion because of the emotional toll that carrying the fetus to full term would bring upon the both of them, but especially for Amanda who would literally have to carry the fetus whose life was already predetermined to end in just a matter of time. The Mellet couple was denied such an exception due to the fact that the mother’s life was not at risk. However, they traveled to Liverpool where they would be provided a safe abortion by a doctor without being criminalized.

About Ten Thousand People Attended A Rally In Dublin In Memory Of Savita Halappanavar. Source: William Murphy, Creative Commons.

Ireland’s abortion ban carries a heavy weight on the issue of the mother’s health. Although Irish Law claims that the only exception for a woman to get an abortion is if her life is at risk, doctors claim that the language used for exceptions is very vague and medical professionals would rather not perform one at all rather than risk going to prison for following their own interpretation of the exception to the law. In 2012, Savita Halappanavar was in extreme physical and emotional discomfort when she knew she was miscarrying, but her request for an abortion was denied because doctors said that the fetus still had a heartbeat. She arrived at the hospital on Saturday. On Wednesday, it was discovered that the heartbeat of the fetus had stopped; Savita died due to septicemia one week after arriving at the hospital. It is believed that if the doctors would have performed an abortion, Savita would have lived.

The United Nations Human Rights Committee ruled that Ireland’s abortion ban is a violation of women’s human rights because the law “subjects a woman to cruel, inhuman, and degrading treatment.” Such a ruling should not come as a shock to the international community considering UN legislation has insisted that the rights of the unborn are non-existent. Ireland’s law arguably gives more rights to the unborn than it gives to the human. Ireland is creating a social stigma that labels women who get an abortion as murderers and criminals.

Under Irish law, women who have had an abortion within the country are subject to up to fourteen years in prison. So, what’s the solution? Ireland insists that women who want access to a safe abortion should get one out of the country. According to Amnesty UK, a minimum of ten women and girls travel out of Ireland and into England every day in order to get access to a safe and legal abortion. However, not everyone is fortunate enough to travel out of the country to acquire proper medical treatment due to the expense of making such a trip. Also, those who are refugees or asylum seekers are not legally able to leave Ireland at all. Therefore, although Ireland may think that they are being reasonable by allowing women to receive abortions elsewhere, they are still impeding on the human rights of women. Even for the ones who can afford to travel, it is still an expense and a nuisance to have to leave one’s own country for such a procedure; especially for those who are experiencing extreme pain and suffering due to a complicated pregnancy.

The United Nations Human Rights Committee looked at the case of Amanda Mellet (the Center for Reproductive Rights filed a complaint for her) and found that her human rights were being violated under articles 7, 17, and 26 of the International Covenant on Civil and Political Rights. I commend Ireland on accepting marriage equality, but it is now time to recognize the rights of women. Women have been denied certain rights for so long and although we have gained many, the good fight is not over. The same government who says that it is okay for same sex couples to marry should be the same government that allows women the right to terminate a pregnancy.

Human Rights and Guns

**Due to the continuing tragedies of gun violence, especially in schools, and stalled legislation, our series on guns and gun control (from two months ago) will repost over this week.

The gun rights vs. gun control debate is again at the forefront of our national discourse after 17 people lost their lives in a school shooting in Florida last month. School shootings hit close to home for all of us, and especially those of us engaged in education or with school-aged children. As an educator and mother, this is very personal. We need this public discussion on what our children’s lives are worth to us, on guns, and laws and policies that will help protect us in cases of gun violence.

I have noticed that both sides invoke human rights when they advocate for either gun rights or gun control. The human rights case for gun control is pretty clear and straightforward. Gun control advocates base their claims on the most fundamental human right: the right to life and security of the person (Articles 6 and 9, International Covenant on Civil and Political Rights (ICCPR) and Article 3, Universal Declaration of Human Rights). Article 6 ICCPR very clearly states that “no one shall be arbitrarily deprived of his life” and that states have an obligation to ensure the security of all persons. School shootings fall within the realm of arbitrary taking of life, and therefore need to be addressed by the government. The government has a duty to protect people from these types of events. When the government fails to do so, we speak of a human rights crisis, which is what the Amnesty International has called gun violence in the United States.

The “other side”, namely the gun lobby and gun rights advocates, has used human rights language mostly in terms of “right to own a gun”. Gun control has been said to “be the ultimate human rights violation.” However, this rhetoric is highly problematic.

Let me be very clear:

There is no human right to gun ownership.

Human rights are essentially the opposite of guns. Here is why.

According to the preamble to the International Covenant on Civil and Political Rights (ICCPR), human rights “derive from the inherent dignity of the human person’ and are aimed at achieving ‘freedom from fear and want.” Human rights are moral rights with legal implications. They are about the value of each human life, and about people’s most basic needs. Access to food, water, housing, for example, or equal treatment before and under the law and not to endure discrimination on grounds of race, religion, ethnicity, sex or gender, national or social origin, and disability status. These rights are codified in international human rights treaties or part of customary international law.

The right to own a gun is not mentioned in any human rights document.

It is not part of customary international law or a general principle of law as recognized by the international community. It is not general state practice, which is what you would think following the debates in our own country. In fact, the United States is one of three countries in the world that has included the right to bear arms to their constitution, so it is quite an outlier.Therefore, the fact that the right to own guns is a constitutional right (although there is some debate over how to interpret the Second Amendment) does not mean it is a human right.

The reason the gun lobby is proposing a human right to gun ownership is easy to see. First, human rights are “sexy”, they are “in”. Their proposition reflects an overall trend to construct more and more issues in the language of human rights. Second, calling gun ownership a human right also strengthens their argument – who would not want their position to be supported by an inalienable right? But again, this is not what human rights are. You cannot simply take any individual right and call it a human right. As discussed above, human rights carry greater moral weight than individual rights by themselves. This might be splitting hairs to some, but it is an important distinction. It makes all the difference. Third, gun rights advocates often argue that not only is gun ownership is a human right, but also that the government cannot legally limit this right. That is not how rights work, regardless of whether we are talking about a human right or any other right.

No rights are absolute – they are limited by the rights of others. Governments can certainly limit rights, for national security reasons, for example, or to uphold public order, or to confront a health threat. Take freedom of speech as an example: You cannot say anything you want. You cannot incite murder, leak government secrets, or distribute child pornography. The idea that there is a human right to own guns and that this right is unlimited is incorrect.

But what about self-defense? Isn’t there a human right to individual self-defense from which the right to own guns would follow? This is where things get a bit more complicated. The academic literature contests whether self-defense is a human right. No international human rights treaties or resolutions mention the right to individual self-defense, which leads me to conclude that individual self-defense is not recognized by international law (unlike collective self-defense, which is the right of the state under Article 51 of the UN Charter). The right to life and physical security might imply that states must recognize an individual right to self-defense since states will never be able to defend all individuals from being harmed at all times. However,

the entitlements that flow from a human right are not the same as the human right itself.

For example, the right to work does not include a specific right to conclude a contract for employment. Or the right to freedom of movement does not liberate you from rush-hour traffic.

In short, the assertion that there is a human right to individual self-defense has dubious legal and moral foundations, and scant empirical support. The conclusion that this means there is a right to gun ownership for private citizens is clearly false. A conclusion like this would imply that guns are only be used in self-defense. However, studies have shown that guns are not used in self-defense as often as people claim. A recent study by the FBI showed that in 2012, only 259 homicides were justifiable (in self-defense), but 8,342 criminal gun homicides. In other words, for every one (1) justifiable homicide in the U.S. involving a gun, 32 criminal homicides occurred. This ratio does not take into account gun-induced suicides or fatal accidents involving guns. In other words, the assessment of gun rights cannot depend solely on their positive or negative impact on the right to self-defense, since no gun is inherently limited to defensive use.

Studies have clearly demonstrated that more guns mean more homicides (see here, here, and here). Individuals who have a gun are almost 5 times as likely to be shot in assaults than those who don’t have a gun. Other studies show that living in a home with guns is less safe than living in a home without guns (see here and here). Gun proliferation has a negative impact on the right to life and physical security and can lead to human rights violations. It is, therefore, important for the government to take action and regulate and hinder the proliferation of guns as part of its obligation to protect the right to life, as I explained above.

Human rights and guns do not go together. Using human rights to justify gun rights is not only wrong but it is dangerous. Human rights are about the lives of human beings, about freedom, liberty, and the betterment of these lives. Guns or “gun rights” have no place in human rights discourse; countering gun violence, engaging in public discussion, and instituting gun control do, however.

This is the mission of the March for Our Lives, which is scheduled for this Saturday, March 24, to raise awareness of the gun violence in schools. The March’s mission statement reads: “Not one more. We cannot allow one more child to be shot at school. We cannot allow one more teacher to make a choice to jump in front of a firing assault rifle to save the lives of students. We cannot allow one more family to wait for a call or text that never comes. Our schools are unsafe. Our children and teachers are dying. We must make it our top priority to save these lives.”

Child marriage and the human rights of girls

Delaware, on May 9, 2018, became the first US state to prohibit child marriage, removing loopholes and exceptions that currently exists in marriage laws in every other state. This historic legislation–the first of its kind in the US–champions and protects the rights of children, especially girls. **This blog is a repost from 2016.

A child bride in Dhaka, Bangladesh. Source: SAM Nasim, Creative Commons

Imagine for a moment that you are a 13-year-old girl. Your parents are no longer as cool as they were when you were in elementary school but life on the whole is pretty chill. With the exception of awkward junior high encounters with people of the opposite sex, the occasional bully, unbearable PE class, and dreadful puberty, being a kid isn’t awful. Personally, you’ve graduated from earning coins for your chores to actual dollar bills and from having a pink room filled with stuffed animals to one with posters of your favorite boy band and magazine cutouts of women you want to dress like when you turn 18. At 18, real life happens. At 18, you’re an adult and the whole world knows it! Everything about your 13-year-old life is moving towards adulthood until your parents let you know that one of their friends is interested in marrying you. He is a nice man who is at least 10, 20, 30 years older than you so he will be able to take care of you, just like you were his own child. Except that you would not be his child, you’d be his wife. In all the ways a wife takes care of a husband…

Children are not small adults. They are molded by socialization as a result of the physical and cultural contexts of their lives (Boothby, 2006; Goodhart, 2013). They are vulnerably presented and completely dependent upon adults, typically parents, for the purpose of nurturing potential and protecting innocence (Garbarino, 1991). Garbarino asserts, “childhood is a special period in the life course when we shield the individual from the direct demands of the economic, sexual, and political forces of the adult world” (p. 10). Childhood is the loci for growth and development.

The United Nations International Convention on the Rights of the Child (CRC), signed in 1989, defines who qualifies as a child and outlines ideas on how to care for those most vulnerable among us. For the purpose of this blog post, I will appropriate the definition of a child as defined by the CRC:

The Convention defines a ‘child’ as a person below the age of 18, unless the laws of a particular country set the legal age for adulthood younger. The Committee on the Rights of the Child, the monitoring body for the Convention, has encouraged States to review the age of majority if it is set below 18 and to increase the level of protection for all children under 18.

The notion of childhood was recognized as law by the international community with the passage of the CRC (Garbarino, 1991; Goodhart, 2013). The childhood experiences of the female differ so dramatically from the male. In 2013, Malala Yousafzai’s speech to the UN leadership, reintroduced the female experience into the global narrative as she requested improvement for and protection of the rights of women and girls. There is a significant disparity and cultural bias when attempting to define the daily lives of children, particularly girls, living in the global South and developing nations as compared to those in the global North and developed nations (Boothby, 2006). The United States of America is the only country in the world that has not ratified the CRC.

Child marriage is legal in the United States. In Massachusetts between 2010 and 2014, 200 children were married. The state does not have a “minimum age to get married, as long as minors receive judicial approval. Minors don’t need a lawyer, and the petition is only half a page. Parental approval is required, although with several exceptions.”

There were 4,500 children married over the course of 2004-2013 in the state of Virginia, and more than 200 of them were under the age of 15. On July 1, 2016, the state of Virginia passed a law that only adults could marry in the state. This new law replaced portions of the marriage law that had allowed for girls “13 or younger to marry if she had parental consent and was pregnant.” The new law has set the minimum marriage age at 18 but it also allows for emancipated minors of 16 to enter into marriage if a judge decides to overrule the law. Judges have the power to overturn this newly implemented law on the basis of four ideas:

If the minor is not being compelled to marry
If the parties are mature enough to get married
If the marriage will not endanger the minor
If marriage is in the best interest of the minor

Child marriage is illegal in some parts of the world, although it is common. Guatemala has recently increased the age of marriage to 18, while acknowledging there will need to be a cultural paradigm as to the relevant implication of “recognizing the full potential of girls and reframing how girls should be treated in society”. In Nigeria, child marriage is illegal; however, in the Northern, predominantly Muslim region of the country, the law is implied rather than enforced. Fifteen year-old Nigerian Wasila Tasi’u is a murderer. She poisoned her 35-year-old husband and three other men. For ten months, Tasi’u awaited trial in a Nigerian jail where she faced the death penalty. She was acquitted and will live with a foster family. Maryam Uwais believes this to be “an entirely avoidable tragedy, leaving in its wake four dead men and a thoroughly traumatised little girl. Poison – the only feasible escape to freedom – devised from the wild imagination of a naive, depressed little girl caught up in a painful forced marriage to a much older man. A tough lesson for families, communities and a government that is still ambivalent about sanctioning the perpetrators of child marriage.” The social justice organization, Girls Not Brides, has ranked Nigeria 13th in countries with the highest rates of child marriage, despite a governmental declaration entitled, Child Rights Act of 2003–which was created to make every action concerning a child and his/her best interest, a paramount consideration.

Child marriage impacts the female child more than the male child. Childhood creates the revelation of identity.

Young females in the West and developing nations should capitalize on their girlhood, embracing it as a time to discover themselves—their identity, their relationships with men, what boundaries or rules they can break without consequence, and to receive an education.

For child brides, the whimsy of girlhood is non-existent because they enter womanhood before they fully grasp puberty. The US has relegated the creation and implementation of marriage laws to the state level. The age of majority is 18 in the US. Although the state law of Virginia or Alabama [AL code 30-1-4] allows for a 16-year-old to marry, majority of Americans as well as the international world, she is still a minor who cannot vote, buy alcohol, work after 8pm, and possibly carries a high school identification card. For the thousands of children—90% of whom are girls—this change comes too late.

Child marriage does not take place solely in poor communities. In Virginia, the new law arose when Sen. Jill Holtzman Vogel learned that a high school student in an affluent Northern Virginia district dropped out of school when she married a man in his fifties. The marriage, granted by the parents, halted all child-protection services. It is illegal to engage in sexual activities with a minor yet marriage laws make allowances and create caveats for offenders to marry their victims, rather than facing justice for their illegal behavior. Jeanne Smoot of Tahirih Justice Center states that the “laws can facilitate forced marriages of children.” It is to be understood that not all marriages are forced; however, who is standing up for the rights of the child to remain a child? The laws may not facilitate forced marriage of children, but they are failing to protect children from the threat of human trafficking, statutory rape, divorce, child abuse, domestic violence, poverty, mental health issues, premature death, and becoming a murderer.

Child marriage makes children targets because the authorities given agency to ensure their best interest aren’t always acting on the behalf of the child. Fraidy Reiss declares that children are not equipped to live and play in an adult world, considering the imbalance of power when married to an adult and lacking adequate resources to acquire help and freedom. Gerison Lansdown, Tony Waterson, and David Baum acknowledge that governments are failing to honor the four principles of the CRC as they relate to the world’s children, but also argue that lack of knowledge within civil society is not a valid excuse. “Ultimately the government is responsible for the full implementation of the convention” and everyone working with children need to do their part in helping to protect their rights (1565-6). Diana Francis identifies it as “people power.” People power is the decision to act at “any level…ensuring that those who have been the subjects of structures of domination discover and develop the power to participate in what affects them” (Francis, 2002). In other words, it is the voice of the collective speaking up for those who cannot speak for themselves, in order to arrive at justice and democracy for all.

UN banner promoting the Sustainable Development Goals. Source: http://www.un.org/sustainabledevelopment/gender-equality/

Ending child marriage around the world is an essential target in achieving gender equality and the empowerment of women and girls as a Sustainable Development Goal of the UN. The UN is responsible for global governance. It offers suggestions that may be refused if the country deems it is not in their best interest. Joel Oestreich says that despite being considered a Western ideal, countries have signed the CRC, recognizing it as a model of international consensus building and allowing UNICEF to work intra-nationally as well as internationally in order to provide the implantation of CRC standards as a way of life for the children (184). African nations have identified the necessity of bringing an end to child marriage; there needs to be long-term strategies, governmental infrastructure, and a responsible civil society working together to see an advancement. The same can be said of the United States. As a result of the Virginia legislation, bills are set to pass in California, New York, Maryland, and New Jersey. Nelson Mandela concluded that each of us as citizens, has a role to play in creating a better world for our children.

Works Cited:

Boothby, Neil, Alison Strang and Michael Wessells. A world turned upside down: Social Ecological Approaches to Children in War Zones. Connecticut: Kumarian Press, 2006. Print.

Francis, Diana. People, Peace and Power: Conflict Transformation Across Cultures. London: Pluto, 2002. Print.

Garbarino, James, Kathleen Kostelny and Nancy Dubrow. No place to be a Child: Growing Up in a War Zone. Massachusetts: Lexington, 1991. Print.

Goodhart, Michael. Human Rights: Politics and Practice. United Kingdom: Oxford University Press, 2013. Print.

Additional Resources:

Callaway, Rhonda L. and Julie Harrelson-Stephens. Exploring International Human Rights: Critical Connection – Studies in Peace, Democracy, and Human Rights. Colorado: Lynne Rienner Publishers, Inc., 2007. Print.

World Policy Forum

UNICEF Child Marriage

America’s Child Marriage Problem by NY Times

Child Marriage is an unseen problem in US by Boston Globe

Child Marriage Video

UNICEF Video

Disarmament: Redefining the Power Perspective

**In light of yesterday’s announcement to withdraw from another international accord, the US, once again, positions itself as unwilling to cooperate with and participate in the international community. This blog is a repost from the fall.

a picture of an abandoned nuclear bombs storage in Germany — Nuclear Weapons Depot S (1). Source: Jan Bommes, Creative Commons

Talks surrounding disarmament and nuclear weapons, including threats by North Korea against Japan, South Korea, Guam, and the US, are in abundance of late. However, the decision of the Nobel Peace Prize community to award this year’s prize to the International Campaign to Abolish Nuclear Weapons (ICAN), a key development in the disarmament conversation, seems to have fallen by the wayside. Gene Sharp, a nonviolence theorist, demands, “A reexamination of the problem of war and the possible means for its solution must begin with a recognition of the failure of past movements and the proposals for the abolition of war.” In laymen’s term: the repetition inherent in the conversations of the status quo surrounding war, defense, and the military prove little in their manifestation of peace and its maintenance on a national and global level. To this end, he argues for a redefinition and reconceptualization of the true nature of war as it relates defense, deterrence, and peace. This blog briefly explains disarmament while celebrating the achievement of the organization and the treaty.

Disarmament consists of the reduction of and/or total elimination of military force and weapons of mass destruction, including nuclear weapons. International disarmament is an essential component in the creation of “global norms…vital to the sustainable development, quality of life, and ultimately the survival of the planet.” ICAN is a grassroots, cross-cultural, and international NGO movement taking the lead in “reshap(ing) the debate on nuclear weapons” by working with survivors of US atomic bombs in Hiroshima and Nagasaki, dignitaries and actors, and the United Nations. On July 7, 2017, the UN General Assembly convened and negotiated a legally binding treaty calling for “multilateral disarmament negotiations… and establish general prohibitions and obligations as well as a political commitment to achieve and maintain a nuclear-weapon-free world.” Ambassadors from at least eight of the nuclear powerhouse countries were not in attendance.

The Global Peace Index (GPI) identifies China, France, India, Israel, North Korea, Pakistan, Russia, the UK, and the US as the least peaceful when accounting for the combined nuclear threat to international peace and security over the last seven years. “There has been a decline in militarization over the past three decades. Globally, the economic impact of violence…is enormous. Current peacebuilding spending on building peace is well below the optimal level”. GPI reveals an increase of resources utilized for the creation and containment of violence but few on the cultivation and maintenance of peace. Peacebuilding, whether domestically or internationally, does not appear as a priority of the current administration.

The majority of humanity understands the power of words; there are studies and reports confirming the power of positive confession and the purposeful use of written and spoken words. The word ‘peace’ appears in the US Government budget three times, whereas ‘defense’ appears 70. According to A New Foundation for American Greatness: Fiscal Year 2018 Budget for the US Government, the administration lays out the eight pillars of American reform and outlines a reprioritization of federal spending “to unleash the power of American work and creativity—and drive opportunity and faster economic growth… so that it advances the safety and security of the American people.” In other words, American creativity, work, opportunity, and growth is tied to the $639 billion US Defense budget with discretionary overview of $574.5 billion dollars–more than the combined proposed discretionary overview for the remaining cabinet departments, including education and labor. It is important to remember: discretionary allows a consumer to spend money on wants rather than on needs. The Defense budget sends a message to the world about the resolve and strength of America as a fulfillment of a Trump promise to focus on the safety of Americans from terrorists and other violent offenders.

America, in the past as an international leader, bore much of the financial responsibility for multilateral cooperation. However, with the steady withdraw of financial support and non-appearances at UN agency meetings, the US government reaffirms its value for national defense over participating in creation of international peace and security for all. In their article, “A World Free of Nuclear Weapons”, Schultz, Perry, Kissinger, and Nunn argue the US has a unique opportunity to lead the way in reversing the global reliance on nuclear weapons. Written in 2007, they suggests nuclear weapons “were essential to maintaining national security during the Cold War…but reliance on for this purpose is becoming increasingly hazardous and decreasingly ineffective.” Highlighting the words of former US Presidents Eisenhower and Kennedy, they posit a bipartisan presidential agreement since Nixon regarding the Non-Proliferation Treaty, and remind how the Reagan-Gobachev agreement turned the conversation of arms race on its head. They conclude that a world without nuclear weapons because of multilateral cooperation aligns with the moral heritage of America.

Societies often equate defense with military; however, Sharp questions whether a redefinition of the function of the military in terms of deterrence or defense, can assist in the creation and acceptance of nonviolent solutions. Defense is employed as a function of “internal domination or is used to disguise for the home population what is in fact an attack on another country.” He establishes a need for the military while suggesting reliance on the military is the international symbol of an independent state unable to recognize: the provision of massive death and destruction, the inability of others to defend themselves against the impending destruction and death, and nonmilitary forms of resistance are possible as national defense. Unfortunately, the application of negative descriptions for alternatives to war render them passive, soft, submissive, and interdependent. In other words, the characterization of war and military power is masculine, and nonviolence and cooperation is feminine.

The unintended consequences of war heavily burden women and girls who “have responsibility and no power” due of the gendered division of labor, placing men in the public sphere and women in the private sphere. Antrobus postulates the intersectionality of the female life offers a unique perspective on the interplay of war and gender; the UN agrees. The Treaty on the Prohibition of Nuclear Weapons notes the disproportionate impact on women and girls, and indigenous people when considering the “catastrophic humanitarian consequences” of using nuclear weapons. Additionally, it reaffirms the principles of humanity as a public conscience, and recognizes the need for female participation in the peace process by supporting and strengthening the input of women as equal to men.

“Recognizing that the equal, full and effective participation of both women and men is an essential factor for the promotion and attainment of sustainable peace and security, and committed to supporting and strengthening the effective participation of women in nuclear disarmament.”

Boulding points out understanding and valuing the feminine perspective in a ‘male-dominated’ area requires men “in tune with the feminist redefinition of political goals and processes.” Collaboration can yield results, which extend beyond the short term through the identification of alternatives while working within the standardized international relations model. In short, the nature of peacemaking, peacebuilding, and peacekeeping requires an egalitarian and gender equal value based partnership stance, capable of visualizing and verbalizing the long-term ramifications of short-term solutions on global humanity, rather than one nation and her citizens.