North America – Page 10 – UAB Institute for Human Rights Blog

Oil: The World’s Black Gold?

Known as black gold, petroleum has long been, a valuable resource that many of us benefit from during our daily lives. The petroleum industry’s products range from transportation to even the feedstocks that make the “plastics and synthetic materials that are in nearly everything we use.” Shockingly, the United States has consumed almost 7.5 billion barrels of oil per year, with about 46% of it used as motor gasoline. However, “there is an alarming record of human rights abuses by governments and corporations associated with fossil fuel operations,” ranging from relocation to even suppression of critics.

What is Petroleum?

An image of a pipe pouring some type of green substance, oil in particular, into a barrel. — Recirculated petroleum is pumped from the well by a replica steam engine. Source: Wikipedia, Creative Commons.

Known officially as crude oil, petroleum is a fossil fuel that can be found underneath the Earth’s surface in areas known as reservoirs. Petroleum is mainly used for gasoline that fuels most cars in the world. Petroleum is also used as diesel, jet fuel, heating oil, propane, and others.

However, petroleum is not just a fuel source. Many factories and production sites use petroleum in order to make “crayons, dishwashing liquids, deodorant, eyeglasses, tires, and ammonia.”

Beginnings of the Petroleum Industry

An image of an oil well, colored black, in the process of digging for oil. Located in Lufkin, Texas. — Pumpjack, Spindletop oil field. Source: Flickr, Creative Commons

Through the growing and prosperous iron and steel industry, the 20^th century became a period of “great change and rapid industrialization.” However, the birth of the railroad and new construction materials gave way to the petroleum industry offering an alternative source of fuel needed in everyday life.

In Texas, the discovery of the Spindletop oil reserve allowed for the creation of hundreds of oil companies, especially Texaco and Golf, and for the massive decrease in oil prices, from “$2 a barrel to 3 cents.” In 1901, the Hamill brothers, contracted to drill into the ground using a steam engine, came into contact with 160-million-year-old crude oil, shooting up in a geyser meters high. They had anticipated 50 barrels of oil being produced in a day, but more than 80,000 barrels were being produced each day, enriching the backers of the oil rig exponentially.

When talking about the history of oil, one must never forget one of the key figures in the industry, John D. Rockefeller. Through his experience in entrepreneurship and organization, he became a leading figure in the oil industry by creating the Standard Oil company, one of the “world’s greatest corporations.” Through a monopoly, his company integrated itself both horizontally and vertically by eliminating competition and making products cheaper and production more efficient.

The discovery of the Spindletop oil reserve allowed for competition against Standard Oil, through the rise of the Texas Company and the American Gasoline Company (Shell Company of California during the mid-1910s). However, because of Standard Oil’s attempts to “monopolize and restrain trade,” the Supreme Court decided to split up the company into 34 smaller companies.

Oil in the World

Reserves can be found all over the world, but there are countries that produce more oil simply due to the vast reserves found underneath the Earth’s surface. In the United States, the five largest oil producing states are Texas, Alaska, California, Louisiana, and Oklahoma. In the world, the top oil producing countries are Saudi Arabia, Russia, the United States, Iran, and China. The need for oil in the United States surpasses the amount it can produce, generating the need to import oil from Canada, Saudi Arabia, Mexico, Venezuela, and Nigeria.

Looking closely at the top producers of oil in the world, you may notice that two countries in the top five are countries in the Middle East, each with their own host of problems regarding human rights. They range from Saudi Arabia’s supposed killing of journalist Jamal Khashoggi in 2018 and the killing of more than 6,500 Yemeni civilians as a result of numerous airstrikes against the Houthi rebels to Iran’s crackdown on peaceful protestors and the presence of Iran’s death penalty for most extreme offenses. Allegations of human rights abuses also extend to China as well, where Xi Jingping has removed term limits for the president and enabled the mistreatment of Muslims living in northwestern China. Many consider these human rights issues are due to something called the “Resource Curse,” where the abundance of natural resources in developing countries, like oil, usually lead to “economic instability, social conflict, and lasting environmental damage.”

Oil and Human Rights in the United States

If you read the news as much as I had a couple of years back, then you might recall a certain conflict occurring in North Dakota regarding the Dakota Access Pipeline. The Dakota Access Pipeline, built by Texas-based Energy Transfer Partners, is designed to transport more than 500,000 barrels of crude oil everyday from North Dakota to Illinois. Proposed by Energy Transfer Partners in 2014 and completed in 2017, many interest groups protested the pipeline, ranging from environmental activists to the Standing Rock Sioux tribe.

An image of protesters holding up a banner with the words "STOP DAKOTA ACCESS PIPELINE" across it. — Dakota Access Pipeline protesters against Donald Trump

The pipeline currently travels under the Missouri River, a source of drinking water for the Standing Rock Sioux tribe as well as a source of biodiversity in the environment. Part of the reason for the protests include the damage to the water supply that said pipeline could inflict if leaking occurs which is justifiable due to the more than 3,300 occurrences of leaks since 2010 at many pipelines in the United States.

An image of the route of the Dakota Access Pipeline, with the Standing Rock Sioux tribe tribal location highlighted as well, showing where the pipeline would threaten those tribal areas. — Le Dakota Access Pipeline avec la réserve indienne de Standing Rock en orange. Source: Wikipedia, Creative Commons.

Reactions towards the protestors have also been extreme, as Maina Kiai, UN Special Rapporteur, has reported. The North Dakota National Guard, law enforcement officials, and private security organizations have used extreme force, shown through the use of “rubber bullets, tear gas, mace, compression grenades, and bean-bag rounds.” These reactions have been in violation of the U.S. Constitution, specifically the First Amendment. Although some protests have become violent, Kiai suggests that “the response should remain strictly proportionate and should not impact those who protest peacefully.”

“The right to freedom of peaceful assembly is an individual right and it cannot be taken away indiscriminately or en masse due to the violent actions of a few.” — Maina Kiai

By also having part of their cultural homeland destroyed during the construction process, the company contracted for this project is violating the United Nations Declaration on the Rights of Indigenous Peoples, where Article 8 of the Declaration clearly states that “Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.” However, it is clear to note that U.S. support does not consider the Declaration as a “legally binding or a statement of current international law,” but instead a political or moral force.

Economic trends and forces have commanded the way in which our country has treated those who have been disenfranchised and harmed culturally. The creation of the Dakota Access Pipeline is merely an example of the effect that these economic interests can have on native populations, the environment, and the treatment of those peacefully protesting. Although the pipeline’s main intent is to provide a source of energy for the United States, the threat to harm a cultural tribal site can lead to the destruction of homes for many residents.

Juneteenth: Celebrating the Past, Fighting for a Better Future

Juneteenth in yellow, black, red and green with black power fist — Source: Yahoo Images

“The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired laborer.”

What is Juneteenth?

Celebrated on June 19th, Juneteenth commemorates the official end of slavery. Although President Lincoln signed the Emancipation Proclamation on January 1, 1863, the U.S. government made little effort to enforce the executive order, allowing Texas and other Southern states to uphold the institution of slavery for two and a half years after it was declared illegal. It was not until Union Major General Gordon Granger arrived in Galveston, Texas, on June 19, 1865, that the news of freedom and the end of the Civil War reached the enslaved people there. Alternatively called “Freedom Day,” “Emancipation Day,” and “Cel-Liberation Day,” African Americans have celebrated Juneteenth since the late 1800s.

History

In the decades following the ratification of the 13th Amendment, Juneteenth celebrations grew in size and popularity. Some formerly enslaved men and women and their descendants made pilgrimages back to Galveston to celebrate the holiday. Early celebrations often included a ritual in which revelers tossed ragged garments that enslaved people would have been forced to wear into the river and adorned themselves in fancy clothes taken from their former plantations. In 1872, a group of African-Americans ministers and businessmen purchased 10 acres of land in Houston and created Emancipation Park as a place to hold the city’s annual Juneteenth celebration. The festivities typically involved fishing, barbecue, rodeos, baseball, and prayer services.

In the early 1900s, Juneteenth celebrations declined, as White employers did not recognize the holiday and would not let Black people off work if the holiday fell during the work week. Educational text books for students marked the official end of slavery as January 1, 1863, without mentioning its continuance through the end of the war. American Independence Day was celebrated on July 4, and Juneteenth went largely under the radar. Celebrations were revived in the 1960s at the height of the Civil Rights Movement, and cities across the country reinstated the festivities. Through the tireless efforts of Al Edwards, an African-American state legislator, Texas declared Juneteenth a state holiday in 1980. Other states are following his lead. In fact, 45 states and the District of Columbia have either made Juneteenth a state holiday or an official day of observance; however, it is not yet a national holiday. This year, several corporations, including Target, Twitter, Nike, and the NFL have announced that June 19 will be a paid holiday for their employees.

Protest sign reads "End White Silence. Black Lives Matter" — Source: Creative Commons

The Struggle Continues

As we celebrate the official end of institutionalized slavery, it is important to remember that the struggle for true freedom and equality for African-Americans is far from over. As the country is waking up to the duel pandemics of COVID-19 and systemic racism, Juneteenth celebrations are expected to be particularly festive and well-attended this year. Following the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, Rayshard Brooks and countless other victims of anti-Black violence, there is a renewed sense of urgency and activism around the Black Lives Matter movement. Massive protests are happening all over the country with hundreds of thousands of Americans demanding an end to systemic racism and police brutality. In order to truly understand and participate in Juneteenth celebrations, it is important to remember the horrors of slavery, the extreme violence inflicted on Black people in the years following liberation, and how these legacies continue to plague our society. In anticipation of Juneteenth, the Equal Justice Initiative has released a new report – Reconstruction in America – describing the various ways in which White people and the State invented new forms of slavery, perpetuated anti-Black sentiment and justified violence and oppression. As Bryan Stevenson aptly reminds us, “Slavery did not end in 1865, it just evolved.” Today, Black Americans still do not enjoy the same freedoms and rights as White people, as they continue to experience lynching, police brutality, mass incarceration, and unequal justice disproportionately to their White counterparts.

While Juneteenth in years past has focused on celebrating the advances that Black people have made in the United States, this year is expected to center around a call to action. For White people who want to show their support, this includes showing up for the causes of anti-racism and equal justice, understanding the structural and institutional underpinnings of white supremacy and white superiority, exploring their own complicity in upholding a racist social order, and using their privilege and agency to take actionable steps to dismantle racism, both in their personal lives and on an policy level.

History is calling the future from the streets of protest.

What choice will we make?

What world will we create?

What will we be?

There are only two choices: racist or anti-racist”

– Ibram X. Kendi

To learn how to build an anti-racist world, watch Ibram X. Kendi’s inspiring TED talk.

The Fiasco between Africans and African-Americans

A multi-cultural Image — In unity lies our strength. Source: Yahoo Image

For a long period of time, there has been a long-existing history of an unfathomable and a silently raging rift between Africans and African-Americans or “Afro-Americans,” as some now refer. It should be noted that the relationship between these two races can never be erased or forgotten even though there seems to be a discouraging high-level of historical ignorance or lack of in-depth understanding, especially amongst the newer generations of both races. The connection between Africans and African-Americans goes quite a long way prior to the era of slavery, which I believe warrants a brief trip down memory lane to refresh some existing knowledge on this subject.

We begin by looking at the words of Audrey Smedley, who believes race or ideas about the difference in human color was developed during the era of African slavery. He believed up until the 18^th century, Africans were generally positive people who engaged mostly in farming and cattle breeding. They had industries, arts and crafts, commerce and an existing form of government. After invading Africa, the Europeans realized Africans were better farmers and laborers, and immune to several diseases, which were perfect attributes in high demand within the colonialist world at the time. The colonists understood they needed the prowess and strength of Africans to meet their demands and as such, they developed the idea of transporting them across Europe and America, which was then referred to as the ‘New-World’, knowing they would have no means of escape or return.

According to the UShistory website, the Portuguese began the first slave trade agreement in 1472, which saw an influx of over 11 million Africans into America and across a few European nations as slaves. African slave trading became a lucrative business avenue amongst the Portuguese, Spanish and Dutch, and after North America was colonized by Europeans, there were vast lands in dire need of labor which led to the purchase of the first permanent African slaves from Dutch in 1619. Due to their physicality and agricultural abilities, the slaves proved to be highly productive on the farms where they mostly cultivated cash crops ranging from sugar, rice and tobacco. This went on for decades until the anti-slavery movement began which subsequently led to the Civil War in 1861, the Preliminary Emancipation Proclamation by President Abraham Lincoln on September 22, 1862, and an adoption of the 13^th Amendment of the constitution in 1865 which outlawed all slave trade practices.

After the abolition of slave trade, issues of race got more intensified due to the non-acceptance of black people and has since become the central point of human attention, interaction and relationship. It constituted the major form of human identity, a discouraging phenomenon that still gallantly exist in our world today. The creation and addition of a new race in form of Africa-America started a new chapter in human existence and history, which has led to a whole new level of feisty societal restructuring, rebalancing and rearrangements till date. Although whenever issues relating to racial differences arise, most people would most likely always refer to the forever existing tensed-filled relationship between African-Americans and the White race, but not so many would consider the possibility of any discord between other races, most especially Africans and African-Americans. To this end, I will be explaining a few reasons for the existing rift between Africans and African-Americans.

An image distinguishing between an African look from an african-american — Two continents fussed in one face Source: Yahoo Image

The first reason to consider is the comparison debate between Africans and African-Americans, about who have suffered or continuously suffers the most. We begin by considering the latter’s historical slavery struggles which has obviously spilled over and transformed into the present-day inequality and inequity they are continuously forced to endure. History clearly made us realize the dehumanizing and disheartening low-level of inhumane treatments and conditions they had to go through before the abolition of slavery, and it is no longer news that the present American structure and system is continuously finessed to favor Caucasians who are majority over the minority blacks. With this understanding, some African-Americans always see African immigrants as opportunist who are profiting from their struggles despite not having shared in their pains or experienced the horrible and derogatory racial discriminations like they did, which is a reason for their mutual relationship with White Americans. They believe Africans do not share in their ideology and are unwilling to participate in their political and civil rights movements.

On the other hand, Africans continuously grieve their pathetic level of underdevelopment which evidence suggest came as a result of the European invasion. As earlier stated, the entire African continent was developing at a steady pace but lost the plot when valuable human and material resources were taken by the colonialists. According to Nathan Nunn, slavery is the major factor for Africa’s underdevelopment till date; a phenomenon which has created ethnic fractionalization and undermined the effectiveness of several African nations. Recent studies suggest Africa’s 72% average income gap with the rest of the world would not have existed if not for slave trade. He believes the reason for the continent’s poor economic performance is due to the effect of slave trade and colonialism which has led to the endless poverty and incessant conflict, poor leadership, lack of basic social amenities and infrastructure, over dependency on foreign aid, poor health and educational facilities, amongst other challenges. It also affects the present cultural and social outcomes of the continent responsible for the present ethnic division, trust concerns, HIV prevalence, ethno-religious differences, and the high rate of polygyny (i.e. a practice of men having multiple wives) amongst other factors that continuously push the continent aback.

Another reason to consider is the trust issues that exits between the two races. So many African-Americans have some misconceptions that Africans cannot be trusted due to their willingness in allowing their fellow brothers and sisters be taken or sold into slavery, while some perceive them to be highly promiscuous due to the high rate of polygyny in the region. To point out the fallacy with the former, studies have revealed that majority of African slaves were captured through acts of kidnappings, raids and warfare, and through judicial processes, while only a few were literally sold by their relatives or friends as slaves. To address the latter, several studies have identified the trans-Atlantic slave trade as the major factor for the high prevalence of polygyny because only men were initially captured and sold as slaves across America which consequently resulted in the decrease amongst the male population and further tilted the sex ratio in many African nations most especially within West and East Africa.

Furthermore on the factors to consider, there is a wide belief or notion amongst Africans about African-Americans misusing their available opportunities despite enduring numerous challenges and difficulties. It is important to note that Africans alongside other races also, share in the belief that America is a land of dreams and opportunities and will always be a dream destination for many. For Africans, one major reason why they migrate to the U.S. is centered around education due to the outstanding level of human and material resources invested in this sector. As widely known, education remains one of the best and golden ticket to living a better life as individuals, which also helps improve the socio-economic growth and development of the community. Another reason why Africans migrate to the U.S. is because of the availability of several decent job opportunities for both legal and undocumented immigrants. By either migrating for job purposes or education, they remain great opportunities that most likely guarantees any individual to live a long, healthy and happy life.

Image of Women dressed in African Attires during an event — Diversity should be celebrated not discriminated Source: Yahoo Image

On the other hand, some African-Americans blame the continuous influx of African immigrants into the U.S. to have negatively impacted the number of jobs that is available to them. According to the National Bureau of Economic Research (NBER), the early immigrant influx into the U.S. between 1980-2000 resulted in 20% to 60% wages decline, 25% employment decline, and 10% rise in incarceration rates among blacks with high school education or less. Based on these statistics, it is understandable to see the plights and frustrations amongst African-American populations, but the increase in the incarceration rates could also be attributed to the heavy trafficking of crack cocaine within black communities which caused the police to enact and enforce tougher sentencing laws and subsequently resulting in the incarceration of one-quarter of low-skilled black men.

On a light note, the United States Census Bureau in June 2019, confirmed that about 13 million workers have more than one job, while a report by CNBC on February 2019, shows U.S. employers posted the most open jobs of about 7.3 million which was a valid evidence that the U.S. job market is actually strong. Also, according to the political typology survey 2020, 61% supports the notion for the country to continue making changes to give blacks equal rights with Whites, 65% believe immigrants hard work and talents have strengthened the country tremendously, 61% believe most people who want to get ahead can make it if they are willing to work hard, while over 55% believe blacks who can’t get ahead are mostly responsible for their own condition.

NFL Star dressed in an African attire — Let’s Save our Future Source: Yahoo Image

Based on this knowledge, it aches the heart to see Africans and African-Americans alongside other races have such a resentful, unfriendly and defensive relationship against one another till date. It is true we have all gone through various levels of hardship, turmoil, and suffering which serves as reasons we continuously hold deep grudges against others, but its high time we looked beyond and move on. In as much as we feel justified about our present bitterness or anger towards certain people or races due to our past experiences, we should remember the adage which says, “Two wrongs can never make a right”. It is almost certain that whenever we cloud our minds with negative judgements before relating with others, we would most likely find a way to justify our negative thoughts about them irrespective of the outcome, as such, we all should always set aside our presumptions, perceptions and judgements when relating with others and it is only through this means, can we look beyond our racial differences and respect each other as humans. It is a shame we are still regressing in this 21^st century but we can begin by remembering our past, but not dwell on them because when we do, we are prone to live our everyday lives on them, and history has made us to understand that decisions we make in anger or frustration are those that will take us aback or hurt us for a long time.

STD Rates Among the Poor and Homeless in Alabama

by Kelsey Johnson (guest blogger)

As of 2018, approximately 38.1 million people in the U.S. live below the poverty line. Furthermore, on a given night, over 550,000 people experienced homelessness.

Of those numbers, more than 800,000 Alabama residents live in poverty, making it the sixth poorest state in the U.S. Approximately 3,434 people experience homelessness in Alabama on a given night.

Poverty and a lack of adequate housing are considered human rights violations, as they interfere significantly with an individual’s ability to live safely and with dignity. For people experiencing poverty and/or homelessness, these situations impact all aspects of their lives, especially their physical health.

One way that these health issues manifest is in the prevalence of sexually transmitted diseases (STDs) and HIV/AIDS among these populations. Overall, rates of STDs, particularly chlamydia, gonorrhea, and syphilis, are at an all-time high in the U.S., according to a 2019 report from the Center for Disease Control and Prevention (CDC). In 2017-18, there were nearly 2.5 million total reported cases of the three STDs, including over 1.7 million cases of chlamydia, 583,405 cases of gonorrhea, and 115,045 cases of syphilis.

Two urban areas in Alabama, Montgomery and Birmingham, are among the top 20 U.S. cities reporting the highest rates of STDs, including HIV, syphilis, gonorrhea, and chlamydia. Mobile and Huntsville also ranked in the top 100. Alabama has the fourth highest rate of gonorrhea infections in the country. Additionally, as of 2016, there were 12,643 people in Alabama living with HIV.

While the CDC report examined STD prevalence among various demographics, it did not focus on STD rates among low-income or homeless populations. However, a literature review published in 2018 in the journal Sexually Transmitted Diseases found that STD prevalence ranged from 2.1% to 52.5% among the homeless adult population.

This study also identified many of the factors that increase the risks of contracting an STD among homeless individuals. A number of these risk factors also apply to individuals living in poverty, even if they have stable housing. Additional studies offer more insight into the recent rise in STD cases, as well as recommendations for how to decrease their spread among all populations.

Factors contributing to STD prevalence among low-income and homeless populations

There are several factors that contribute to the prevalence of STDs in low-incomes and homeless communities, including lack of access to affordable prevention and treatment options; lack of comprehensive sex education; the comorbidity of issues like mental illness or substance abuse, and the stigma surrounding STDs.

According to a 2019 report by the National Coalition of STD Directors, “…poverty is both a cause of infection, and a barrier to the ability to seek care. Poorer populations are less likely to receive appropriate sexual health education, suffer higher rates of substance abuse, and may have more trouble accessing sexual health services.”

Poor or homeless individuals are less likely to have health insurance, or resources to pay for out-of-pocket healthcare costs. Many individuals living in southern states, including Alabama, fall into what is known as the coverage gap, meaning they make too much money to qualify for Medicaid, but not enough to pay for health insurance.

Even if individuals have health insurance, their coverage may be limited to certain providers or services, and may exclude STD testing or treatment. The time and money it takes to travel to healthcare facilities, especially in predominantly rural states like Alabama, also present a barrier to care, even for insured individuals.

Additionally, budget cuts have forced many STD clinics to close or reduce their services. The loss of these clinics is harmful because not only do they often provide STD testing and treatment on a sliding fee scale, they are staffed by individuals with specialized knowledge in diagnosing and treating STDs.

The other primary factor in higher STD rates is a lack of comprehensive sex education. As the NCSD report states, “States typically define the broad parameters of sexual health education in public schools. Not surprisingly, these parameters vary widely among states.” Studies show a correalation between insufficient sex education and higher STD rates. Kathie Hiers, the CEO of AIDS Alabama, says the state represents a “perfect storm” for the spread of AIDS and other STDs, in part because of its “poor educational systems that often ignore sexual health.”

This lack of education about STDs also perpetuates the stigma surrounding them, which prevents people from seeking treatment, according to Hiers. Other conditions that are prevalent among poor and homeless populations, including mental illness, incarceration history, and intravenous drug use, also make individuals more susceptible to STDs, and present barriers to seeking treatment.

How to prevent the spread of STDs among low-income and homeless populations

The studies and experts cited in this post offer several recommendations for steps that can be taken, nationwide and in individual states, to decrease the spread of STDs among low-income and homeless populations, including:

Removing financial barriers to healthcare, including adopting Medicaid expansion. The Alabama Hospital Association estimates that by adopting Medicaid expansion, an additional 300,000 residents would be eligible for health insurance.
Increasing or restoring funding to public health agencies and STD clinics that provide free or low-cost testing and treatment.
Improving access to healthcare facilities through transportation and operating on evenings and weekends.
Providing comprehensive sex education in schools. In 2019, the Alabama House of Representatives failed to address a bill that would have made the state’s sex education curriculum more scientifically and medically accurate. The bill would have updated the curriculum’s language to address “sexually transmitted diseases” as “sexually transmitted infections,” which is considered less stigmatizing.
Expanding resources to support homeless individuals, and increasing their access to stable housing. A 2016 report by the Homelessness in Alabama Project offered several specific recommendations for addressing homelessness in Alabama.

Additional Resources

Pigmented Pandemic: Racial and Ethnic Disparities in COVID-19

Ubiquity of the novel coronavirus (COVID-19) has drastically changed the way we behave in almost every corner of life. One silver lining drawn into these unprecedented times is that many people are more appreciative of their families, friends, and communities. However, the odds of being in a social network that knows someone who has been diagnosed or died from COVID-19 are greater if you are a racial/ethnic minority living in the U.S. As such, this blog focuses on COVID-19’s disproportionate effect on communities of color and how a human rights approach can help address racial/ethnic health disparities.

Racial/ethnic minorities are particularly vulnerable to reduced access of health services and the psychosocial stressors of discrimination which is why some argue that racism is a fundamental cause of health inequalities. These disparities are largely due to the disadvantaged economic and social conditions commonly experienced by many racial/ethnic minorities. Compared to Whites, racial/ethnic minorities are more likely reside in densely populated areas, live further from grocery stores and medical facilities, represent multi-generational homes, and be incarcerated. Additionally, racial/ethnic minorities disproportionately represent essential worker industries and have limited paid sick live. As a result, the living and working conditions for many racial/ethnic minorities put them at odds with threat of COVID-19.

Vestiges: Black American Health Disparities

Black Americans have disproportionate rates of COVID-19-related risk factors such as diabetes, hypertension, and obesity. As such, they are disproportionately dying of COVID-19 in many counties across the U.S. These disparities are even more alarming at the state-level. For example, in Georgia, 83% of all COVID-19 cases linked to a hospitalization were Black patients despite the community only representing a third of the state’s population. Also, in Michigan, Blacks represent 14% of the state’s population but 41% of the COVID-19 deaths. On a national level, Blacks (13% of the total population) represent 33% of all COVID-19 hospitalizations, while Whites (60% of the total population) represent 45% of all COVID-19 hospitalizations.

Not only do Black Americans disproportionately live in many of the U.S.’s early COVID-19 hotspots (e.g., Detroit, New Orleans, and New York), they are also more likely than their White counterparts to experience poverty and have no health insurance. For centuries, the labor of Black Americans has been deemed “essential”, while the COVID-19 pandemic adds insult to injury. In the medical field, Blacks are less likely to be health professionals and more likely to represent personnel that cleans, provides food, or work in inventory. As such, Black essential workers who are not on the frontlines are more likely to acquire COVID-19 in the pernicious form of regularly contacting cardboard, clothing, or stainless steel. Thus, health disparities in the Black community demonstrate how the legacy of slavery and segregation thrive in the social and economic conditions of COVID-19.

Segmented: Latino American Health Disparities

Many Latinos in the U.S. have immigrant status and work in high-risk essential industries such as agriculture, food service, and health care. This largely explains why Latinos are up to three times more likely than Whites to be infected and hospitalized by COVID-19. These striking outcomes are compounded when considering that Latinos face other disproportionate hurdles such as inadequate communication resources and language barriers. Also, Latinos often socialize in “mixed status” immigrant networks which means those who are undocumented are not eligible for COVID-19 stimulus funding.

A recent Pew poll found that Latinos are almost 50% more likely than the average American to have been laid off or lost a job due to the pandemic. This is particularly salient to Latinos with a high school education or less and those ages 18-29. However, immigrant Latinos were less likely to lose their jobs but more likely to take a pay cut. As a result, the Latino experience during the COVID-19 pandemic is not only fraught with social and economic drawbacks, much like other communities of color, but complicated by the fact that their large immigrant population is ineligible for needed resources and often relied on in the essential workforce. These outcomes suggest the social and economic consequences of COVID-19 are uniquely challenging to Latinos, namely immigrants with limited access to resources that are often afforded to citizens.

Overlooked: Native American, Native Hawaiian, and Pacific Islander Health Disparities

Often overlooked in the racial health disparities conversation are outcomes for Native Americans. Some state health departments (e.g., Texas) classify Native American COVID-19 statistics as “other” which ultimately dismisses the unique health profile of this underserved population. However, early statistics from Arizona and New Mexico suggest Native Americans represent a disproportionate number of COVID-19-related deaths and cases, respectively. Reports from health authorities in Navajo Nation, which is comprised of areas in Arizona, Utah, and New Mexico, indicate this community’s confirmed COVID-19 prevalence rate is the highest in the country, although they have a test rate higher than most U.S. states.

In March, the Seattle Indian Health Board requested medical supplies from local health authorities but instead received body bags and toe tags. This callous response demonstrates that local authorities in Washington state have actively devalued the lives of Native Americans during these trying times. The Cheyenne River Sioux Tribe in South Dakota have responded to their state’s negligence by refusing to end COVID-19 highways checkpoints across tribal land. Cheyenne River Sioux Tribe Chairman Harold Frazier argues that the checkpoints are the best thing the tribe has to prevent the spread of COVID-19 because they are only equipped with an eight-bed facility for its 12,000 inhabitants. The nearest critical care facility is three hours away.

Also overlooked are COVID-19 outcomes among Native Hawaiians and Pacific Islanders (NHPI). Early reports from California, Hawaii, Oregon, Utah, and Washington indicate that NHPI have higher rates of COVID-19 when compared to other ethnic groups. A precursor to these outcomes is that NHPI have some of the highest rates of chronic disease which puts this demographic at higher risk of COVID-19. Much like other racial/ethnic minority groups, NHPI are more likely to work in the essential workforce and live in multi-generational households. Thus, these conditions allow COVID-19 to proliferate among NHPI enclaves.

Person with a protective mask preparing food with a front door sign that reads "No Mask, No Entry". — Thank you essential workers! Source: spurekar, Creative Commons

Health and Human Rights

Health is argued to be a fundamental human right. Ways this can be achieved is through creating greater access to safe drinking water, functioning sanitation, nutritious foods, adequate housing, and safe conditions in the workplace and schools. As such, health exists well outside the confines of the typical health care setting. However, the U.S. has yet to officially ratify the Universal Declaration of Human Rights which ultimately prevents the government from being held accountable for the socioecological influences that generate health disparities across racial/ethnic minority groups.

These health disparities are not debatable and even acknowledged by the U.S. Commission on Civil Rights. In response, national efforts, state-level policies, and public health programs have successfully reduced these disparities but have only made modest progress. Thus, comprehensive, systemic, and coordinated strategies must be implemented to achieve health equity. Although solving this daunting task cannot achieved by the U.S. government alone. It must also incorporate non-profit and philanthropic on-the-ground efforts already seeking this goal as well as greater public awareness about the impact social and economic policies have on racial/ethnic health disparities.

Despite these discrepancies, the COVID-19 pandemic serves as an opportunity for social change. More specifically, these unprecedented events bring greater light to issues such as poverty, homelessness, unemployment, and migration, all of which disproportionately affect communities of color. As a result, the ubiquity of COVID-19 has gathered people from every corner of the justice community to declare that health is a human right, thus bringing us one step closer to true equity and inclusion.

Outside the Frame: Where is the Native Story in American Art?

On Monday, March 9^th, the Institute for Human Rights co-sponsored an event alongside College of Arts & Sciences and Abroms-Engel Institute for the Visual Arts (AEIVA) to present a panel discussion with Dr. Deidra Suwanee Dees (Director/Tribal Archivist – Poarch Band of Creek Indians), Dr. Tina Kempin Reuter (Director – Institute for Human Rights, UAB), Oakleigh Pinson (Guest Co-Curator – Focus IV Exhibition, AEIVA), and moderator John Fields (Senior Director – AEIVA). During their discussion, they addressed the Native erasure from American art and pathways to greater representation.

The discussion began with mention of Manifest Destiny, which were the events that led to the removal of Natives throughout North America. This effort was influenced by the ‘doctrine of discovery’ that painted non-Christians as pagans and, thus, targets of oppression. The Indian Removal Act of 1830 affected tribes throughout the Southeast, namely the Poarch Creek Indians who are the only federally recognized Native tribe in the state of Alabama.

Thus, many works of art in U.S. museums do not include depictions of Natives. In contrast, many paintings of the American frontier include landscapes without people, although sometimes incorporating wildlife, which conveys the message that this land was simply there for the taking. These portrayals also hide behind the altered and destroyed scared sites that were once home to millions of Natives.

Woman with a ceremonial indigenous dress presents artwork as onlookers listen. — Dr. Dees presenting art to the audience. Source: UAB Institute for Human Rights

Such treatment has resulted in harsh living conditions where nearly a quarter of the U.S. Native population reside on tribal lands riddled with unemployment, inadequate housing, and limited facilities. These conditions serve as a harvest ground for poor access to resources that translate to health disparities related to heart disease, suicide, tuberculosis, etc. Native women are particularly at-risk in these harsh conditions because thousands every year go missing or are found murdered, thus inspiring the #AmINext awareness campaign in Canada.

During the Q&A segment, an audience member asked if this type of art could be considered propaganda. Dr. Dees suggested that suppression of art is a red flag because it limits expression, although she then claimed that art can also be created to facilitate social change. The conversation then evolved into a discussion about film depictions of Natives and the involvement of indigenous peoples in the United Nations. These sentiments centered on the general theme that Native representation is not only missing in art but also popular culture and politics.

Ultimately, the erasure of Native perspectives whitewashes what is to be told and understood. As such, it is imperative these wrongs are corrected through fair representation of Natives in the media and political arena. Recognizing the rights of indigenous peoples not only brings us closer to the full realization of human rights but also prevents history from painting with a broad brush.

Nathaniel Woods and Alabama’s Broken Justice System

As the world is reeling from the coronavirus outbreak and the constant inundation of new cases and increasing death rates, I wanted to call your attention to an important event that has largely been overlooked in the midst of the chaos. On March 5^th, 2020, a man by the name of Nathaniel Woods was executed by the state of Alabama via lethal injection at the William C. Holman Correctional Facility in Atmore, Alabama. The 43 year old Woods was convicted because of his role in the fatal deaths of three Birmingham, Alabama police officers in 2004. Two entities could have stepped in to stop the execution: The Supreme Court and the governor of Alabama, Kay Ivey. The Supreme Court did delay the execution for three hours, but Kay Ivey refused to step in stating that she believed justice must be served in the name of the law. The execution of Nathaniel Woods was unjust and unfair in many ways and highlights the severe problems within the Alabama Justice system.

In the case of Nathaniel Woods, it is important to note that he was convicted of being an accomplice to the deaths of the three police officers. The man who confessed to the actual act of shooting and killing the police officers is Kerry Spencer. In fact, Spencer confessed to acting alone in the crime that landed both him and Woods on the Alabama death row. He testified this in his own trial and claimed to be acting in self-defense, highlighting that the shooting was not planned. During his confession, Spencer very clearly stated that Woods ran away from the scene and could not be considered an accomplice to the act. According to his former appellate attorney, Spencer may never be executed as Woods was. When Spencer was convicted in 2005, the jury that found him guilty recommended that he receive life in prison without parole, instead of the death penalty. A 2017 Alabama law that removed the power of the judge to override non-unanimous jury verdicts in the cases of the death penalty effectively protects Spencer. So why, when Spencer confessed to the deaths of the police officers, is Woods dead? A primary factor is that Wood’s jury never heard Spencer’s claim of self-defense. An even larger factor is that the Alabama death penalty laws are inherently flawed and unjust.

Alabama Governor Kay Ivey. Source: 187th Fighter Wing. Creative Commons.

The jury that convicted Woods reached a non-unanimous verdict of 10-2 recommending the death penalty. Alabama is one of two states in the United States that allows a non-unanimous verdict to result in the execution of a defendant. The death penalty laws within Alabama have been seriously criticized by civil right leaders and have been called unjust under the accusation that the criminal courts are unfairly biased against minorities. Despite Woods’ family and a few high profile figures including Martin Luther King III, the son of the late Martin Luther King Jr., and Kim Kardashian West contending that much of the evidence supported Woods’ innocence, neither Governor Kay Ivey nor the Supreme Court intervened on Woods’ behalf.

Woods’ case is unfortunately one in a long line of executions that highlights the many problems with the Alabama justice system. Before its abolishment in 2017, Alabama allowed judges to over-ride a unanimous jury in order to impose death sentences. While this is a step in the right direction, Alabama was the last state in the United States to make this change. Alabama has had 67 executions and 9 exonerations since 1976. This means that for every seven people executed, one has been exonerated. As of today, at least 107 of the death sentences in Alabama have been reversed and resulted in a reduced sentence or an exoneration. These statistics leave Alabama with a very high error rate. After 2010, Alabama has executed a series of defendants with questionable convictions: two defendants suffering from mental illness and three defendants whose judges over-rode the jury’s decision for life imprisonment in favor of the death penalty. Alabama also has no statewide public defender system and does not pay appointed attorneys enough, resulting in a lacking quality of counsel. Until 1999, capital trial attorneys were paid $40 per hour for work in-court and $20 an hour for work out-court. The out-court work compensation could only reach $1000. During this time, almost half of the current death row convictions occurred. Now, capital trial attorneys are paid $70 per hour with a cap of $2500, a rate that is noticeably below market rates. The lack of funding has resulted in a reduced quality of work and inadequate representation for defendants who are fighting for their lives.

In January of 2020, the governor of Alabama appointed a panel to issue recommendations to address the problems of the Alabama prison system reported in a 2019 report released by the Justice Department. The report identifies the major problems with Alabama’s prison system. These problems included prisoners being assaulted and tortured on a routine basis with the knowledge and participation of the prison guards. Such abuse clearly violates the Eighth Amendment that protects against cruel and unusual punishment. It also included problems within prisons such as overcrowding, understaffing, a large presence of weapons and drugs, corruption, and raw sewage. Many corrections officers have been arrested and charged with crimes such as bribery and drug trafficking. In February of 2019 a judge found that the conditions for mentally ill patients within the prison system were unconstitutional. Since the beginning of 2019, at least 29 of 28,000 people died of preventable deaths in the Alabama prison system, a big contrast to the national average of prison homicides of seven per 100,000 prisoners. The recommendations provided by the state appointed panel have been called “common-sense” and do not address the more serious problems. If these problems are not fixed, the prison system will be operated by an outside party.

There are a significant number of problems within Alabama’s death penalty policy and within the Alabama prison system in general. There is no need to prove that a defendant was at least 18 years of age at the time of the crime within the state. There is insufficient protection for mentally ill defendants. And the Supreme Court is the only thing within Alabama that is preventing the executions of defendants with an IQ of below 70. Changing and reforming the broken Alabama death penalty system will be a long process, during which there is a possibility for many more innocent people to die. The decision to end the judicial override system in 2017 was a step in the right direction but not nearly far enough. Since then, more changes have been made to protect the already broken system, such as the 2018 decision to use nitrogen hypoxia, a method of suffocation, as a backup execution method. There is hope that the execution of Nathaniel Woods would push Alabama to make serious changes. However, this hope has not yet come to fruition. Some changes that would reform the system instead of protecting it would include: requiring a unanimous agreement from the jury to sentence people to death, requiring prosecutors to prove that the defendant was at least 18 years of age at the time of the crime, and acknowledge and end the racial bias that contributes to the death penalty practices. Ultimately, even after these changes are made, the most positive change to the Alabama death penalty system is to eradicate it once and for all.

Art for Human Rights: The For Freedoms Congress

As the crowd chanted the words “Reactionary? No, visionary” in synchronization, we could envision the power of community and our passion to create change. Our minds were synced in for a collective purpose and hearts full of warmth and unity. This was at the first For Freedoms Congress in Los Angeles, California at the beginning of March earlier this year. I had the incredible opportunity to attend and bring back home a plethora of inspiration, information, and ideas on using art as a tool for activism.

What is For Freedoms?

For Freedoms is an artist-run platform for civic engagement, discourse, and direct action for artists in the U.S. inspired by American artist Norman Rockwell’s paintings of Franklin D. Roosevelt’s Four Freedoms—freedom of speech, freedom of worship, freedom from want, and freedom from fear—For Freedoms uses art to encourage and deepen public explorations of freedom in the 21^st century. Their belief is to use art as a vehicle for participation to deepen public discussions on civic issues through non-partisan programming throughout the country. Hank Willis Thomas, the cofounder of For Freedoms says that “The people who make up our country’s creative fabric have the collective influence to affect change. Right now, we have a lot of non-creative people shaping public policy, and a lot of creative individuals who haven’t or don’t know how to step up. For Freedoms exists as an access point to magnify, strengthen, and perpetuate the civic influence of creatives and institutions nationwide.”

About the Congress

The For Freedoms Congress gathered delegates from all 50 states, the District of Columbia, and Puerto Rico to come together to share their mutual passion of using art as a tool for advocacy and activism. We were honored and proud to represent the Institute for Human Rights, UAB, and the state of Alabama at this nationwide platform. The Congress spanned over three days in the historic city of Los Angeles to celebrate its role as the birthplace and driver of many important artistic-led cultural movements over the decades. The use of remarkable locations such as the Museum of Contemporary Art, Japanese American National Museum, and the Hammer Museum added to the artistic aura of the conference and gave us an opportunity to explore these exciting places.

Over the course of the conference, we got to attend a number of artist-led planning sessions, creative workshops, art activations, and performances on topics ranging from refugee rights to gun violence, indigenous rights to gender equality, and the criminal injustice system to public art policies. In addition, featured townhalls were held on each of the four freedoms that sparked constructive dialogue between the participants.

The 50 State Photo. Source: Ural Garrett, FFCon

Culture, Art, and Advocacy

The foundation of all the discussions and sessions at the Congress lies on one fact: culture is a human right. Article 27 of the Universal Declaration of Human Rights states that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” To make this right a reality, activists, advocates, and cultural institutions from around the country came together to share their ideas, foster collaboration, and to create a platform for civic engagement. They committed to keep playing their part in their respective communities to help make this right a reality for all through public action and commitment to the American values of equality, individualism, and pragmatism.

We need to make sure that cultural and social groups are able to express themselves and exercise their right to art in addition to other human rights. The right to art suggests that it should be accessible to everyone and is synonymous with free speech and self-expression. It goes back to having the freedom to speak up for one’s own self, to have representation, and to practice religion and cultural ways free from any fear or want.

Art is a powerful tool to bring communities together and it speaks to people, which is why it can be used in all kinds of fields to foster equity, inclusion, and justice in society. For example, an important aspect that is often overlooked is the importance of art education and its access in our education system. Art education fosters social development, provides a creative outlet, enhances academic performance and intellectual development, and promotes out-of-the-box thinking for students. Brett Cook, an interdisciplinary artist and educator, led a dialogue on community and collaboration to explain how arts-integrated pedagogy can cause healing and tell stories that reinvent representation. He used The Flower of Praxis as the basic model to foster socially engaged art practices with a focus on art education for collaborative outcomes. It starts with preparing the soil by reflecting on personal experiences and moves through the leaves of connecting with others, seeking new understandings, generating critical questions, and critical analysis to grow into the flower of informed action. The process keeps going by reflection influencing action and eventually generates activism and civic engagement.

The Flower of Praxis. Source: Rosa Gonzales, Creative Commons

Making the voices of people more audible by telling their stories through art and narrative can help create a new moral imagination on pressing issues and social injustices. Art can be used to express what human rights mean to a certain group of people. It gives people the right to their own ways and to tell their own stories. The session “Art Stories on Migration” made me realize the potential of art as a tool for advocacy and how it can be used to create a sense of belonging among disoriented populations. It can redefine identity and help answer pressing questions like who belongs to the economy? Who belongs to the healthcare system? Who belongs to the American identity? It can help communities take ownership and build representation in creative ways. The language of visuals activates the aesthetic perceptions of individuals and facilitates a deeper understanding of issues beyond the surface level. Making the stories of refugees and migrants visible through artistic media gives voice to their struggles and highlights their contributions. Responding to the question of suggesting creative activities or solutions in response to the issues of migration, one participant shared their video project in which immigrants re-read the Declaration of Independence to reflect on what those words mean to them, not just historically but also contemporarily. Another delegate suggested using inclusive language and terminology in museums and other public spaces, such as newcomers or people who migrated instead of refugees or immigrants, enslaved people rather than slaves, and First Americans instead of Native Americans. There are also various avenues for advocacy for non-profit organizations and public charities to lobby, advocate, and encourage participation in politics, elections, and other social movements.

One of my favorite sessions at the Congress was the “This is Not a Gun” workshop. It was based on using collective creative activism to highlight the stories of injustices inflicted on the American people at the hands of law and order. Since the year 2000, United States police have “mistaken” at least 38 distinct objects as guns during shootings of a majority of young black American men, none of whom were armed. The participants shaped these mistaken-as-gun objects in clay, giving presence to their form, the human rights violations, and racism prevalent in America today. While carving out these everyday objects like a flashlight, hairbrush, and sandwich, we paid tribute to the victims and had a meaningful conversation around accountability, equity, safety, and social justice in our country. It made us reflect on the racial profiling, police brutality, societal trauma, and the role we can play in addressing these issues by coming together to support our people and our communities.

The takeaway message from the Congress was that art has the potential to make a difference in the social discourse and to create change through public engagement. The For Freedoms Congress built a collective platform for artists around the nation to stimulate public action on pressing national issues. In the words of For Freedoms delegates,

We are a collective of artists, creatives, and cultural institutions. We believe citizenship is defined by participation, not ideology. We are anti-partisan. We use the power of the arts to drive civic engagement, spur public discourse, and inspire people to participate in our democracy.

How Covid-19 Exposes the American Healthcare System

When I studied abroad in Spain, I had many discussions with my host family comparing the United States and Spain. These conversation topics ranged from politics, social expectations, and the weather. One topic that my host mother was especially interested in is the American health care system in comparison to the Spanish health care system. Spain has a universal health care system while still allowing private insurance whereas the United States has purely private insurance. Neither system is perfect. However, as the Covid-19 crisis continues to progress it is important to understand how the crisis brings to light the many issues with the American health care system.

A woman in a mask. — Woman in Mask. Source: Patrice CALATAYU. Creative Commons.

It is a well-accepted fact that the United States was significantly less prepared for the impact of Covid-19 than most other developed countries. By any metric of pandemic preparedness, America is significantly behind the rest of the developed world in regard to medical supplies. The country has a severe lack of health care infrastructure within the system; even before the international pandemic, the United States had fewer doctors and hospital beds than the majority of other developed countries. The United States lacks in the number of doctors per capita with 2.6 doctors per 1,000 people. The comparable country average is 3.5 per 1,000 people, which shows just how behind America is. The United States also has fewer hospital beds per capita than the majority of other developed countries. To make matters worse, America has some of the highest rates of unnecessary hospitalizations. These are hospitalizations of patients with chronic conditions that have preventable treatment, making it unnecessary for the patient to be hospitalized. With a pandemic such as Covid-19, these unnecessary hospitalizations are diminishing. However, in the beginning of the crisis within the United States, unnecessary hospitalization significantly slowed down the efficiency of the health care system in caring for Covid-19 patients.

An important trend in the preparedness of the United States for Covid-19 is that the United States, with a private health care system, was noticeably less prepared than countries with universal health care systems. It is true that universal health care is not the perfect response to pandemic emergencies like Covid-19. This is shown by Italy, a country who has a federalized national health insurance program. Italy still needed to lock down and for a while had the highest case and death rate than any other country. However, countries like Italy with universal health care were able to begin recovery and slow the spread of the virus much quicker than those without.

a hospital — Hospital Beds. Source: Presidencia de la Republica Mexicana. Creative Commons.

As health providers have been working tirelessly to make the necessary changes to care for Covid-19 patients, private health insurance companies have been making very few changes to their processes. One system health care providers have been implementing is telemedicine, a program that allows patients to securely consult with their health care providers virtually therefore easing the burden on the infrastructure of the hospitals. Despite President Trump expanding provisions on telemedicine, private health companies are not required to pay health systems for telemedicine. At the same time, while some insurance companies have waived some Covid-19 related costs, out-of-pocket expenses are not waived resulting in patients needing to pay thousands of dollars. To put these costs in perspective, in 2018 the average amount for a patient covered by private insurance admitted to the hospital for a respiratory condition similar to coronavirus was $20,000. Additionally, as hospitals across the country prepared for an influx of Covid-19 patients, stable patients without the virus were forced to stay in the hospital beds. These patients, who should have been moved to a rehab facility or released, were taking up unnecessary space due to private insurance companies taking multiple days to authorize the next steps for each patient. This has been a known delay in hospitals before the pandemic but now it is a delay that has dire consequences.

Quite possibly the biggest problem in the American health care system is cost. This problem is unique to the United States. Citizens are required to pay higher out-of-pocket costs than those in most other countries, leading Americans to forgo their health care in order to save money. Reports have shown that 33 percent of Americans reported a cost-related barrier to receiving care. This is in comparison to the 7 percent who reported the same in Germany. In 2019, a study showed that 33 percent of Americans also reported postponing medical care due to the cost of that care. It is only in the United States that citizens are risking thousands of dollars in order to seek help in a medical crisis like the one posed by Covid-19. A major concern across the world is that Americans will not seek care for corona symptoms due to the high costs of healthcare in the United States and the high amount of people without insurance in the country. This will spread the disease significantly faster than officials within the country would like to believe.

man with supplies — Medical Supplies. Source: Navy Medicine. Creative Commons.

As the Covid-19 cases rise in number across the country, an unusually high number of African Americans in the United States have been infected with Covid-19. This news, while terrible, is unfortunately not shocking and highlights the many racial inequalities in the health care systems. Coronavirus does not have a racial factor but the structural racism within the American health care system is evident. African Americans are over-represented in many essential workplaces making the population more at-risk than other populations. At the same time, African American populations are less likely to have health insurance coverage leading to a disproportionate number to not receive the necessary help from the health care system. There also exists a racial empathy gap that disproportionately affects African Americans and Hispanics within the United States. A racial empathy gap is when medical professionals show less empathy and sympathy to African American patients who are experiencing pain. Human rights workers have been working on mandatory reviews to ensure that health workers are providing an equitable form of treatment for minority patients. However, due to a bias developed and enforced by societal constructs of different races, there exists a higher risk for minority populations within the American health care system.

A few examples of problems within the American health care system that have been exacerbated by Covid-19 are highlighted above. While officials within this system and within the government must work to make necessary changes, it is also important to recognize the lifesaving and tireless health care workers who work within the imperfect system. Covid-19 has shown the country how necessary health care workers are. Nurses, doctors, surgeons, and so many other health care providers have dedicated an immense number of hours to fighting Covid-19. These individuals who are working to save lives within the corrupt health care system are extremely important and we must recognize their hard work while we work to make the system fairer and more equitable.

Breathing Lessons: Disability Rights in the Wake of COVID-19

The novel coronavirus (COVID-19) has provoked an unprecedented reality for much of the global population by streamlining widespread bureaucratic frustration, health anxiety, and social distancing. Most people know that older adults and people with underlying health conditions are disproportionately affected by COVID-19, although many people fall under both these categories and identify with a disability. Also, due to the limited resources available to treat people with COVID-19, concerns have emerged about who receives what type of care. This would force health providers with the grim task of dictating whose lives are worth saving. This blog addresses concerns about rationing care amid the influx of COVID-19 patients and how this might affect the largest minority group in the United States (26%) and world (15%), people with disabilities.

Word Health Organization suggests COVID-19 is particularly threatening to people with disabilities for a list of reasons: (1) barriers to implementing proper hygienic measures, (2) difficulty in social distancing, (3) the need to touch things for physical support (e.g. assistance devices; railings), (4) barriers to accessing public health information, and (5) the potential exacerbation of existing health issues. These issues add insult to injury because, even without COVID-19, people with disabilities by-and-large receive inadequate access to health care services. This is largely due to the competitive nature of health systems which value profit maximization and, thus, disadvantage people with disabilities as consumers in the health care market.

Recently, select states and hospitals have issued guidelines for health providers that would potentially deny people with disabilities treatment for COVID-19. Two entities, Alabama Department of Public Health (ADPH) and Washington State Department of Public Health (WSDPH), have recently come under scrutiny because of their efforts to fulfill such guidelines.

ADPH’s Emergency Operations Plan suggests that ventilator support would be denied to patients with “severe of profound mental retardation”, “moderate to severe dementia”, and “severe traumatic brain injury”. This controversial protocol has recently grabbed the attention of Alabama Disability Advocacy Program and The Arc thus leading to a complaint with U.S. Department of Health and Human Services Office for Civil Rights (OCR) regarding discrimination toward people with intellectual and cognitive disabilities.

With Washington notoriously being one of the first COVID-19 hotspots, WSDPH and the University of Washington Medical Center have come under fire for their plans to develop a protocol that would allow health providers to access a patient’s age, health status, and chances of survival to determine treatment and comfort care. These efforts have been confronted by Disabilities Rights Washington with their own complaint to OCR that declares any medical plan that discriminates against people with disabilities effectively violates the their rights and is, therefore, unlawful.

OCR swiftly responded to these concerns, as well as those from Kansas and Tennessee, by stating that, even in the case of pandemics, hospitals and doctors cannot undermine the care of people with disabilities and older adults. OCR Director Roger Severino exclaimed, “We’re concerned that crisis standards of care may start relying on value judgments as to the relative worth of one human being versus another, based on the presence or absence of disability,” and “…that stereotypes about what life is like living with a disability can be improperly used to exclude people from needed care.”

Also, with New York currently having most of the U.S.’s confirmed COVID-19 cases, they may very well be the first state to face the imbalance of available ventilators and patient demand. Disability advocates have recently decried verbiage in New York’s Public Readiness and Emergency Preparedness (PREP) Act that could provide immunity from civil rights for some patients. Thus, U.S. state and federal powers are playing tug-of-war with the status of disability rights during the COVID-19 crisis.

Not Today #COVID19 Sign Resting on a Wooden Stool. — Not Today COVID-19 Sign on Wooden Stool. Source: Pexels, Creative Commons.

However, these concerns are not limited to the U.S. In the developing world, many people with disabilities are segregated from their communities in overcrowded facilities, while thousands of others are shackled and incarcerated. This weak enforcement of disability rights positions people with disabilities, in countries such as Brazil, Croatia, Ghana, India, Indonesia, and Russia, at-risk of further inhumane treatment by receiving limited or no appropriate care related to COVID-19. As a result, Human Rights Watch urges state and local authorities to return these populations to their families and demand they provide needed support and services within their communities.

Nearly every country in the world has ratified the United Nations’ Convention on Rights of Persons with Disabilities (CRPD) which aims to fulfill the human rights and fundamental freedoms of people with disabilities. More specifically, Article 25 of CRPD suggests people with disabilities have the right to non-discriminatory health care and population-based public health programs. Thus, nearly every person with a disability around the globe is associated with a governmental power that claims to be dedicated to fulfilling the promise of CRPD. However, in the wake of COVID-19, will these words be put into action?

These unprecedented events are a turning point for how we view our bodies, health, and communities. This is also an opportunity to view the world through the perspective of those in your community such as people with disabilities who represent an array of impairments, challenges, and experiences. Despite boredom and apathy being at the forefront of many people’s isolation, images of life versus death surround others, and for a good reason. In these decisive weeks, and likely months, there has never been a greater time for people in the U.S. and abroad to acknowledge that disability rights are human rights.