Naturally, many human rights violations and atrocities leave one wondering, “What can I do to ensure these violations do not happen again?” Unfortunately, however, many don’t know how to help to support human rights and a lot of information online is convoluted. This in turn causes charities and other non-governmental organizations (NGOs), which seek to promote humanitarian efforts, to often get overshadowed by bad news.
In this blog, I will share notable charities and initiatives that one could support in an effort to make a difference in the world.
Human Rights Watch
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Human Rights Watch (HRW) is an organization that investigates and reports on human rights violations and atrocities throughout the world. The advocacy of Human Rights Watch, as said by them, is directed towards “governments, armed groups and businesses, pushing them to change or enforce their laws, policies and practices.”
Moreover, Human Rights Watch does not accept any sort of funding from the government or corporations, as they seek to remain unbiased and bipartisan. The organization is complied of over 400 lawyers and human rights experts, and they would be a great organization to help out with donations.
Human Rights Watch prides itself on its transparency in its affairs, and it was thus awarded the Guidestar Platinum Seal of Transparency, an award given by an organization that “gathers, organizes, and distributes information about U.S nonprofits in an effort to advance transparency, enable users to make better decisions, and encourage charitable giving.”
Moreover, if that was not enough to show you the commitment of Human Rights Watch, allow us to make note that in 1997, they were awarded the Nobel Peace Prize for helping create the 1997 Mine Ban Treaty — a piece of legislation that brought about newfound protection to citizens from bombs which previously “killed and maimed indiscriminately.”
Therefore, with all of the aforementioned facts in mind, donating to Human Rights Watch would be a sure way in bringing about change and ensuring that human rights violations get exposed, lessened, and stopped.
Amnesty International
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Amnesty International is one of the most influential and famous nongovernmental organizations in the world. Amnesty International, simply put, could be defined by its mission statement: “[we are] a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all.” Amnesty International, like Human Rights Watch, is primarily funded by its supporters – not governments or political institutions.
Moreover, Amnesty International is both unbiased and bipartisan – they simply just seek to ensure all people enjoy human rights. Amnesty International functions by lobbying governments to ensure they keep their promises and passions for human rights; investigate and expose all violations that occur in the world, despite of where or what might have happened; and seek to educate and mobilize all people who wish to learn more about human rights.
Amnesty International was founded more than 50 years ago when the owner, Peter Benenson, saw two Portuguese students jailed for raising a toast to freedom in 1961. Since then, Amnesty International has been one of the most prominent and respected NGOs on the scene, and they have accomplished a lot.
In just 2022 alone, Amnesty International has helped free individuals who were imprisoned unjustly and ensured that human rights abusers got locked up. Moreover, Amnesty International was a driving force behind the decriminalization of Abortion in Colombia. Needless to say, Amnesty International’s impact, passion, and dedication to human rights is incredibly influential, and donating to their cause would definitely help bring about good changes.
Human Rights First
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Human Rights First (HRF) was established in 1978, with the mission of “[ensuring] that the United States is a global leader on human rights.” Human Rights First is centered in the United States, but it conducts a multitude of work abroad to ensure that “human wrongs are righted.”
Human Rights First has been involved in a lot of international political affairs which sought to eradicate injustice and, as they put it, human wrongs. For instance, in 1988, Human Rights First initiated its Lawyer-to-Lawyer network, which was an initiative that helped ensure all lawyers that have been imprisoned unjustly internationally are released. As of now, the program has worked with over 8000 lawyers in over 130 countries.
In addition to helping create the International Criminal Court, Human Rights First also helped establish the Fair Labor Association in 1999. This Association brought together over 60 major companies, such as Nike and Adidas, to help set workplace standards for industries throughout the world. In doing so, Human Rights First helped ensure that those who work for major international companies are not going to face hardships or disparity in their workplace environment.
Human Rights First, in addition to all that has been mentioned, has been a major actor in the anti-torture movement. In 2009, Human Rights First stood beside President Obama when he signed the executive order banning all torture in the United States. Then, in 2015, Human Rights First sought to make Obama’s order even more powerful and impactful. After the release of the Torture Report, Human Rights First was able to gain public support and then work with Senators McCain and Feinstein to craft what they consider to be the “strongest anti-torture law in U.S. history.”
Needless to say, Human Rights First is an incredibly dedicated, driven, and successful organization, which has had years of successful changes in the world of human rights. You definitely would not go wrong by donating or supporting them.
Summary
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In summary, human rights is a very complicated topic that is often convoluted and hard to understand through the media. Due to this, many do not always know what is the best way to donate and help out, despite wanting to. In this blog, I have listed multiple different organizations that have a proven history of success and change, and I thus hope to have made the process of getting involved in human rights easier.
If more people are involved in human rights, more change will happen, and more people internationally will have access to these same rights. It is my hope that, one day, human rights will be as accessible to everyone on this planet as oxygen is. This will only happen with support, and that is exactly what I hope to have urged you to do in this blog — support the NGOs which fight for human rights.
I grew up in the Atlanta metropolitan area. Not inside the perimeter as one might say, I spent my childhood in the forests for hours at a time. My brother and I never grew bored of the endless possibilities and freedom we felt among the oaks: they are some of my most treasured memories. So, whenever we drove into Atlanta proper, I would watch the trees blur by as we encroached further to the city’s heart, well past the notorious highway 285 that encircles it. I always had a tree in sight no matter the distance we ventured into the city, and it always reminded me that home could extend and coincide with a vibrant metropolis rising ever closer in my sight. This always soothed me and put me at peace.
Not all is peaceful in the forest, however.
When protesting is rebranded as domestic terrorism
Since the quiet release of plans to demolish South River Forest (also known as the Old Atlanta Prison Farm) in 2021, protesters have been camping in the forest for months. Local organizations have banded together in order to advocate for the forest and resist police attempts to forcibly remove protesters. These organizations includeDefend the Atlanta Forest, Community Movement Builders, a Black-led nonprofit serving working-class and poor Black people, and the newly formed Stop Cop City group.
These organizations have intersecting goals that culminate in mutual aid to stop the construction of the Atlanta Public Safety Training Center known as “Cop City.” Leaders from the Community Movement Builders described the project as a “war base” wherein “police will learn military-like maneuvers to kill Black people and control our bodies and movements.”
One reason for the clear disdain for the project, aside from the historical implications discussed further below, is that the proposed site resides in unincorporated Dekalb county. Thus, those living in the neighborhood had no representatives on the council that approved the project in the first place. After public outrage at the lack of transparency and community engagement, the Atlanta council begrudgingly allowed public comments before the vote in September 2021. The council received 17 hours of recording on the proposal with 70% (or 12 hours) expressing opposition. The plan still passed 10-4.
Figure 1: Source: Flickr, Photo credit to John Ramspott; Barricades constructed by Cop City protesters from debris and illegally dumped material.
Protesters have created makeshift barricades from mounds of illegally dumped material such as automobiles and tires in the forest. There is no water or electricity in the encampments so the protesters live very frugally to defend their beliefs. Access to water has continued to be an issue as police try to cut off supplies in an attempt to disperse the protesters and conduct regular raids and wreaking camps.
Confrontations with the police have only become more frequent: and with more serious consequences. At first, some activists found themselves with trespassing charges, but protests escalated on January 18th when demonstrator Manuel “Tortuguita” Teran, a 26-year-old queer environmental activist, was lethally shot by Georgia state police.
Figure 2: Source: Flickr, Chad Davis; Protesters in Minneapolis after the killing of Manuel “Tortuguita” Teran.
The Georgia Bureau of Investigation released a statement that Tortuguita, they/them, did not “comply with verbal commands” and allegedly shot a Georgia State Patrol trooper who is in stable condition. As a result of these alleged sequence of events, Tortuguita was shot over a dozen times by multiple different firearms and there is no body cam footage of the tragedy.
Now, the state is planning to convict 18 activists of domestic terrorism charges which holds a possible sentence of up to 35 years.
Local authorities have continued to falsely claim that organizations involved in resisting police development plans are “domestic violent extremists.” During the bail hearing for those arrested on Jan. 18th, bail was denied to four activists while two were given the unprecedented amount of $355,000, along with conditions for ankle monitors and curfews.
What once would have been considered a sit-in protest has now been twisted into “domestic terrorism.”
Considered a private-public venture between the city of Atlanta and the Atlanta Police Foundation (APF), the 85 acres slotted to be turned into a police compound would cost $90 million to construct. Renderings of the project include indoor and outdoor shooting ranges, an auditorium, classrooms, a space dedicated to explosion tests, and a mock miniature city to practice high-speed chases and burn-building training.
The Public Safety Training Academy Advisory Council was formed under the previous mayor, Keisha Lance Bottoms, on Jan. 4, 2021. According to investigative work conducted by the Mainline, a woman-led independent magazine based in Atlanta, the council was comprised entirely by “government, police, and fire officials, including Chief Operating Officer Jon Keen and APF CEO and President Dave Wilkinson.”
After meeting on Jan. 22, Feb. 12, March 4, and March 26 in 2021, the plan that would become Ordinance No. 21-O-0367 (Cop City) was introduced on June 7th the same year. It was passed shortly thereafter on September 8th, 2021.
Two-thirds of the costs ($60 million) to construct Cop City are coming from corporate donors such as Chick-Fil-A and Delta. Otherwise, despite the desperate and apparent need for affordable housing, food, and other life-affirming infrastructures, the remaining third of the costs ($30 million) is to be paid by taxpayers.
The land is currently under lease to the Atlanta Police Foundation for only $10 a year (see page 10) and construction started this February.
Hidden racist history of the forest continued with the development of Cop City
Before South River Forest became known as such, located in the bustling perimeter of Atlanta’s sprawling metropolitan, the land belonged to the Muscogee Creek nation. In the early 19th century, these people were forcibly removed from their land by ever-encroaching settlers on the East coast and South Florida.
In 1821, Georgia held its fourth land lottery, dividing the Muscogee Creek home into 202.5 acres. Between an 11-year period (1827-38), 23,000 Muscogee were driven from their lands by white, enslaving men.
Soon after, the land became a part of a complex of plantations that exploited the labor of enslaved people. The proposed South River Forest zone contained at least 9 plantations. The names of these plantation owners will not be given here, however, to learn some of the known names of enslaved peoples residing in this area, please read this article.
Eventually, this land was sold to the city of Atlanta which was then used as a city-run forced agricultural labor prison that ran uninterrupted from 1920 to nearly 1990, being officially shuttered in 1995.
Originally, the land became the first “honor farm” in the state, allowing trustworthy prisoners and those with minor infractions to work off their time. This was only a mask for a new form of slavery, cruelty, and so much worse as the Prison Farm ran, without clear archived records, for decades. The last official record comes from a 1971 health inspection record.
Figure 3: Source: Flickr, Photo credit to John Ramspott; Within one of the abandoned prison farm structures.
There are no official reports on the number of people who died under the inhumane working conditions, but there is a widespread belief that some inmates who died were buried in unmarked graves though none have been found yet. A little of what we know is troubling at best and stomach-churning at worse. In 1941, a prison superintendent reported housing 9 Black prisoners in a 12 ft space, alongside numerous reports of sexual violence from guards, and inmate deaths, often under suspect circumstances.
In one example, prisoners were allowed to handle Sulfotep, which was only contained in unlabeled squeeze bottles and is an extremely toxic chemical pesticide only supposed to be dispensed by licensed company personnel. We know this because of the death of Leroy Horton, who was serving only a 20-day sentence, and who had been sprayed with the substance by another inmate at his own request after contracting lice at the prison. He served only four days of his sentence and died three weeks later due to these gross malpractices in safety protocols and sanitary living conditions.
Now, the land is once more under contract by state policing structures.
Benefits and necessity of urban forests
Atlanta has been called the “City in the Forest” for its vast canopy coverage and abundance of trees within the city. That is because Atlanta leads the nation and major metropolitan cities in canopy coverage at 47.9 percent.
The canopy is not distributed evenly across the city, rather it decreases as one approaches downtown and increases as one approaches the outskirts, making the presence of South River Forest within the perimeter that much more extraordinary. Researchers also found that the lowest canopy coverage was along transportation corridors, but was over 90 percent along stream corridors and in nature preserves.
More and more cities are tracking the number of trees they foster because of the multitude of benefits they offer. This ranges from combatting urban heat island effects, reducing heating and cooling costs overall, providing blue/green space which improves mental health, acting as stormwater management to control flooding, and sequestering carbon thus improving air quality, combatting carbon emissions and climate change.
Results from a Montgomery, Alabama analysis found that urban forests removed 3.2 million lbs of pollutants from the air annually which is valued at $7.9 million. Moreover, the urban forest sequestered 11,263 tons of carbon each year and stored a total of 1.45 million tons of carbon.
In Atlanta, climate scientists have warned that destroying woods will make the city more susceptible to flooding and dangerously hot temperatures. Other concerns over the South River Forest area are worsened air quality due to construction, fires, and weapons training. In this mainly Black part of metro Atlanta, people have been historically neglected. According to the US Census, 75 percent of the neighborhoods near the forest are Black and suffer from high poverty rates and health challenges like diabetes and asthma.
The Sierra Club Georgia Chapter issued a statement on behalf of Black and Latinx community members, who have long been victims of environmental injustice and pollution within the city, stating their vehement opposition to the destruction of the South River Forest.
Intersections of social ecology and human rights
In recent years, there has been a burgeoning movement to connect ecological and social issues together: known as the theory of social ecology. Murray Bookchin, a pioneer in the environmental movement and social theorist, has stated that ecological problems stem from social issues which in turn are exacerbated by ecological destruction. This vicious cycle has become the driving force behind new movements to address climate change and foster more awareness of the interdependence of people and their environment. Without this widespread recognition, social-ecological theorists have argued that hierarchical societies that rely on violent institutions like prisons and police are more likely to treat their environment and people as entities to be dominated, conquered, and/or controlled.
In the case of the South River Forest/Cop City contention, this theoretical framework can be easily illustrated, alongside numerous normative international human rights standards.
Figure 4: Source: Flickr, Photo credit to John Ramspott; Spray-painted messages from protesters on walking trails within South River Forest.
Firstly, the plans to develop Cop City were done so surreptitiously; there were no public announcements on the proposal before voting, nor were community members and organizations/specialists asked to participate in the development of the plans. Secondly, the council that approved the plans was not elected by anyone from the community in which the Cop City construction will take place. These are prime disregards for political and public representation: foundational blocks for democratic governance, rule of law, and social inclusion. From the Office of the High Commissioner for Human Rights (OHCHR):
“Participation rights are inseparably linked to other human rights such as the rights to peaceful assembly and association, freedom of opinion and expression and the rights to education and to information.”
Next, the economic and social human rights of the South River Forest community are also being threatened. Economically, once again without any representative input, ⅓ of the cost ($30 million) is to be paid by taxpayers. Socially, each human has the right “to social protection, to an adequate standard of living and to the highest attainable standards of physical and mental well-being.” These rights are being threatened by the gross environmental degradation of a low-income community that already suffers from health conditions such as asthma. Moreover, it has long been scientifically proven that blue-green space increases one’s mental health 一 an explicitly aforementioned social right.
Lastly, we come to environmental rights. The task of succinctly explaining them can be a lot, I encourage readers to look on our site in the “Environmental Rights” category for even more insight. However, in this case, where the environment is the key concern of protest, one should return again to social-ecological theory. In human rights, the right to health found in the International Covenant on Economic, Social, and Cultural Rights,cannot be fully achieved in an environment that contributes to worse air quality, mental health, and dangerously high temperatures. The right to security, found in Article 3 of the UDHR, cannot be achieved in an environment where the community is under threat of more flooding, subject to burns, bombs, and shooting daily, and lives in fear of violence. And this can go on and on.
Ultimately, this issue is complex and multifaceted: and it deserves public and civilian representation and more time than 7 months of deliberation to destroy a forest hundreds of years old.
Over 60 years ago, the United Kingdom (UK) government secretly planned with the United States (US) government to forcibly remove an entire Indigenous people, the Chagossians, from their homes in the Chagos Archipelago. TheChagos Islands are a group of islands in the Indian Ocean. The UK has a long-standing dispute with Mauritius over the islands’ sovereignty. The UK separated the Chagos Islands from Mauritius in the 1960s, establishing a British Indian Ocean Territory (BIOT) on the islands. The original inhabitants of the islands, the Chagossians, were forcibly removed and relocated to other countries, including Mauritius and Seychelles. The eviction of the Chagossians has been a contentious issue, with many claiming that the UK’s actions were both illegal and unjust. The International Court of Justice (ICJ) ruled in 2019 that the UK’s separation of the Chagos Islands from Mauritius was illegal, and that the UK should cease administration of the islands.
Map showing the location of the Chagos Archipelago. Source: Google Maps.
Forced Removal
Diego Garcia, the largest of the inhabited Chagos islands, would be turned into a US military base, and the island’s inhabitants would be relocated. This is an ongoing colonial crime because according to article 9 of the Human Rights Act,“ No one shall be subjected to arbitrary arrest, detention or exile.” The UK government forcibly removed the indigenous people from their native, ancestral lands. This removal was carried out without their knowledge or consent, and they were given no say in the matter. This action infringed on their right to self-determination, a fundamental principle of international human rights law.
Source by Yahoo Images
Loss of Livelihood
The reality was the indigenous people had been there for centuries developing their distinct culture, language, and customs. From 1965 to 1973, the UK and US forced the entire Chagossian population from all the inhabited Chagos islands to be displaced from their homeland. Both governments treated the people as if they had no human rights. The islanders were a fishing and coconut plantation community, and their forced removal from the islands cost them their livelihoods. When they were exiled, they were unable to take any of their possessions or belongings with them, and they were not compensated for their loss. This had a significant financial and social impact on their lives.
Separation from Families
“My mother cried and said to us, ‘Now we will live a very different life’” quote from Louis Marcel Humbert, born in Chagos 1955. This was in response to leaving four brothers and a sister back on the island. Unable to bring their families with them, many families were broken and left in a similar situation. The strict restrictions imposed by the UK government on access to the islands made it impossible for families to even visit those they have left behind. The governments’ merciless persecution on the grounds of race and ethnicity have resulted in thousands of families being isolated from each other. This is a continuation of the colonization and exploitation of the inhabitators of Chagos. In 1814, the Chagos Islands were ceded to Great Britain as part of the Treaty of Paris, which ended the Napoleonic Wars. The islanders have been subject to forced removal for years.
Source by Yahoo Images
Deny Right to Return
Despite the International Court of Justice ruling that the UK’s separation of the Chagos Islands from Mauritius was illegal and that the UK should end its administration of the islands as soon as possible, the UK government has retained control of the islands and denied Chagossians the right to return.Full reparations are in order and that starts by granting passage to return back to Chagos. The US and the UK need to provide restitution by immediately lifting the ban on Chagossians permanently returning to the Chagos Islands. This is a human rights violation from over 650 years ago that has yet to be corrected. By acknowledging the islanders were removed unlawfully, both governments can work towards rectifying the situation.
The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.
One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future.
Lemon v. Kurtzman (1971) | Introduction of the Lemon Test
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Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.
What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:
The piece of legislation must have a secular purpose;
The piece of legislation must not advance or prohibit the practice of religion;
The piece of legislation must not force the government into “excessive entanglement” with religious affairs.
If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test.
Wallace v. Jaffree (1985) | Application of the Lemon Test
Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.
This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause.
Oregon v. Smith (1990) | Introduction of RFRA
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This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3.
In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.”
However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional.
However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”
This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications.
Burwell v. Hobby Lobby (2014) | Application of RFRA
In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.
Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year.
Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes.
The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.
What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means.
Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test
(source: yahoo images)
The last case we shall discuss is one that has been all over the media recently:Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.
Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.
However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”
What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.
Summary
(source: yahoo images)
As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.
However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right.
People filled the plaza in the place where all three powers of governance meet in Brasília, Brazil. A sea of green and gold as hundreds of citizens displayed their nation’s colors before entering the seats of power, destroying property, and overpowering the police. People climbed to the roof of the Congress building and unfurled a flag that read “intervention.”
Raging riots in the wake of a new presidency
On January 8th, 2023, citizens stormed Brazil’s Congress, Supreme Court, and presidential offices in objection to the newly incumbent President Luiz Inácio Lula da Silva. Their rage and fear came after the loss of former president Jair Bolsonaro and a false belief that the October 2022 election had been rigged.
Bolsonaro had steadily fostered suspicion against the integrity of Brazil’s voting system for years, even making such false claims on his 2022 campaign trail. After being ousted, his refusal to concede, alongside his previous claims of fraud, left his supporters reeling. Many demanded for months that the military step in and deny letting da Silva take office on Jan. 1st.
While the military did not listen to the demands, they did not completely rule out the possibility of vote rigging either. In spite of the fact that the Defense Ministry found no evidence of fraud during the election, one comment stated that “It is not possible to guarantee that the programs that were executed in the electronic voting machines are free from malicious insertions that alter their intended function.” No evidence has been found to support this conjecture either.
Figure 1: Source: Flickr, Leandro Neumann Ciuffo; Three Powers Square with Os Candangos statue and National Congress building in the background, Brasília, Brazil.
In the wake of growing suspicions and conspiracies, Bolsonaro supporters, known as “Bolsonaristas,” stormed the Three Powers Plaza (named after the three branches of governance located there) in a massive demonstration that soon turned violent.
The facts and events of the U.S. and Brazil riots
The similarities between January 6th, 2021 in the United States and January 8th, 2023 in Brazil are stark. Aside from the dates themselves, both these events signal serious declines in trust in democratic institutions.
In both instances, supporters overpowered police before entering capitol buildings, breaking windows, stealing items, and documenting their own crimes in the offices of elected legislators.
When capitol riots in the U.S. occurred, it was during the ceremonial certification of the election results and interrupted this important step before President Biden’s inauguration. On the other hand, in Brazil, President da Silva had already taken office nearly a week before. When demonstrators arrived, congress was not in session, nor was anyone within the buildings that Sunday.
Figure 3: Source: Flickr, The Pursuit Room; Bolsonaristas riot at the Brazilian capitol against federal police.
This distinction, while slight, is significant to note because, during the time of the riots in Brazil, the actual transition of power had already occurred. In the case of the U.S., the symbolism surrounding the counting of ballots represented a key component of the democratic transition.
Moreover, in the U.S., citizens only targeted the Congress building, while Bolsonaristas also attacked the presidential palace and Supreme Court. This aligns further with claims that Bolsonaro had made during his term about the Supreme Court conspiring against him.
Of most importance, and concern, is how federal police responded initially in Brazil. In the case of the U.S., many sources reported that security forces had been unprepared for such escalations, but in Brazil, channels to “invade Congress” had formed on the apps WhatsApp and Telegram. These channels had gathered tens of thousands of followers. Bolsonaristas had formed groups across the country with the intention of renting buses to the capitol for “violent anti-government action.”
Just as former president Donald Trump had attempted to undermine the legitimacy of the 2020 election result, so too had Bolsonaro engaged in making the same false claims over vote-rigging. Incidentally, Bolsonaro had come to be known as the “Trump of the Tropics” during his time in office. But false claims over vote rigging don’t end with these two heads, former aids, current politicians, and social media play a crucial role in fostering anti-democratic extremism.
Two years after the riots in the U.S., concerns over the legitimacy of Brazil’s election have been a contentious topic among far-right groups in the United States. These groups do not know anything about Brazilian politics, however, social media has connected the two continents to reinforce illegitimate beliefs about the accuracy of democratic processes.
Figure 4: Source: Yahoo Images, Sankt-Petersburg Russia November 11, 2017; Social media apps on a phone.
During the 2020 U.S. election, conspiracies over the voting machines manufactured by Dominion Voting Systems and Smartmatic had been extremely popular in supporting false claims of vote rigging. Now, these conspiracies have re-emerged but in the context of Brazil, circulating online and in far-right media, despite the fact that neither company’s products were used in Brazil. These lies have found their way onto Twitter, Facebook, Reddit, Truth Social, and Gettr (alternative platforms popular on the right).
During the Brazilian riots, Bolsonaristas held a banner that stated “We want the source code” in both Portuguese, the nation’s most spoken language followed by Spanish, and English. This is a direct reference to the conspiracies spread first in the U.S. further emphasized by the languages of choice.
Moreover, dating back to October, Steven Bannon, former Trump aid, has been drawing parallels between the Brazilian election and the U.S. on his podcast. Sites like The Gateway Pundit have published blogs the morning after the first round of elections in Brazil about “MASSIVE fraud” and Matthew Tyrmand, a conservative activist, has repeatedly pushed the idea that Smartmatic machines were used in Brazil to tens of thousand on Twitter and Gettr.
Incidentally, Bannon, who has also been pushing for supporters to run in local elections and become election workers and poll watchers, has developed close ties with Bolsonaro’s family.
According to Madeline Peltz the Director of Rapid Response at Media Matters, a left-leaning non-profit and media watchdog, “There’s a sympathetic audience for it in Brazil, and there’s certainly a sympathetic audience for it in the States. The building of a coalition between those two groups is really a win-win for Steve Bannon and the right-wing movement broadly.”
In Germany over a dozen were arrested in 2021 for planning to overthrow the government, while in Australia, the U.S.-centric conspiracies over machine-based voting fraud (even targeting Dominion again) had to be publicly debunked by the Electoral Commission.
In the end, far-right groups are taking inspiration in each other. Not from a shared set of goals or identities, but from their refusal to accept a candidate’s loss stemming from deep-seated anti-democratic stances. With social media to bridge distances and languages, it has become ever harder for governments to stop false election claims and silence the dangerous rhetoric of election deniers.
Democracy does not always equal or improve human rights. However, the values outlined in normative human rights frames overlap significantly with democratic governance. Democracy provides environments that are more likely to support human rights, as is the case with Articles 8 (right to national tribunals), 9 (arbitrary arrest), 10 (right to a fair trial), and 12 (arbitrary interference) in the Universal Declaration of Human Rights (UDHR) just to name a handful.
In countries with weak rule of law, government institutions, and corruption, there is a 30 to 45% increase in the risk of civil war and a higher risk of extreme criminal violence. Any country can suffer from one or more of these factors which then threatens the personal security of people and their human rights.
According to Freedom House, a non-profit that conducts research on democracy, human rights, and political freedom, the last 16 years have been marked by a democratic decline globally. For example, President Nayib Bukele in El Salvador has undermined democratic institutions designed to check executive power. In Peru, riots for the past five weeks have demanded the government disband the legislature and president in favor of new elections, and in the most extreme case, that the military step in to rule. As the youngest democracy in Latin America (restored in 2001), Peru has long suffered poor living conditions which have made the population steadily view the government as corrupt, ineffective, and unfair. In fact, a 2021 poll from Vanderbilt University found that only 21% of the population was satisfied with democratic rule.
Brazil is a young democracy, previously under a military dictatorship between 1968 and 1985. Considering Bolsonaro’s praise of military rule in office, and the attack on all three democratic institutions, the riots on Jan. 8th signal a larger issue 一 a rejection of the democratic results overall.
While citizens always have the right to self-determination, this does not give anyone the right to inflict harm on someone’s personal security or engage in violent acts. In a democracy, tides are always able to change, switching between ideologies and agendas based on the popular vote of the nation. In the case of Chile, violent demonstrations did prompt a constitutional rewrite, however, once this democratic process began the violence ceased and turned towards peaceful demonstrations.
As President da Silva begins his new term, he will be faced with many challenges to unite Brazil. However, he has already taken major steps in the wake of the riots, arresting hundreds in a single day, beginning an investigation, and removing individuals from security positions.
For us, we must remain committed to the values of human rights, recognizing the inherent dignity of everyone and continually striving for equity and equality. To do this, we must have faith in the governments that ensure us these rights, and in the cases that do not, we must organize peacefully, research and reach out, and live our lives by our belief in human rights.
To learn more and get involved, visit these sites and blogs below:
After decades of systemic and societal discrimination, an array of hope burst through the clouds of despair for transgender individuals. Recently, greater acceptance of transgender individuals in modern culture has opened doors to accessible and evidence-based transgender healthcare. Budding healthcare infrastructure has helped transgender individuals transition and care for their changing bodies providing relief for the marginalized community. Healthcare professionals and teams of scientists worked for decades through societal judgement and the subsequent roadblocks to ensure that the transgender community had an improved chance at a healthy life as non-transgender individuals. However, increasing vitriol exacerbated by politicians has tightened restrictions for gender affirming healthcare across the United States.
Cube beads spelling the word “transgender”; Source: Unsplash
Introduction
In February 2022, Texas Governor Greg Abbott and Attorney General Ken Paxton released a directive stating that gender transition therapies including hormone therapies, puberty blockers, or surgery given to minors can be investigated as child abuse and given criminal penalties. Officials, teachers, parents, nurses, and anyone involved in direct contact with children were required to report suspicions of such therapies, framing the act more as concern for children’s safety and innocence. Anyone found supporting or prescribing such treatment, including parents or healthcare providers, would be subject to child abuse investigations by the Texas Department of Family and Protective Services. The agency was instructed to prioritize cases in which parents who provide their transgender children with gender-affirming care above all other child abuse cases. Strangely, the caseworkers were told to investigate regardless of whether the standard of sufficient evidence was met and to not record their investigation in writing.
Days after the directive was announced, the Texas Department of Protective and Family Services launched an investigation into a federal employee, a mother of a transgender daughter, after she inquired when the directive would be made effective. A federal judge blocked the investigation only 2 days later. In the immediate weeks following the directive‘s release, at least nine families were already facing child abuse investigations for supporting their transgender children in obtaining gender-affirming care. This past spring, the clouds in an otherwise tranquil sky began to blot out blossoming hope as intimidated healthcare providers canceled hormone prescriptions and the few existing transgender youth treatment facilities closed. Families clamored to find alternative sources of hormones and puberty blockers for their children. Some became afraid to claim the transgender label, many moved out of the state, and hundreds more were at home, fighting for their right to exist as their gender identity and as themselves.
Image of protest with posters listing “Transgender Healthcare”
Medical Evidence
In a statement to the Texas Tribune, U.S. Surgeon General stated that this directive interferes with the physician-patient relationship which has no place for religion, beliefs, or politics. Abbott’s directive and Paxton’s following opinion sparked intense backlash from the medical community for blatantly ignoring decades worth of research supporting early transitional care.
When children first learn that they are transgender, they face a physical and mental health disorder known as gender dysphoria. Gender dysphoria is a condition where individuals experience severe dissonance between the gender they identify as and the physical manifestations of their biological gender. Depression, anxiety, and suicidal thoughts often follow this sense of “not self” that plagues many adolescents as they begin to come out to the world with their new name and pronouns. To significantly improve the outcomes of transgender individuals, all major medical organizations including the American Academy of Pediatrics, American College of Physicians, and American Psychiatric Association support gender transition as an effective therapy. Transitioning includes gender-affirming hormonal therapy and puberty blockers. Hormonal therapy begins and allows for a smoother transition into the opposite gender while puberty blockers suppress the body’s natural maturation process to increase the amount of time children and their bodies have to transition into a new gender. In the meantime, individuals receive mental health support and preparation for a successful transition and in unfortunate cases, wait for legislation to increase access to gender affirming treatments.
Overhead view of medications and hormone therapy. Source: Unsplash
The most prevalent medical reason for opposing gender transition is the possibility that a transgender individual will have regrets, because what is done cannot be undone easily. Although it is a valid concern, puberty blockers exist for children and individuals who are uncertain about their gender, because they provide ample time for the individual to choose not to change genders, if that is later realized. In addition, regrets are “extremely rare” and can be attributed to adverse social climates more than personal attitude. Proper mental health support and preparation are also important for a successful gender transition to recognize behavioral changes and tackle the paradoxical shared sentiment that transgender people are no longer welcome in conservative society.
Alabama and Florida Response
Governor Abbott’s attempt to restore conservative values in Texas is not a new phenomenon. Texas has seen several bills criminalizing medical care for transgender children which is reflective of a broader trend across the United States. In the past year alone, 21 states drafted bills to deny transgender medical care. Arkansas passed a bill making it illegal to prescribe puberty blockers and for insurance companies to cover transgender care. Other conservative states, such as Alabama, have taken Abbott’s directive as a green light and are preparing legislation to discourage transgender healthcare and marginalize the LGBTQ+ within their borders. Taking a slightly different approach, Governor DeSantis of Florida introduced what is commonly referred to as the “Don’t Say Gay” Bill (House Bill 1557). Also known as the Florida Parental Rights in Education Act, the bill was signed into law and passed by the Florida Senate in March 2022. This bill would effectively prevent gender identity and sexual orientation education in classroom discussion in Florida. Experts worry that the vague descriptions in the law indicate that it be used it to suppress all actions that remotely fall under the literal definition of sex and gender, leading to a dangerous slippery slope that may open a dark path of minority discrimination.
Black and white image of a protest with the phrase “No Body Is Illegal” centered.
On April 8th 2022, Alabama Governor Kay Ivey signed into law two bills preventing medical professionals from providing gender-affirming care and forcing individuals to use the restroom of their biological gender. In an unprecedented move, the Vulnerable Child Compassion and Protection Act makes arranging gender-affirming treatment including puberty blockers, cross-sex hormones, and surgery for children under 19 a felony with a possible sentence of up to 10 years in prison if convicted. The second bill is culturally similar to Florida’s “Don’t Say Gay” Bill. This bill prohibits teaching or using words related to “sex” and “gender.”
Current Status
A lawsuit filed by families of transgender children weeks after Abbot’s directive was announced resulted in an injunction from federal courts. Abbott vs Doe reached the Supreme Court in May 2022 during which the court ruled that Abbott had no authority to control child welfare officers and direct them to investigate providing transgender healthcare. The country released a sigh of relief, but the fight is not over. Stopping Abbot’s directive seems more akin to a pause on the right’s crusade against the transgender community than a stop.
Recent reports from The Washington Post also suggest that Attorney General Paxton attempted to collect gender marker changes and other transgender identifying information on driver’s licenses from the Texas Department of Public Safety in early 2022. Human Rights Campaign reports that Paxton’s office requested the names and license plates of these individuals later in the inquiry, as well. This news comes as a new shackle for transgender Texans. Some have changed back their gender identity on their licenses to the way it was prior. If not, police or other government officials would know of their transgender identity with the search of their name during traffic stops or unrelated incidents which could lead to dangerous discrimination.
To support the fight for transgender safety in Texas, support politicians and lawmakers who oppose legislation limiting transgender healthcare. Advocate for the reopening of the University of Texas’s youth transgender clinic, the only one of its kind in the southwestern United States, that closed last November. People in Texas and across borders can also donate Lambda Legal and the American Civil Liberties Union (ACLU) which are organizations working to keep the injunction in place on Governor Abbott’s directive after AG Paxton filed an appeal against the federal court decision. They, in conjunction with the Transgender Education Network of Texas and Equality Texas have also assembled the LGBTQIA+ Student Rights Toolkit which is a set of explanations and guidelines to understand Texas’s current plight as well as additional resources such as TX Trans Kids.
Peace in Haiti is akin to a momentary breath of fresh air. Gripped by the terror of political and humanitarian crises since its founding as the world’s first Black republic, Haiti is constantly reeling from one cause of instability to the next.
Source: Yahoo Images
Today’s maelstrom of political inaction, violence, and human rights disasters in Haiti is rooted in a story that reaches back to its colonial past. After liberating itself as a French colony, Haiti was forced to pay reparations for the descendants of their French slave masters and lost “slave” property. Haiti took loans from French and American banks, in turn, providing more economic growth for French Banks. France essentially controlled the main bank of Haiti so much that the country became one of France’s largest financial conglomerates. When Haiti was unable to pay back American loans with interest, then President Woodrow Wilson ordered an invasion of Haiti that lasted 19 years. On top of economic repression, Haiti continuously experiences natural disasters that it is not equipped to recover from. Located in the Caribbean, Haiti experiences earthquakes and hurricanes at alarming frequencies each reintroduces economic, political, and health crises that compound existing tensions.
Coupled with military invasions from the United States and other developed countries for the sake of democratic civility, Haiti’s fate has been taken away from Haitians and toyed with by other powers. Haitian officials were also notoriously corrupt and either capitalized off their role as figureheads for invading powers or stealing from an already poor populace.
How did Haiti arrive here?
On July 21st, 2021, former Haitian President Jovenel Moise was assassinated following a presidential term riddled with election fraud and economic disasters, including increases in gas prices that left the Haitian public seething. In recent decades, Political corruption and mishandling of national resources have depleted Haiti of economic strength, continuing to repress the middle class and poor. In August 2021, a 7.2 magnitude earthquake struck Haiti, killing hundreds of thousands of people, from which Haiti is still trying to recover.
After Moise’s death, his successor, President Ariel Henry, took charge of Haiti’s administration. Still, Haiti has fallen farther down a black hole with worsening crime rates, gang violence, inflation, healthcare crises, and fuel shortages. Backed by the Core Group, a conglomerate of countries including the United States, Canada, France, UN Representatives, and the Organization of American States, Henry has done little to alleviate Haiti’s crises.
In September 2022, Henry eliminated federal fuel subsidies to increase government funding, which caused gas prices to spike immediately. The G9 Family and Allies, a coalition of the most powerful gangs in Haiti, blocked public and government access to Varreux, Haiti’s largest fuel terminal, in retaliation to Henry’s new policy. International travel slowed and goods transportation to outer markets halted leading down a spiral of fear, financial misplacement, and dwindling basic necessities such as food, healthcare, hygiene, and safety.
Political Instability
Source: Yahoo Images
The oil terminal, Varreux, holds almost 70% of Haiti’s fuel reserves; without it, every industry has taken a hit from this disruption. Local businesses, homes, hospitals, and schools shut down with no energy to serve the people. Many hospitals have already closed, and others are temporarily running on generators. Due to rising global inflation, the cost of flour, wheat, oil, shortening, and many other resources that the country imports on a deficit rose. To make matters worse, the G9 has also blocked Haiti’s ports, slowing the shipments of emergency fuel. Because of this, most Haitians cannot pay the difference inflation has burdened them with, and the government is also not in a position to help.
Gangs, either a part of G9 or not, control the streets of Port-au-Prince, Haiti’s economic hub and a major transportation route for resources and goods going in and out of the country. Violence blazes through every street of the capital city and beyond, so much so that businesses have shuttered, and people refuse to go out into the streets for fear of dying, being kidnapped, and becoming a victim of a massacre. Ultimately, food can’t be made and people can’t venture out to get food, leaving families starving. The U.N. has stated that Haiti is facing an acute hunger catastrophe, the worst the country has seen in decades, with over 4.7 million adults and children without adequate nutritional resources. Since gangs also control transport on the roadways, water tankers and other necessary resources are not reaching the communities where people have been desperately waiting, leading to water shortages.
Another emerging problem within Haiti is the current deadly cholera outbreak, an infectious disease carried by water-borne parasites that causes uncontrollable diarrhea and dehydration to the point of death, if left untreated. The depth of this crisis is exacerbated as Haiti was declared cholera-free after successfully controlling the disease for three years. But because access to clean water, hygiene, and healthcare is limited in the current civil unrest, the Haiti Ministry of Public Health and Population has reported 1,193 confirmed cases, 13,672 suspected cases, and 288 confirmed deaths. The most vulnerable are children 1 to 4 years of age. The first case was recorded in Cite Soleil, a coastal town overrun with gangs since Moise’s assassination last year, highlighting the impact of this untimely death on the health of those in Haiti.
Sexual Violence
In wartime, rape and sexual assault are employed by invading or territorial forces as tools for fear, power, and subjugation. Haitian gangs have perpetrated widespread rape and assault against all ages of women, children, and, less commonly, men. The United Nations Integrated Office in Haiti (BINUH) released a joint report detailing the above by conducting and analyzing over 90 interviews with incident victims and witnesses over the past two years to uncover information on the pervasiveness of collective rapes and public humiliation. Although this report is not exclusive to post-G9 control, the amount of sexual violence is unimaginable now.
Women and girls are afraid to cross the “frontlines,” the name ascribed to territories controlled by gangs, for necessities, because sex is viewed as a form of currency, voluntary or not. Families may encourage this form of “transactional behavior” to gain food, water, and other resources as their power lies in weapons, political power, geographical power, and fear. Another UN report describes women used as handles for high-ranking men in gangs. Victims can be raped and assaulted for hours in front of family or friends, and mutilation and executions are common afterward.
International Response
Over the past couple of weeks, United Nations Security Council members deliberated to formalize an action plan to weaken the gangs’ control of Haiti effectively. As a result, the Security Council adopted a targeted arms embargo, freezing assets and putting individuals, or those supporting the gangs in Haiti, on travel bans. These people include the leader of G9, Jean “Barbeque” Chezier, the perpetrator of much of the violence and humanitarian crisis that Haiti is experiencing.
Security Council member states cannot permit travel or weapons sales to these individuals within Haiti’s borders. As another aspect of the adopted plan, military equipment shipments have already been dispatched to Haiti’s police force to help quell unrest. Canada is confirmed to send in armored vehicles to the Haitian authorities in addition to officials to conduct a “needs assessment” of Haiti. The United States has imposed sanctions on Haiti for drug trafficking and gang violence; though tactically sound, the move further cripples Haiti by hacking off an economic power source.
Some Haitians remain uncomfortable with foreign intervention. Past interferences from the international community have shaped Haiti’s present, overcome with lawlessness and despair. Yet, despite the history, the West and some Haitians still believe their interference may be Haiti’s best bet. There is no objection that Haiti must be helped; its recent designation as an aid state, a nation at the mercy of foreign aid, further exacerbates the conditions of Haitian citizens. The question that the world and Haitians are pondering is: how can the world help without causing a chain reaction to an even worse fate than the present?
If you would like to learn more about Haiti’s history, here are some resources that provide great insight into aid services and current events: https://www.mic.com/impact/how-to-best-help-haiti-according-to-haitians-82850703. They include Hope for Haiti, Team Rubicon, the World Health Organization, and Haiti’s Emergency Relief Fund.
“An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.” Dr. Martin Luther King, Jr
Source: Yahoo Images
On this day, January 16, 2023, we remember a man known as the champion of human rights, Civil Rights Leader, Dr. Martin Luther King, Jr., who would have been 94 years old had he lived. As the leader of the Civil Rights Movement, Dr. King dedicated his life to advocating against racial discrimination and injustice. Through multiple death threats, the bombings of his family home, enduring physical attacks and being stabbed, until his assassination on April 4, 1968; Dr. King remained committed to the principle of non-violence. He was only 39 years old when he was killed.
Dr. King believed in the universality of human rights for all and acknowledged that, “Injustice anywhere is a threat to justice everywhere.” What better way to begin a blog about “Human Rights Day” and the “Universal Declaration of Human Rights”, than on the day we commemorate the birth of a man who used his voice, and ultimately risked his life in pursuit of equal rights for all of humanity,
Source: United Nations
Seventy-five years ago, the United Nations adopted the Universal Declaration of Human Rights on December 10, 1948, at a General Assembly meeting in Paris. The UDHR was created to formalize a global standard for human rights across the world. Annually, on December 10th, a day which commemorates the passing of the UDHR, the UN acknowledges this day as Human Rights Day.
What is the Universal Declaration of Human Rights?
In less than half a century, the Universal Declaration of Human Rights (UDHR) has come to be regarded as possibly the single most important document created in the twentieth century and as the accepted world standard for human rights. Referred to as a milestone document in the history of human rights, the UDHR is a collaborative effort of experts from the legal and cultural fields from around the world. The goal was to create a document which rights would be acknowledged globally and would serve as protection for all people living within any nation across the world.
Timeline for the Universal Declaration of Human Rights
On April 25, 1945, on the heels of World War II, representatives from fifty nations met to “organize the United Nations” in San Francisco, California. On June 26, the representatives adopted the United Nations Charter, Article 68. The purpose of this article was for the General Assembly to “set up commissions in economic and social fields and for the promotion of human rights.”
In December 1945, Former First Lady Eleanor Roosevelt was appointed by then President Harry S. Truman to the United States delegation to the United Nations. UN Secretary-General Trygve Lie, appointed Roosevelt to the commission and with the task of creating the formal Human Rights Commission (HRC).
In February 1946, a “nuclear” commission on human rights was created by the United Nations Economic and Social Council (ECOSOC) and its job was to recommend a “structure and mission for the permanent Human Rights Commission (HRC)”.
In April 1946, Roosevelt was nominated to be the chair of the HRC. The ECOSOC gave the HRC three tasks to complete: “a draft International Declaration, a draft covenant, and provisions for the implementation.”
On December 10, 1948, after convening with “representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris (General Assembly resolution 217 A).
One might think, we have come far in our efforts to afford equitable attainment of human rights to all people across the world. While we, collectively have made strides, we still have a long way to go to free the world of human rights violations. According to the Institute for Human Rights and Business, listed below are the top 10 human rights issues in 2022.
Redesigning supply chain
Personal Data Tracking & Tracing
Stranded at Sea
Wage Abuse
Office and Work Place
Forced Labor
Climate Change
Racial Matters
Standards Fragmentation
Transition Finance
These issues are reflective of the ongoing and unprecedented impact of COVID-19.
How to Participate in Human Rights Day on December 10th and beyond
Your college experience is full of opportunities to grow and learn, academically, socially and even politically. You will meet people from varying backgrounds and having lived experiences which may be foreign, pun intended, to you. So on Human Rights Day, what can you do to support the initiative? Well, the college interns at the United Nations Association, came up with 10 Ways to support Human Rights Day. Hopefully, you will be inspired to do one.
1. Pass a student government resolution: Work with a member of your student government or student council to pass a resolution in honor of Human Rights Day.
2. Write an op-ed or article in your school’s newspaper: School newspapers can be a great place to talk about the importance of human rights around the world.
3. Stage a public reading: Set up a microphone in your student center or, if the weather’s right, outside and read the Universal Declaration of Human Rights in full.
4. Set up a free expression wall: Set up a blank wall or giant piece of paper and encourage your friends to write about what human rights mean to them.
5. Make a viral video about human rights day: Film your UNA chapter kicking it Gangnam style to celebrate human rights and put the video online: it’ll go viral in a matter of minutes.
6. Start a Facebook campaign: Encourage your friends to change their profile pictures to an individualized Human Rights Day banner.
7. Hand out t-shirts and other gear: If you have the funds, buy t-shirts, sunglasses, or even 90’s-style sweatbands featuring a slogan about human rights to give to your classmates.
8. Coordinate an extra-credit lecture: Work with professors in the history department, the law school, or the international relations program to host a lecture about human rights, and work with other professors in the department to get attendees extra credit—trust us, your friends will thank you.
9. Hold a candlelight vigil or other commemorative event: While it’s important to have fun, human rights are serious business. Consider holding a vigil or other event to commemorate those who have suffered human rights abuses and those whose human rights are still violated.
10. Hold a talent show, dance, or party: Big social events are a great way to bring awareness to an issue, so why not have a human rights-themed party? Free admission if you dress up like Eleanor Roosevelt or Ban Ki-Moon. Also, here are two organizations you can support: Free and Equal and He for She.
Former President of South Africa, Nelson Mandela once said that, “To deny people their human rights is to deny their very humanity.” For the past 75 years, the UDHR has existed to ensure that our human rights are not violated, and if they are that there is accountability on a global stage. We all deserve the right to live freely and uninhibited, the freedom to love who we want and practice the religion of our choice. We must work together as a humanity to ensure that protecting our human rights continues to be a priority.
Let us work together to transform his dream into reality. Beyond this nation of the United States, let us work collectively to ensure equal and equitable rights for ALL women, men, and gender nonbinary humans. Protecting human rights was a priority for Dr. King. On November 3, 1967, just a few miles away from this campus of UAB, Dr, King wrote his infamous ‘Letter from a Birmingham Jail” to the Clergymen.
Martin Luther King Jr. in Jefferson County Jail, Birmingham, Alabama, November 3, 1967 Fair use image“While confined here in the Birmingham jail, I came across your recent statement calling my present activities “unwise and untimely… I am in Birmingham because injustice is here… Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”
Dr. King reminds us that “The time is always right to do what is right” and that we as a humanity must ensure that the single garment of destiny is threaded with equal rights for all humans for this is the only true way forward. In the spirit of Dr. King, we must work to ensure that the rights of ALL humans are acknowledged, respected and protected by law, and not just on Human Rights Day, but every day, and everywhere across the globe.
My mother is the youngest of 5 Indian daughters, all of whom are PhDs, professors, researchers, and educators. My grandfather, a lawyer, raised her, and like clockwork, he repeated that knowledge is akin to clay, a necessary foundation for anyone’s house of decisions, thoughts, ideologies, and actions. Because of this, nothing was more important than my education and, later, my brother’s education.
The right to knowledge that my upbringing revolved around is synonymous with the right to choose, the freedom of expression, and the right to read – all rights outlined directly or indirectly in the United States Constitution and subsequent Supreme Court decisions justified by the First Amendment.
Despite the First Amendment’s protection, book bans in schools are threatening this right to knowledge for students. Within the last 2 years, books of all literary and historical acclaim, including modern literature, have been banned at an unprecedented rate in an alarmingly organized manner in public school districts.
When people lose their right to this knowledge and succumb to political pressure, it will be a day in history representing humanity losing its most powerful tool to stand up for justice.
Woman looking through book spines in a bookstore. Source: Unsplash
Like all examples of institutional limitations, the most influential books, which have the potential to cause revolutions, are also the most restricted. Uncle Tom’s Cabin by Harriet Beecher Stowe was banned in the Southern United States in 1852 and is traced back as the first example of a book ban. Stowe, a ferocious abolitionist in the North, wrote this book prior to the Civil War to rally abolitionists and swing individuals against the South’s slavery. Since the Constitution was written, Northerners decried the South’s defense of slavery. Uncle Tom’s Cabin was a powerful tool that amplified the voices of abolitionists across the country; they believed that slavery was a legal injustice in the Constitution that needed to be removed. Plantation owners, however, were able to pull strings and remove the book from circulation in the South, fearing the loss of economic and racial security that slavery gave them.
A hand fisted upward with a rope wrapped around the wrist. This is a symbol of Juneteenth, the national celebration of the emancipation of slavery. Source: Unsplash
One of the first instances of controlling students’ access to books was after the Civil War. The Southern United States restricted access to textbooks that painted the South’s intentions and actions poorly amid the Civil War. An advocacy group in the South referred to as The United Daughters of the Confederacy felt that the control of what information their children were learning during school was beholden to the rights of parents. In 1954, they removed The Rabbits’ Wedding, a novel centered around a black rabbit marrying a white rabbit. They feared it would normalize interracial marriages, a taboo act at the time.
In direct opposition to school censorship, the Supreme Court ruled that school boards “cannot remove books from school libraries just because they dislike the ideas contained in those books” in the landmark 1982 Island Trees Union Free School District v. Pico case. The Island Trees Union Free School district removed titles it deemed “anti-American, anti-Christian, anti-Semitic, and just plain filthy.” In conjunction, the Supreme Court also ruled that students retained their First Amendment rights to the freedom of speech and expression in school in the Tinker v. Des Moines case. If we follow the court, censorship is illegal in the U.S.
Young students listening to a teacher or speaker in their school classroom. Source: Unsplash
Over 1600 books have been banned nationwide. Most of them are fiction and illustrate the lives of the LGBTQ+ community and people of color. In the past, book bans originated from a small scattering of parents making personal requests to remove a few books from circulation or restrict their children from reading them. Today, the opposition is still a minority, but they are organized with structured advocacy groups taking center stage at school board meetings demanding specific books to be removed from circulation. Some of the most banned books, like The Hate U Give by Angie Thomas, is a novel centered around a black teen who witnesses her black friend get shot by a white police officer. Another is The Absolutely True Diary of a Part-Time Indian by Sherman Alexie, which discusses the life of a Native-American teenager aspiring to be a cartoonist in an all-white school. Essentially, the most targeted books discuss life outside the white picket fence of middle-class white suburbia.
A collection of books that have been banned or proposed to be banned on a wooden shelf. Source: Flickr
What do supporters of book bans hope to achieve?
Ellen Hopkins, the author of the Young Adult poetry verse book Crank, is one of the most banned authors in the United States. She feels that parental rights and concern for children’s safety are a smokescreen behind anti-book advocacy groups’ motivation. Hopkins implores that books provide kids with the opportunity to solace in information about their identity and find consolation that they are not alone. They also prepare children for life in the real world by exposing them to situations they might otherwise encounter. Thus, books are a tool for the development of holistic decision-making skills. Removing these opportunities leaves kids with little chance to make better decisions when confronted with situations they are not familiar with. If the child is BIPOC or queer, removing books that have become championed narratives from the respective community isolates them and invalidates their experiences.
Parents often find these books on lists circulating online and present them to their children’s school districts claiming there is offensive or inappropriate content that compromises their children’s innocence. PEN America has found that parents who appear at the board of education meetings en masse and are armed with arbitrary lists of books have rarely even read the books to understand their significance. Descriptions of “obscenity” are affixed to titles as a fearmongering tactic to cultivate reprobatory characterizations of these books as they quickly make their way through advocacy groups’ websites and Facebook to radicalize those that come in contact with these types of posts. Such inflammatory language, which is not considered legally acceptable, elevates a small minority of individuals into a vocal majority to force school boards to comply.
A group of adults in a meeting with notebooks listening and taking notes on the speaker. Source: Unsplash
Solutions to Book Bans
Banned Books Week stands as a beacon of hope against the dark wave of censorship. This week celebrates suppressed voices in literature and amplifies authors’ messages through community outreach, and fosters national collaborations. However, progress is made in consistent steps, not leaps.
On a smaller scale, there are many tools you can use in your community to combat literary censorship. Community members, feed off each other’s ideologies, and to mellow the extreme views of this vocal minority, the first step is to provide outlets for conversation. The vocal minority advocating for book bans can be confronted and overcome when faced with the majority opposed to them or their thinking. You can make your presence felt at school board meetings. Show up and voice your opinion and advocate for others to do so over social media. Vote for your local boards of education, library boards, and city council elections. If you want to, run for these board positions yourself or directly appeal or lobby your legislative representatives and defend the importance of all content in books. Unite Against Book Bans also provides communities with toolkits that include essential questions and moderate answers that consider the argument of parental rights while protecting the First Amendment.
In all, I am grateful for the circumspection that my mother and my family’s push for education provided me with. Not only hard skills, but also the ability to think for myself, to derive my own opinions, and to be mindful of how I act and react to new information. My freedom to read and speak gave me a powerful voice that must be available and fostered in everyone.
An image of a tightly packed women’s prison. Source: Soumya Misra (Nursing CLIO) via Yahoo Images Public Domain
This is a continuation of the conversation about the Alabama Prison Crisis as exposed by Mary Scott Hodgin in her podcast, “Deliberate Indifference.” If you have not read the previous blog post on this topic, “The Ongoing Alabama Prison Crisis: A History”, it is recommended that you do so. Also, if you would like more information and details regarding this topic, please listen to the podcast, “Deliberate Indifference,” by Mary Scott Hodgin. Now, without further ado, let us jump right in from where we left off.
In the previous blog, we focused on the history of prison systems in America, and particularly, some of the legislations and ideologies that laid out the foundation for the correctional institutions we know today. We explored in detail the convict leasing system that helped rebuild the infrastructure of the Antebellum South following their defeat in the Civil War, and the racialized laws and legislations that disproportionately landed Black and Brown people in prison over their White counterparts. The War on Drugs era followed by the Tough on Crime era landed hundreds of nonviolent offenders in prison, serving longer and harsher sentences and life without parole. While our focus in the last blog was more nationwide, it was necessary context to set the stage to better understand the realities that face the Alabama prison systems focused on in this blog.
The objective now is to look deeper into the conditions of the penal system in Alabama, the lawsuits they faced in 2017, and the most recent one in 2020, how the pandemic exacerbated these conditions, the prison strikes that took place within these prisons, and some ways to move forward to bring about actual change – change in the mindset of our fellow Alabama voters, and a shift in the way the prison population is viewed and treated as a whole. We will look at some groups that are trying to do just that, from organizations like Alabama Appleseed and the Offender Alumni Association to religious groups and other educational groups that sponsor programs within the prison system to provide opportunities for higher education to the imprisoned population.
Prison Conditions
An image depicting a dormitory-style housing unit. Many of Alabama’s prisons are structured this way. Source: Yahoo Images via ACLU
While exploring the most recent reports that resulted from the federal investigations of Alabama’s prisons, there were many similarities in the reports. While the problems of understaffing and overcrowding were expressed in detail, (which will be discussed below), there was also extensive observation of the living conditions inside the prisons. What the investigations revealed was shocking, and despite having been advised to address these issues even in the 1970s investigation of Alabama’s prisons, the conditions had not improved. Rather, it had deteriorated even more due to the consequences of staffing and crowding issues.
Both reports extensively provide detailed examples of violent outbreaks within the prisons, between prisoners, and even at the hands of prison staff targeting the prisoners. Many such incidents go unreported, and others have even ended in the death of the imprisoned person. One of the things that contribute to this violence is the structure of the prison itself. Many of Alabama’s prisons are fashioned in a dormitory-style of housing units instead of the individual cell units depicted in popular culture. These housing units are essentially enormous halls that are secured on the perimeters, with bunk beds piled into the room as close as they can fit. With little to no privacy, and jampacked in tight spaces, people can get easily agitated, and this can lead to violence. Due to the overcrowding issue, many people are even expected to sleep on the floors, which can be unsanitary and uncomfortable. Due to the continuous staffing issues these prisons face, these large units may go unguarded for long periods of time, sometimes even entire shifts.
This puts both the inmates within the units at risk for violence, and the prison staff who, to the incarcerated individuals, represent the authority from which these conditions are sanctioned. Even still, many officers, due to the understaffing issue, have overlooked contraband possession (such as drugs or cell phones), deciding to pick and choose their battles in an already tense environment. As a result of all these issues, corruption is rampant within the prison walls, and many prison staff, according to narratives from both reports, take advantage of this tense environment to assert dominance over prisoners with increased brutality. People who are incarcerated are not viewed by society as individuals with their own pasts and presents. They are only viewed as “criminals,” remain invisible to society and are dehumanized. Regardless of the crimes that a person commits, they are at the end of the day, still, people, who deserve dignity and basic human decency. As an institution of the state, prisons are legally responsible for providing a safe and secure environment for people who are incarcerated to serve out their sentences as punishment. The American Constitution does not support “cruel and unusual punishments”, and under the Universal Declaration of Human Rights (UDHR), the rights of imprisoned individuals are fully supported.
An infographic that lists the universal rights protected under the Universal Declaration of Human Rights (UDHR). Source: Irish Times via Yahoo Images Public Domain
2017 Federal Investigation
In the previous blog, we focused on how the prison system of Alabama has been under federal investigation nearly 50 years ago in the 1970s. Unfortunately, the conditions outlined in those reports were never fully addressed, and the issues that were highlighted have only been exacerbated over the years. In September 2017, the Department of Justice from the federal government toured one of Alabama’s prisons, Bibb County Correctional Facility, for their official investigation of prison conditions in the Alabama penal system. What they uncovered was outlined later in a report published in 2019, stating over 50 pages worth of evidence against Alabama, and the minimal expectations the federal government laid out for Alabama to achieve, both short-term and long-term.
The report is prefaced by the fact that these concerns were underlined within a week of their investigation. According to the report from the observations made in 2017, the Alabama correctional facilities faced a myriad of issues, including an overcrowded prison population, with dangerously low staffing, issues of contraband entering the prisons, and a host of observations pertaining to violence within the prisons, including physical, mental, and sexual violence. As discussed in the previous blog, these overcrowding issues come from the various legislations that were passed, increasing the lengths of sentences, criminalizing drug abuse and mental health issues (instead of treating them as medical issues requiring rehabilitation and treatment), and incorporating mandatory sentencing minimums and three-strikes laws. Along with identifying the concerns stated above, the report also deemed the penal system’s inadequate protection of its inmate population from harm, violence, and death, a failure. The report discussed at length how, along with unsanitary living conditions, there are dangerous weapons and drugs that are circulating within the prisons, making them unsafe for both the incarcerated people, as well as the officers who work there. This in turn is both caused by and exacerbated by the issues of overcrowding and understaffing within the prison walls. With fewer officers to supervise the dormitory-style prisons in Alabama, incarcerated people are packed together to fend for themselves.
While not all people locked up in prison are violent offenders, studies have shown that desperation, (which is rampant in these prisons), can lead to violence, distrust, and increased criminal behavior within the population. While the study referenced focused on populations outside of prisons, it is safe to assume that these results are only amplified within the prison system. The people within are both desperate and already undergoing punishment, which means that even the threat of punishment is not a deterrence from committing these violent acts. This also means that with fewer officers to supervise the dorms and halls of the prison, the overall violence within the prisons is increased, making it dangerous for the entire prison population.
As explained in both the report by the federal investigation, as well as the podcast by Mary Scott Hodgin, there were at least 11 men that died in 2019 alone due to the increase in violence within the Alabama prisons. To make matters worse, the federal investigation also found that the Alabama prison system’s record-keeping on these incidents and others was inaccurate, finding that there were many incidents that went unreported, and even many deaths misclassified as due to natural causes or medical reasons rather than due to the violence found within the prisons. If you count the total number of deaths within the inmate population in 2019 classified as natural causes or otherwise, the number is as high as 119 deaths.
An infographic providing statistics on mental health in the prison system. Source: Cabrini University via Yahoo Images Public Domain
In addition to the misclassifications and incidents not being reported, Hodgin also details in her podcast the inadequate mental health care offered to incarcerated individuals within Alabama’s prisons. This can lead to an escalation of violence, and abuse of drugs, and place incarcerated individuals dealing with mental health issues in dangerous situations. Without the proper medical attention required to treat these individuals with mental health illnesses, prisons can become a charged environment that can exacerbate their conditions, making them more vulnerable to both becoming victims of violence, as well as the perpetrators of the violent acts. Unfortunately, because people with mental health issues are four times more likely to be imprisoned instead of receiving treatment and care, many individuals in prison already enter the system without knowing how to follow social norms. This can put them in danger of being abused by officers and other imprisoned individuals alike, and without proper care, their conditions can become worse, and at times, can end in death, either at their own hands or at the hands of another.
Another major topic of concern addressed in the report is that sexual abuse and sexual violence. Sexual violence is rampant in Alabama’s prisons, and this issue is exacerbated by the understaffing issue present within these facilities. With fewer officers staffed to care for increasing numbers of imprisoned people, there is less monitoring and supervision taking place, creating a breeding ground for violence, both sexual and physical. Much of the sexual abuse either go unnoticed, or unreported by staff members, and while the victims can report these incidents too, many choose not to for fear of retaliation or feelings of shame. Their fear is not unsubstantiated, as many accounts have been provided in which sexual assaults took place in retaliation to the victim’s reporting of a previous sexual assault. In addition to the low staffing numbers, many of the facilities in Alabama are constructed in a dormitory style, meaning that imprisoned individuals are grouped into a big hall rather than individual cells. This can be challenging for clear visibility of each individual inside the prison and their whereabouts. At times, only one or two officers may be in charge of the entire unit, and sometimes, the incarcerated people go unsupervised.
Many incidents of sexual assault occur as a result of “drug debt”, where an incarcerated person owes another incarcerated person money for drugs or other contraband and does not pay. There have even been incidents where family members of people who are incarcerated have been extorted for money, with the threat of sexual violence against their imprisoned family member. Many victims of sexual abuse within the prisons also alleged that these instances occurred after the victims themselves were drugged or held at knifepoint. While much of this goes unnoticed by the prison staff, some reports that do manage to document these incidents have even labeled sexual assault as “homosexual acts” rather than nonconsensual sexual abuse. People who are incarcerated that belong to the LGBTQI+ community are even more vulnerable to sexual violence simply for their identity. Unfortunately, many of the officers in charge of ensuring that the prisons comply with the Prison Rape Elimination Act (PREA), are not even aware of who among their incarcerated population belongs to the LGBTQI+ community. The PREA flags the LGBTQI+ population as being most at risk for sexual crimes, and the PREA managers in the Alabama Department of Corrections are not fully complying with the standards set by the legislation.
After identifying and explaining the various issues the Department of Justice found within Alabama’s prison system, the report argued that these conditions violate the constitutional rights of the incarcerated people, and as such, provided some bare-minimum measures that Alabama should take immediately to avoid a federal takeover of the prisons. These remedies included addressing the issues of overcrowding and understaffing, the rampant violence (both physical and sexual), the access to contraband, and the living conditions within the facilities. In addition to these short-term measures, the report also suggested some long-term measures to implement, including – among a list of other things – better incentives to improve staffing issues, improved systems to track, record, and address issues of violence, and more regulation over prison conditions and treatment of the imprisoned population. Alabama closed down one prison after this report (Draper Correctional Center) and closed a particularly harmful “behavioral modification unit” or “hot bays”, (where incarcerated individuals are held as punishment for violence and drugs within the prison) at Bibb Correctional facility. While these closures were a good place to start, they should be in no way, the only solutions to the long list of problems outlined by the report following the federal investigation. Unfortunately, Alabama, as expressed in the report itself, has been “deliberately indifferent” to these situations, and as a result, experienced yet another investigation in 2020.
2020 Federal Investigation
An image of an overcrowded cell colored in red symbolizes prison violence. Source: ProPublica via Yahoo Images Public Domain
The 2020 report from the Department of Justice’s investigation into Alabama’s prisons found similar problems echoed in the 2017 investigation they conducted. As mentioned in the 2017 report, the 2020 report also addressed issues of overcrowding of prisoners, stating that all of Alabama’s 13 prisons held thousands of people over the capacity they were designed for, making Alabama’s prisons among the most overcrowded prisons in the nation. This report also referred to the dangers of not having adequate staff members to care for and run these overcrowded facilities, this time focusing on how these staffing and overcrowding issues have led to an increase in officers using excessive force against the incarcerated individuals, further aggravating the violence that exists within the prison walls. This issue of excessive force is further examined in the report, claiming it is a violation of the Eighth Amendment to the Constitution of the United States which outlaws cruel and unusual punishments against imprisoned people.
The 2020 report details the many reasons why officers use excessive force against people who are imprisoned. Unfortunately, many officers have been known to use violence and excessive force to “handle” a situation, even in times when there is no physical threat to the officer, and even when the incarcerated people are complying with the given orders. This has the tendency to escalate the situation, placing both the incarcerated individual and the officers in danger’s way. The report provides various examples of such incidents where the imprisoned people are reported to be complacent with the officers’ instructions, even handcuffed without ways to fight back, but have still been beaten, tortured, and abused inhumanely. These officers filed false incident reports claiming that they did not engage in such actions, and even after investigations of the incidents, the officers did not face any legal consequences or disciplinary actions for their behavior.
At times, excessive force is used by officers as a form of punishment or retribution for disrespecting the officers or reporting them. The 2020 report describes multiple incidents where excessive force was used against incarcerated people simply for not following the specific directions laid out by the officers. One incident includes an imprisoned person being physically abused and forced to eat all the leftover chicken for simply wanting some extra food. Other incidents outline the use of chemical sprays to punish incarcerated people or as a form of retribution for not following verbal orders. Chemicals sprays are used even in times when the imprisoned people do not pose any physical threats to the officers. Finally, many officers also use force to simply assert dominance and inflict pain on their charges, something that not only endangers the people involved (both officer and incarcerated individuals) but also causes the incarcerated individuals to distrust the officers in charge, escalating the tensions between the two groups.
All these incidents are violations of the eighth amendment, and while many of the investigations that these incidents resulted in agreed that there was no justification for the use of excessive force in any of these outlined incidents, the officers faced little to no disciplinary actions for their conduct. The Department of Justice also included this issue in their report, arguing that unsurprisingly, officers either fail to report or inaccurately report incidents where excessive force is used. Many times, excessive use of force is investigated internally and recommended for an I & I investigation (Investigations and Intelligence unit of the Alabama Department of Corrections in charge of investigating misconduct by prison staff). Unfortunately, the report declares that of all the incidents recommended to the I&I unit, only 40% of them are actually reviewed. To make matters worse, many of the cases that are investigated by the I&I unit, where excessive force has been confirmed, are seldom referred to be criminally prosecuted. This means that many of the officers abusing their authority and misbehaving with incarcerated individuals go unpunished for their conduct. Many more of the incidents where excessive force is used go unreported, with only the victim’s bruises to bear witness to the incident. For fear of retaliation, many imprisoned persons go without reporting the abuse they face at the hands of officers. If the victim does not cooperate in the investigation, the incident is deemed “unsubstantiated”, and the investigation is closed.
Following their investigation, the federal government proposed a list of measures that Alabama’s Department of Corrections needs to take in order to fully comply with federal regulations for correctional institutions. These immediate measures included the need for more I&I investigators, a better system for victims of abuse from officers using excessive force to report their incidents anonymously and independent of the prison’s authorities, clear procedures for accountability for officers, and better documentation and investigations of incidents where excessive force is used.
COVID-19 and Its Impact on the Prison Population
A cartoon depicting a prisoner digging with a shovel, with a caption underneath reading: “I’m not escaping. I’m just trying to get tested for Covid-19.” While this image was referencing the protocols followed by Mississippi prisons, this was essentially the same in Alabama’s prisons as well. Source: Mississippi Today via Yahoo Images Public Domain
In addition to these inhumane conditions the imprisoned population experience that violate the basic human rights of incarcerated people, the outbreak of Covid-19 greatly amplified this issue, and soon, the prisons became a contagious and deadly environment for both the prison staff and their charges. With little to no access to adequate healthcare and deteriorating mental health caused by the conditions of their environment, people who are incarcerated are especially vulnerable to disease outbreaks. On the national level, according to a study conducted in 2020 by the American Medical Association, people incarcerated were five times more likely than people living outside the prison system to be infected by the virus, and the death rates among prison populations were higher than the national average at the time. Making matters worse, due to conditions of overcrowding inside the prisons, the outbreak was especially dangerous, as incarcerated people were unable to adequately quarantine and unable to maintain safe social distance between each other. There was also the probability of prison staff bringing the virus into the prisons from the outside world, and also recirculating the contagion within the prisons back into the larger society. A UAB publication by the School of Public Health declared the prisons a “petri dish for COVID-19”.
To add to this problem, the prisons were notoriously unsanitary, meaning that preventative measures such as maintaining clean spaces and washing hands with anti-bacterial soaps, were impossible to maintain. Furthermore, understaffing issues complicated this situation, as those who were infected were either neglected until conditions were too bad to ignore, or they were provided with inadequate healthcare measures. In Alabama, a unique situation further complicated the negative consequences of the pandemic. A large portion of Alabama’s prison population belongs to the older age groups due to the strict and long sentencing laws of the state, and the fact that the pandemic was considered to be even more dangerous for elderly people further put people incarcerated within Alabama’s prisons in jeopardy. Access to healthcare within the prison system makes this issue life-threatening, and despite the urgency from the American Medical Association to include the prison population in the vulnerable communities list for vaccinations, the Equal Justice Initiative reported that Alabama’s prisons denied its incarcerated people vaccinations. While some prison staff received vaccines, they were not required by the state to be vaccinated to work in the prisons, continuing to place the lives of incarcerated individuals in peril. As a result of inadequate protective gear (such as masks), and negligent behavior on part of the state and the prison staff, the prisons in Alabama encountered a large number of Covid-19 deaths.
Alabama Prison Strikes
A group of people protesting prison conditions and calling for the protection of the rights of incarcerated people. Source: Occupy Oakland via Yahoo Images Public Domain
After living through the grave conditions of the pandemic, and witnessing the unchanging environment within the prisons, the incarcerated individuals decided it was time to take matters into their own hands. In September of 2022, incarcerated people from all of the 13 prisons in Alabama began striking against the prison conditions they endured. They argued that the prison system was violating their basic human rights, provided inadequate healthcare, and did not in any way prove to be a place of rehabilitation for the imprisoned population. Instead, they initiated a strike, refusing to work their prison jobs (such as in the laundry department and the maintenance department) that they did not receive compensation for, called for improvements in prison conditions, and demanded reforms to the harsh sentencing laws currently in effect in the state of Alabama.
While imprisoned persons are demanding to be treated fairly in prison, the governor of Alabama, Kay Ivey, insisted that the demands of the prison population were “just unreasonable,” maintaining that the new construction of the two mega prisons in Alabama would solve all these issues of understaffing and overcrowding. These mega prisons, built with the use of funds designated to the state for pandemic relief, (causing public debate on this controversial subject), are supposed to provide more space for the overcrowded prisons in Alabama, and reports have surfaced about the possibility of hiring more officers for the newer mega prisons. This project will receive a total of over $1.2 billion in funding, of which $400 million comes from the pandemic relief funds.
What is vital to include here is that while these two new prisons will provide more space to house incarcerated individuals, (up to 4,000 in each), these prisons are replacing existing prisons with newer technologies and facilities. While this may seem like an improvement in some prison conditions, (such as more security and cleaner, sanitary units), it does not solve issues of overcrowding or staffing issues. The massive budget awarded to this project, instead of going toward building two mega prisons, could have been used more wisely to address the core issues of society that increase crime and criminality within its community. In addition, certain legislation and reforms could have been passed to overturn the harsh sentencing laws that exist in Alabama today. This would have solved both the issues of overcrowding and understaffing, as with fewer people being incarcerated and more people qualifying for parole, the total amount of people within the system would decrease, which would also lead to a decrease in the number of incarcerated people the prison staff is responsible for. A decrease in the prison population would also lead to a decrease in violence and more space for each individual within the prison walls.
Existing Resources
An infographic depicting the difference between education and incarceration. Source: Yahoo Images via QEDfoundation.org
There are many organizations that have attempted to address both the various issues that incarcerated people face within the prison system and those face as they re-enter society after completing their sentences. These organizations include Alabama Appleseed, Offender Alumni Association, Shepherds Fold, One Roof, and Aid to Inmate Mothers. Alabama Appleseed, which belongs to the national Appleseed Network, is a Center for Law and Justice that focuses on equity and justice, and research around prison reforms in Alabama’s penal system. The Offender Alumni Association, recognizing the importance of human connection, focuses on providing support and engagement within the prison walls, and community and stronger familial relationships outside, all while aiming to end the stigma around imprisonment. This organization is a support system for incarcerated people run by people who have been formerly incarcerated and engage in community efforts such as their Heroes in the Hood program to help inspire meaningful goals within the younger generations of high-risk communities to channel their energy toward community restoration. Shepherds Fold, as a transition home, provides similar services from a faith-based approach, instilling Christian values within their participating members. One Roof, an organization whose mission is to end homelessness in Alabama, is yet another resource for people re-entering society after being incarcerated. Through their practice of Coordinated Entry, or an in-depth needs assessment, One Roof is able to secure housing for those in need and point them to additional resources they may require based on their assessment. This can be very helpful for many, especially those who have been incarcerated for decades long, and who may not be aware of what resources exist in the community, or how to go about securing them. Finally, Aid to Inmate Mothers (AIM) is an organization that provides assistance to mothers who are incarcerated, both during their incarceration, as well as their transition period into society after their sentences have been served. AIM provides transportation to children for visitations with their mothers in prison and provides incarcerated mothers opportunities to record bedtime stories for their children. Their reentry programs aim to reconnect mothers with their children, provide a few essentials for those leaving prison, provide classes on life skills, job preparedness, parenting, and other topics for those who are interested, and even provide transition housing for a year, though it comes with a few eligibility requirements, including rental fees charged weekly.
There are also educational opportunities that are provided for incarcerated people in Alabama’s prisons. The Alabama Prison Arts and Education Project led by Auburn University, and the Donaldson Lecture Series led by the University of Alabama at Birmingham (UAB) are only two such programs. The Alabama Prison Arts and Education Project provides incarcerated individuals a chance to earn college credits while serving time. These courses are offered in the field of arts and sciences, and for those who can keep up with the standards of Auburn’s academic programs, this is a great opportunity for incarcerated individuals to pursue higher education, and as a result, be better equipped to handle the professional world upon their release. Similarly, UAB also offers lecture series at Donaldson Prison. While not as extensive or academically progressive as Auburn’s program, the Donaldson Lecture Series focuses on educational talks given to incarcerated individuals within the prison every other Tuesday for academic enrichment purposes.
Shifting the Mindset Around Crime and Punishment
An image of solidarity in favor of Prisoner Rights; Source: Yahoo Images Public Domain via Racism.org
These resources are well-intentioned and have helped save so many lives to date. Yet, this is not enough; there is a much-needed shift in the societal mindset around crime and punishment. The issue of the prison system is rooted in the racist founding of this nation, and as such, has systemic implications on various areas of a person’s life. Reforms can only go so far, as they are still pieces of legislation that try to make changes to the existing laws, but they still operate under those same laws. There needs to be a shift in the way incarcerated people are viewed within the larger society, and there needs to be a reexamination of the laws on the books since most of the institutions in America are rooted in beliefs of supremacy. Some things that can help us rethink the way we approach topics that involve imprisoned people are suggested below.
As explained earlier, changing the language around how people in prison are talked about can humanize the population and foster compassion towards the group. Refer to them as imprisoned persons or people in prison rather than branding them the title of “prisoner” or “inmate”. This helps shift the narrative. “Prisoner” or “Inmate” seems to imply that these individuals are criminals at the core, and brands them as “others” in the eyes of society. Instead, referring to them as “imprisoned people” implies they are human, with natural rights, and only living in a condition of imprisonment rather than being defined by their conditions.
Finally, I leave you with a challenge: rethink how crime and punishment are framed in our society. Who is held accountable? Who isn’t? What acts are considered criminal and what aren’t? Who decides which acts to define as criminal and which ones do not? Who benefits from the current criminal “justice” system? Does committing a crime make you a bad person, a “criminal” for the rest of your life, or should you be given another chance to reform? Should people be branded innately “criminal” or are their actions influenced by the conditions of the society they live in and dependent on the context and motivations behind the crime committed? Is it fair to punish someone based on actions (mistakes yes, but still actions) committed as young people for the rest of their lives? Why is it that our society places the label “criminals” on people who commit crimes, but refuses to see them as anything else? People can be “criminals” and still be artists, musicians, poets, writers, activists, metal workers, etc. Why does our society insist on placing a singular label on this population? Could it be to easily forget their existence, to remove humanity from their essence? All these are necessary questions to ask ourselves to understand our own biases towards imprisoned people and began to rethink our own actions that can have long-lasting consequences on the lives of so many. After all, this prison crisis is happening in our own backyard, and if we do not speak out against these atrocities, we are just as guilty as those committing them.
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