The History of the Universal Declaration of Human Rights

UN Flag
Flag of the United Nations, paixland, Creative Commons

The conception of the Universal Declaration of Human Rights (UDHR) gave birth to human rights as they are known today. Adopted by the United Nations (UN) General Assembly on December 10, 1948, the UDHR was a response to the atrocities that took place during World War II. As half the globe laid in ruin and millions of lives were taken, a dormant side of humanity seemed to reawaken within the world powers, and an international prioritization of human rights emerged. The UDHR, comprised of 30 Articles defining human rights, was an expression of humanity’s resurgence, as well as an international commitment to never allow such monstrous acts to take place again.

Those tasked with composing the UDHR were members of the Commission on Human Rights, chaired by the dynamic Eleanor Roosevelt, who served as First Lady of the United States from 1933 to 1945. Roosevelt transformed the role of the First Lady by using her position as a platform for social activism in women’s rights, African-American rights, and Depression-era workers’ rights. After her husband, President Franklin D. Roosevelt, died in 1945, she was appointed to be the US Delegate to the UN and served in this role for 7 years. It was her experience and passion for social activism that prepared the widow Roosevelt to Chair the commission responsible for creating the UDHR. Roosevelt asserted the Declaration would reflect more than Western ideas; to accomplish this, the Human Rights Commission was made up of members from various cultural and legal backgrounds from all around the world, showing respect for differing cultures and their customs while also ensuring each region had a hand in creating the document. Under Roosevelt’s leadership, the diverse commission was able to craft the UDHR in a unique and culturally-competent way.

Statue of Eleanor Roosevelt
Eleanor Roosevelt, Kevin Borland, Creative Commons

The UDHR was the first document in history to explicitly define what individual rights are and how they must be protected. The Preamble of the document outlines the rights of all human beings:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people…

Thus, for the first time in history, human rights were assembled and codified into a single document. The Member States, or sovereign states that are members of the United Nations, came together in agreement to protect and promote these rights. As consequence, the rights have shaped constitutional laws and democratic norms around the world, such as the Human Rights Act of 1998 in Britain and the Civil Rights Act of 1964 in the United States.

Silhouette of a dove holding an olive branch
Dove Silhouette, Creative Commons

The Commission on Human Rights defined human rights with the conception of the UDHR. By fusing dignity, fairness, equality, respect, and independence, the UN defines human rights as:

rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.

Human rights are the cross-cutting theme within every UN agency. They have inspired the UN’s Sustainable Development Goals (SDGs), which are goals to “provide peace and prosperity for people and the planet, now and into the future.” These planet-, urbanization-, and group-focused goals substantially contribute to the realization of human rights, as the human rights-based approach to development stipulates development is conducive to the promotion of human rights.  In the ideal sense, human rights are a guiding force toward living in global harmony, and through the promotion of the basic rights bestowed by the UDHR, the world has made strides toward achieving that harmony.

 

Free and Uneasy

by Mary Johnson-Butterworth

When I visited the Equal Justice Initiative Legacy Museum, I sat down at a booth where I was separated by plexiglass from a video of a prisoner who picked up a phone as I picked up my receiver.  This prisoner told me of his 12 years in solitary confinement and his struggles to survive, and then he shared his beautiful poem with me.  Given my recent passion for poetry, I felt that I had just had a karmic experience, and it affected me deeply.  I dedicate this poem to Mr. Ian Manuel, a brilliant writer, who is now free and currently resides in Florida.

the inside of Alcatraz
Outside this empty shell. Source: Derek Finch, Creative Commons

I am humbled to meet you

In a place defining legacy as atrocity.

Here in a cubicle with the glass between us,

I learn your stare before I sit;

Your stagnant gaze stings like lashes.

Lashes–but what do I know of lashes?

 

In terror, I reach for the receiver

While you do the same.

You introduce yourself to all who call

With a show of strength in sepia

As you share yourself on video.

Terror—but what do I know of terror?

 

You tell me of your bleak and solitary plight,

Of the fight with your tortured soul,

Of your twelve years in a cell alone

With no human breathing near you.

I have suffered my own confinements.

Solitary—but what do I know of solitary?

 

You speak of an exploration within–

Within your hourless term,

A timelost search for your voice

Within the breadth of your mind,

A mind that ever evades capture.

Capture—but what do I know of capture?

 

You proclaim the poem of your truth,

Well-versed in human pain,

Words meting out the inner you.

I listen with my newfound poet’s ear

To the meaning of your life.

Pain—but what do I know of pain?

 

Shocked by our common shred,

I return the receiver to the still shot

Of your shackled silence.

What reverberates for me now

Is of words you set aloft and free.

Poetry—for we two know of poetry.

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

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

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

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

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

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

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

 

 

Ending Violence Against Women

by Pam Zuber

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

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

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

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

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

What is violence against women?

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

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

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

How does culture contribute to violence?

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

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

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

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

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

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

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

How does violence affect women and society at large?

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

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

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

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

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

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

How can people prevent such violence?

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

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

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

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

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

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

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

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

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

Sonita

Photo by IHR.

On Tuesday, November 13, the Institute for Human Rights and Consulate General of Switzerland – Atlanta co-sponsored a showing Sonita, a film based on a 15-year-old girl from Afghanistan who immigrated to Iran in order to flee the Taliban. Over the course of the three years Sonita is filmed, she is able to receive assistance at a center for refugee children in Tehran, Iran where she works on her dream of becoming a rapper by performing for her classmates and pursuing a place to record her music.

What many people are unaware of is the Afghani tradition of forcing children into marriage, with Sonita’s family setting her price as $9,000. Without intervention from the filmmaker, Rokhsareh Ghaem Maghamim, who paid her family $2,000 to postpone her marriage, Sonita might have not made it to where she is now. To make matters worse, women are not allowed to sing in Iran. So, in order for Sonita to continue her dream of becoming a rapper, the shelter could no longer be affiliated with her. Maghami then managed to take Sonita to the United States, without her parent’s permission, to pursue a career in rap.

Maghami claimed, “I can’t film people who are suffering for something I can afford, when they are giving their life, their story, to me,” she says firmly. What about a film-maker’s duty to be an objective observer? She shakes her head. “It’s always a lie. You are never a fly on the wall. You are always an elephant in the room. You change everything with your presence. I don’t believe objectivity is important or even happens. Human stories are always subjective and personal. The film-maker decides, creates.”

Maghami started filming this documentary to help her cousin who worked at the refugee center, while her cousin just wanted to help Sonita find some training for her music. However, these selfless acts dramatically changed a young woman’s entire life.

Sonita shares the story of one young woman’s strength, perseverance, and the ability to use music as a vehicle to confront social injustice. This film not only gives the audience an inside look to both a tradition and country many are unfamiliar with, but also provides Sonita with the voice she needs to have her story heard.

The Impact of Child Abuse

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

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

What is Child Abuse?

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

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

Effects of Child Abuse

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

Trauma and Child Abuse

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

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

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

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

The Cyclical Nature of Child Abuse

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

Child Abuse is a Human Rights Issue

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

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

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

Resources

Reporting on Human Rights and the Humanity of Journalists

by Andy Carr

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

Jamal Khashoggi
Jamal Khashoggi. Source: Creative Commons.

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

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

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

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

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

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

journalists
Source: Creative Commons.

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

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

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

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

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

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

 

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

Los Desaparecidos U.S. 2018

by Mary Johnson-Butterworth

a little girl crying
Sad Girl. Source: Brett Neilson, Creative Commons.

“Donde estas, mama’?”

Pleads Rosa,

Snatched from the breast

To live where leche curdles,

Where cells cradle and concrete cuddles

Those whose cries are not to be

Lulled by a lullaby.

 

Donde estan los ninos?

Where are these summer camps without play?

Structures rife with rancid water?

Walled away from los padres.

Walled away via Lumpkin, Georgia.

Walled away via Brownsville, Texas.

Fostered by gringos via Parts Unknown.

The Disappeared Ones US 2018.

Undercover of ICE,

Their lives are frozen.

 

“Where are you, Daddy,

As these children disappear?”

Ivanka asks.

Separate and unequal without hugs,

Only tears that could saturate a Huggie.

Abed, they tear at sheets of ICE,

Deplored by the ICEists who torment,

Todos to dos inhumane,

Badges of Dishonor,

Clubs no one’s body should join.

 

Give me your tired, your poor.

We’ll show them all what for.

Brown babes not left behind,

Now impossible to find.

Infants, adolescents, teens,

A toxic way to wean!

In our shame and our despair,

God bless the child

Neither here nor there.

 

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

The Plight of China’s Migrant Workers

by Dianna Bai

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

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

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

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

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

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

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

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

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

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

 

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

India’s Relationship with the Third Gender

Simran, 30, walks through Bandra in Mumbai to ask tourists for money so she can pay her Guru. Photo by Sara Hilton for The New York Times

What is the Third Gender?

In April of 2014, the Supreme Court of India formally recognized the existence of a third gender. There is no formal definition of the third gender in India. People who identify as neither man nor woman are commonly referred to as Hijra or transgender. The Hijra have been subject to discrimination, harassment, and persecution for their genderqueer self-identification. Along with the queer community, Hijras have been targeted by law enforcement and government officials under Section 377. This law was used to criminalize any queer sexual acts and has been used to justify discrimination and mistreatment of the LGBTQ+ community since its enactment in British colonial era India.

What Is the History of the Third Gender In India?

Although the Hijra have been subject to much hate and discrimination in recent times, this has not always been the case. Hijras were well-respected and revered in ancient India. In fact, Hijras play important roles in many Hindu religious texts. One such text talks about the life of Lord Rama, one of the most virtuous Hindu heroes. At some point, Lord Rama was banished from his kingdom. After being banished, he told his followers that the men and women should wipe their tears and leave him. All of the men and women left. However, a group of people known as the Hijra remained standing before him. They were neither men nor women and refused to leave until Lord Rama returned fourteen years later. This community was praised for showing such loyalty.

Hijras also held religious authority and important court positions and administrative roles in Mughal era India. Believed to have the ability to bless, many would seek out Hijras for blessings during important religious ceremonies.  In ancient India, the Hijras were a community that was respected for being extremely loyal and were well trusted enough to be given important religious and governmental roles. This begs the question. If Hijras played an important role in ancient Indian society, then why are Hijras ostracized and persecuted in modern India?

Why Is the Third Gender Ostracized Today?

The answer is due in large part to the British colonization of India. When the British took over direct rule of India and absolved the British East India Company, government officials sought to enforce their western ideas and beliefs on Indians. Lawmakers accomplished this goal by enacting moral laws that banned anything that western society viewed as unclean and dirty. This included the creation of Section 377 of the Indian Penal Code which made illegal any “unnatural offenses” that were deemed “against the order of nature.” From when Section 377 was implemented in 1858 to when it was recently deemed unconstitutional on 6 September 2018, Section 377 was used as justification to mistreat and punish Hijras, queers, and the LGBTQ+ community.

The western concept of hating and marginalizing anybody who was not straight and cisgender took hold in Indian society. The Hijra community was forced from a well-respected role as pillars of religious and governmental society to being social outcasts. This social exile is responsible for the socioeconomic and medical difficulties that Hijras face. Hijras are prone to being economically challenged because of the stigmas that they face. They are denied educational opportunities, jobs, and discriminated against in every area of their lives.

What are the Social, Economic, and Medical Problems Caused By Lasting Social Stigmas?

Despite gaining their independence from Britain in 1947, India has only recently begun to make progress on removing legislation that has been used to attack the Hijra and LGBTQ+ population. The many decades of subjugation stretching back generations have left a mark. Many of the hateful western views towards LGBTQ+ people have become deeply ingrained in India’s culture. Even with many public relations campaigns along with a growing group of supporters, the vast majority of Indians still are against Hijras. Many Indians don’t respect Hijras worth. Hijras are often called to come to auspicious events such as marriages and child-births for blessings. Many Indians view the Hijras as bringing good luck and warding off evil spirits. Yet because of widespread discrimination, the majority of Hijras are forced to beg for money since they are barred from most employment opportunities. Due to this, some of the common means of living for Hijras are begging, dancing, and prostitution.

Open employment discrimination has run rampant because of the lack of workplace protections and discrimination laws that are not comprehensive or well-enforced. Continued police harassment has also burdened the Hijra community. Many police officers have jailed and imprisoned the Hijra community over offenses such as begging, prostitution, and having queer sex. This community has had to resort to such practices because of the refusal to integrate Hijras into the economy. Yet despite not being able to find work, Hijras are attacked even more for trying desperately to survive in a society that has practiced institutionalized, pursued, and encouraged harmful policies towards this community since colonial times.

In addition to facing issues with getting employed, Hijras also have difficulties receiving access to basic medical care. There have been many unfortunate instances of medical malpractice against Hijra people. The Civilian Welfare Foundation is an NGO that conducted studies on the medical problems faced by the transgender community. The study found that the majority of doctors are not educated on gender identity issues and that a transphobic stigma is ingrained amongst medical professionals which is responsible for the lack of proper medical care for Hijras.

The study highlighted the stories of Saikat and Anushri. Saikat was a transgender patient who died from lack of treatment following a train accident. The reason is that doctors could not decide whether to admit her to the male or the female ward. Anushi was gang-raped by several men and sought medical treatment. However, doctors refused to treat her because she was transgender and even denied her access to anti-HIV medication. These two stories highlight the dangerous impact that social stigmas have on our society. In addition to facing persecution and discrimination daily, Hijra people are at risk for bodily harm and even death from bigoted doctors and nurses who are not trained to deal with gender identity issues.

Fear of the social stigmas for being associated with the transgender community is a major reason why many doctors try to avoid seeing Hijra patients and why some outright refuse treatment altogether. Adding on to social fears, healthcare professionals have been hesitant to treat Hijra people because of the risk of criminal prosecution under Section 377. Up until the recent 2018 Supreme Court decision, it was illegal to commit queer sexual acts as well as to aid and abet these acts. There have been cases of individuals being arrested simply for selling condoms to Hijra and queer people. The lack of proper medical care and access to safe sex talks and practices has led to an HIV rate amongst Hijras that is 100 times the national average. Doctors fear Hijra patients because they are misinformed and believe in multigenerational social stigmas. Hijra patients fear doctors because of the risks of being mistreated and harmed by substandard or complete refusal of medical care. This toxic mutual distrust can only continue to harm the Hijra community.

Rithika, 23 and Ammu, 21, live with their Guru in the Koliwada area of Mumbai. Photo by Sara Hylton for the New York Times.

What Are the Recent Successes For the Hijra Community?

There are some recent successes that have helped the Hijra people. The Right for Transgender Persons Bill drafted in 2014 and passed in 2016 has been a major milestone in protecting the Hijra community. The law declared many forms of discrimination against Hijras to be illegal and banned the forcing of Hijras to beg or to leave their homes. Other benefits include the creation of a committee that focuses on helping Hijra pursue education by giving access to scholarships and textbooks among other needs. The bill has also allowed for Hijras to be recognized as socially and economically disadvantaged which qualifies Hijras for benefits from India’s Affirmative Action program. However, there are downsides to the bill as well. Hijra people have to go through a district screening process to receive their third gender certification and ID cards. This approach can lead to refusal of benefits to Hijras based upon the decision of a committee without oversight and comprised of people not trained in gender identity issues.

Also occurring in 2014 was the landmark Supreme Court decision that officially recognized the existence of the third gender. This has allowed for Hijras to opt for third gender classification on official legal documents such as driver’s licenses and passports. The decision has also signified acceptance of the Hijra community’s existence by a government that has continuously sought to marginalize those who aren’t cisgender. However, this decision has also come up short in addressing the many problems Hijras face. Third gender IDs, while motivated by good intentions, do not address many basic rights. When getting married, transferring property, or adopting children there are only cisgender ordinances in place. This means that Hijras cannot get married, cannot leave behind property for their kids, and cannot adopt kids that desperately need good homes while being recognized and identifying legally as the third gender.

Another recent Supreme Court decision that has increased the rights of Hijras happened in 2017. The court declared that the Right to Privacy was a fundamental right to all individuals and enacted protections for the privacy of Hijras’ sexual orientations. This will go a long way toward helping prevent socioeconomic and medical discrimination.

In addition to legal successes, there have also been gains in societal acceptance and integration of the Hijra community. In 2017 India accomplished many firsts. Joyita Mondal became India’s first third gender judge, Tamil Nadu became India’s first Hijra police officer, Natasha Biswas became India’s first third gender beauty pageant winner, and Kochi Metro Rail Ltd. became India’s first government-owned company to provide bulk employment to Hijras. There are plenty more Hijra success stories out there which are a sign of widespread societal change. There is hope that the social stigmas that have plagued the Hijra community will soon be fully erased.

It is clear that Hijras face many challenges in modern times. Widespread social stigmas and discrimination against this community were promoted for generations. It is also clear that such large problems take a long time to fix. However, if legal efforts and public relations campaigns are continued then India can one day become a society that fully embraces and supports all people regardless of sexual or gender orientation.