The Right to Vote And The 2022 Midterms

Though the right to vote was codified as a fundamental human right in Article 21 of the Universal Declaration of Human Rights in the 20th century, voting has been a cornerstone of American democracy since the nation’s founding in 1776 (though it took a while to realize this right for everyone).  In order to call itself a representative democracy, the United States must represent its citizens through laws and elected officials, which is executed through free and fair elections with equal access to participating in the voting process. In this article, we will be covering the importance of ensuring voter accessibility, some upcoming voter issues from a human rights standpoint, and, of course, how your vote matters! 

Please scroll to the end of this article for information on voter registration, aid in accessing the polls, remote voting options, and how to find your local candidates and docket items.

Source: Steve Rainwater via Flickr

What are Midterms?

Midterm elections are held in the middle of Presidential terms. In midterm elections, eligible citizens vote for the House and Senate candidates that, if elected, shape national laws and policies. The 2022 midterm elections take place this year on Tuesday, November 8, 2022, and will have a major impact on citizens’ rights on both the state and national level. These elections determine which political party will hold the majority in the houses of Congress for the next two years, which can affect everything from the federal budget to national and international policy. Check the current midterms forecast here to see how the House, Senate, and your state elections are predicted to go.

Source: Joe Brusky via Flickr

Each Vote Matters

The most common response I receive when asking why my peers choose not to vote is the thought that, “one vote cannot make a difference”. History disagrees. The 2020 presidential election saw a record voter turnout, with nearly two thirds of all eligible voters (158.4 million people) showing up to the polls. However, midterm elections historically have 10-20% lower voter turnout than presidential elections. For example, the 2018 midterm elections only saw 113 million votes, which is roughly 53% of the eligible voter population; and that was still the highest voter turnout for a midterm election in four decades with a historic average of roughly 40%. That means the elected officials who vote on crucial national policies like minimum wage, education, housing and healthcare are only representative of less than half of Americas eligible voters.

In addition, following the Supreme Court’s decision of Dobbs vs Jackson in June 2022, we have seen a large change in voter demographics as historically conservative states like Kansas, Ohio and Alaska observe spikes in young, female voters and Democrat registrations. On September 13, 2022, Democrat Mary Peltola was sworn in as the first Alaskan Native to be elected as an Alaskan representative in Congress. States that have been dependably Republican for decades are now facing a new population of politically active citizens flocking to all forms of civil engagement in order to change their states, for the present and the future. 

The Voter Issues

As we get closer to the midterm elections, it is important that we recognize both the dangers and the potential solutions that could be determined by the vote this upcoming November. Below you will find some of the largest human rights realms that will be affected by the outcome of the midterms.

Voter Issue: Abortion Rights

In the wake of Dobbs v Jackson, the right to elective abortions has become a prioritized and contentious voting issue for the 2022 midterms. Currently, 26 states are likely, planning to, or have already restricted access to elective abortions following Dobbs. The Pew Charitable Trusts used recent data to create the map below:

Source: The Pew Charitable Trusts

For the first time in five decades, local and state representatives will now determine whether women and people who can get pregnant in your state will have access to what was considered a nationally protected right under Roe v Wade. Beyond the simple matter of legal access, those elected to your state governments have the ability to further restrict or protect the right to abortion in your state. On the national level, those elected to Congress this November will be voting on policies like the Women’s Health Protection Act; a piece of federal legislature that would protect abortion access nationwide. 

While we are still two months away from elections, there are many signals that abortion will be one of the largest voter issues this election season. The very demographic of voter registrations has shifted following the Dobbs decision in June, with a rise in female, young, and Democrat voter registrations nationwide. In Kansas, a state with a long history of voting red (56% of Kansas voters cast their ballots for Donald Trump in 2020), an anti-abortion referendum was struck down by 59% of votes. This is the first time since Dobbs was decided that restrictive abortion legislation was struck down by voters. It was also a clear display of voter participation shifting the partisan norm as a deeply conservative state was met at the polls by voters, impassioned with protecting reproductive rights.

Source: “Vote Earth Tree” by Earth Hour Global is licensed under CC BY-NC-SA 2.0.

Voter Issue: Climate Change

The United Nations passed a resolution in July of 2022 that declares a clean, healthy environment is a universal human right. In addition, the recently passed Inflation Reduction Act plans to tackle both economic and environmental issues by majorly investing in clean energy production and creating jobs in the industry. Unsurprisingly, the Pew Research Center found that energy policy and climate change are two predominant issues voters will consider when casting their votes in November.

Source: Valeriya via Getty Images/iStockphoto

Voter Issue: Healthcare

The right to health is an inclusive right, defined by the United Nations as encompassing accessibility, quality, and availability amongst other qualities. While the aforementioned Inflation Reduction Act plans to lower drug costs for Medicare recipients, America still stands alone as the only developed nation in the world that does not have Universal Healthcare.

With chronic, severe or uncommon conditions, constant full-time employment may be the only way to gain affordable insurance that provides access to vital drugs and treatments. Insulin and Epi-Pens are two life-saving essential drugs that American citizens experience being denied access to because they cannot afford out of pocket costs. A simple ambulance ride can cost upwards of $1,200, an amount many Americans could not pay without incurring debt. With bankruptcy and extreme medical woes being legitimate fears for American citizens without health insurance, it is easy to see why 60% of voters say that healthcare policy is very important to their vote in the midterm elections.

Source: Victoria Pickering via Flickr

Voter Accessibility And Suppression

Voter suppression, whether passive or active, is a real issue in 2022. It is crucial that we recognize the ways in which voter accessibility is inhibited, especially in the discussion of voter turnout and how that affects who is truly represented in the US Government. Lack of accessibility and excessive voter registration requirements are detrimental to our voter turnout, and contribute to feelings of helplessness and voter apathy.

One of the largest inhibitors of active voters is pure accessibility. The US Justice Department states that, “Title II of the ADA requires state and local governments… ensure that people with disabilities have a full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting”. While some cite mail-in voting as a solution to physically inaccessible polling locations, the DOJ continues to specify that, “Any alternative method of voting must offer voters with disabilities an equally effective opportunity to cast their votes in person,” meaning that simply offering a mail-in vote option is not just insufficient; it is illegal. Despite this, the American Bar Association has found that “persons with disabilities made up one-sixth of eligible voters in the 2016 election, yet only 40 percent of polling places were accessible.” Both persons with disabilities and the older population are greatly impacted by this lack of accessibility.

While accessibility at physical voting locations is a major issue, the voter process begins with voter registration; a procedure that can be incredibly inhibiting. Voter ID requirements are one of the primary obstructions across the board when citizens attempt to register to vote. Burdensome voter identification restrictions are explained as necessary security measures, but their policy outcome is that citizens who are eligible to vote are unable to due to the expensive and time-consuming process necessary to obtain government IDs. While the average percent of eligible voters who lack a government-issued photo ID is roughly 11% per the Brennan Center’s research, that amount is significantly higher amongst minority groups, low-income people (15%), young voters 18-24 (18%) and old voters 64 or above (18%). The highest category though is African-American citizens, who reported a staggering 25% of voting-age citizens without eligible IDs. In a nation with a history of civil rights abuses, institutional racism and voter suppression, modern voter ID laws must be re-evaluated in order to uphold the integrity of the electoral system in America.

Additional voter restriction issues include lack of public transportation to polling sites, deceptive practices, racial and partisan gerrymandering, employers not providing time off, long lines, prolific jailed, previously jailed and ex-felon disenfranchisement.  A representative democracy must represent its people, and to do that its people must be able to vote.

Resources:

  • Please click HERE to register to vote. If you are interested in absentee or mail in voting options, please check out this page where you can speak to an agent if you have any additional questions!
  • VoteRiders is an amazing nonprofit that helps voters to obtain their necessary documentations, and can help provide rides to the DMV to obtain photo IDs and rides to the polls through their volunteer service! Their organization will also cover any fees necessary in the ID process, so please check them out if their resources would be helpful to you or if you are interested in volunteering with them! You can also reach their help line at 888-338-8743
  • Rock the Vote provides helpful information on voting in your state, walks you through the registration process and provides helpful reminders for upcoming voter deadlines!
  • To learn more about voter suppression or to join the fight against voter ID restrictions and voter suppression nationwide, please check out the ACLU and the Brennan Center today!
  • Find the forecast for your State’s midterm election results here

 

A Bright Future – Recent Human Rights Victories

Source: Yahoo Images, Unknown Artist

In the midst of a pandemic and international unrest, it is vital to stay encouraged and optimistic as we continue our efforts to uphold and protect human rights internationally. That is why we at the Institute for Human Rights at UAB will be using this article to break up the negative news cycle and put a spotlight on a few of the amazing victories and progress the international community has made during the pandemic that you might not have heard about. Though positive human rights news may not always make headlines, it is important to recognize each success, just as it is vital we address each issue. 

Source: Quentin Meulepas via Flickr

The UN Declares Access to a Clean Environment is a Universal Human Right – July 2022

Of the 193 states in the United Nations general assembly, 161 voted in favor of a climate resolution that declares that access to a clean, healthy and sustainable environment is a universal human right; one that was not included in the original Universal Declaration of Human Rights in 1948. While the resolution is not legally binding, it is expected that it will hugely impact international human rights law in the future and strengthen international efforts to protect our environment. Climate justice is now synonymous with upholding human rights for the citizens of member-states, and the United Nations goal is that this decision will encourage nations to prioritize environmental programs moving forwards.

Kazakhstan and Papua New Guinea Abolish the Death Penalty- January 2022

Kazakhstan became the 109th country to remove the death penalty for all crimes, a major progress coming less than 20 years after life imprisonment was introduced within the country as an alternative punishment in 2004. In addition to the national abolition,  President Kassym-Jomart Tokayev has signed the parliamentary ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. Article 6 of the ICCPR declares that “no one shall be arbitrarily deprived of life”, but the Second Optional Protocol takes additional steps to hold countries accountable by banning the death penalty within their nation. Though the ICCPR has been ratified or acceded by 173 states, only 90 have elected to be internationally bound to the Second Optional Protocol (the total abolition of the death penalty), and Kazakhstan is the most recent nation to join the international movement to abolish the death penalty globally. 

Papua New Guinea also abolished their capital punishment, attributing the abolishment to the Christian beliefs of their nation and inability to perform executions in a humane way. The 40 people on death row at the time of the abolishment have had their sentences commuted to life in prison without parole. Papua New Guinea is yet to sign or ratify the Second Optional Protocol to the ICCPR, but by eliminating the death penalty nationwide the country has still taken a significant step towards preserving their citizens right to life. 

Source: Randeep Maddoke via Wikimedia

India Repeals Harmful Farm Plan – November 2021

Many of you will remember seeing international headlines of the violent protests following India’s decision to pass three harmful farming laws in 2020. The legislation, passed in the height of the pandemic, left small farmers extremely vulnerable and threatened the entire food chain of India. Among many other protections subject to elimination under the farm laws was the nations Minimum Support Price (MSP), which allowed farmers to sell their crops to government affiliated organizations for what policymakers determined to be the necessary minimum for them to support themselves from the harvest. Without the MSP, a choice few corporations would be able to place purchasing value of these crops at an unreasonably low price that would ruin the already meager profits small farmers glean from the staple crops, and families too far away from wholesalers would be unable to sell their crops at all. 

Any threats to small farms in India are a major issue because, according to the Food and Agriculture Organization (FAO) of the United Nations, “Agriculture, with its allied sectors, is the largest source of livelihoods in India”. In addition, the FAO reported 70% of rural households depend on agriculture and 82% of farms in India are considered small; making these laws impact a significant amount of the nation’s population.  A year of protests from farmers unions followed that resulted in 600 deaths and international outcries to protect farmers pushed the Indian government to meet with unions and discuss their demands. An enormous human rights victory followed as Prime Minister Narendra Modi announced in November of 2021 that they would rollback the laws, and on November 30 the Indian Parliament passed a bill to cancel the reforms. As the end of 2021 approached, farmers left the capital and returned home for the first time in months, having succeeded at protecting their families and their livelihoods.

Source: Sebastian Baryli via Flickr

Sudan Criminalizes Female Genital Mutilation – May 2020

Making history, Sudan became one of 28 African nations to criminalize female genital mutilation / Circumcision (FGM/C), an extremely dangerous practice that an estimated 200 million woman alive today have undergone. It is a multicultural practice that can be attributed to religion, sexual purity, social acceptance and misinformation about female hygiene that causes an onslaught of complications depending on the type of FGM/C performed and the conditions the operation is performed in. Among the consequences are infections, hemorrhage, chronic and severe pain, complications with childbirth, and immense psychological distress. It also causes many deaths from bleeding out during the operation or severe complications later in life. We have published a detailed article about female genital mutilations, gender inequality and the culture around FGM before, which you can find here

FGM/C is a prevalent women’s rights issue in Africa, and in Sudan 87% of women between the ages of 14 and 49 have experienced some form of “the cut”. While some Sudanese states have previously passed FGM/C bans, they were ignored by the general population without enforcement from a unified, national legislature. This new ban will target those performing the operations with a punishment of up to three years in jail in the hopes of protecting young women from the health and social risks that come from a cultural norm of genital mutilation and circumcision.

Where do we go from here?

While we have many incredible victories to celebrate today, local and international human rights groups will continue to expose injustices and fight for a safer and more equal future for all people. Our goal at the Institute for Human Rights at UAB is to educate; to inform readers about injustices and how they can get involved, and to celebrate with our incredible community when we have good news to share! While the past year has been marked with incredible hardships, it is always exciting when we have heart-warming international progress to share!

You can find more information about us, including free speaker events and our Social Justice Cafes on our Instagram page @uab_ihr! Share which of these positive stories you found most interesting in our comments, and feel free to DM us with human rights news you would like us to cover!

Barren- Food Deserts and Hunger in America

What Is a Food Desert?

Source: Mike Mozart via Flikr

Currently in America, the neighborhood you were born in can affect your future income, education level, and your ability to consistently access nutritional food. The Food Empowerment Project (FEP) defines food deserts as “geographic areas where residents’ access to affordable, healthy food options (especially fresh fruits and vegetables) is restricted or nonexistent due to the absence of grocery stores within convenient traveling distance”. The USDA has defined two types of food deserts: one that exists in both rural areas more than 10 miles from the nearest store and the second which exists in urban environments, where citizens face daily obstacles in obtaining healthy food due to lack of availability or resources. But, the average conversation about food deserts surrounds zones within American cities where citizens, hindered by lack of access to transportation and restricted budgets, are unable to obtain nutritional food. Food deserts play a critical role in food insecurity in the United States, and they are typically visible in urban areas where the residents are already living in extreme economic hardship. 

The Institute of Human Rights at UAB has recently published an article about food deserts in our hometown of Birmingham, Alabama that you can read here– but for readers in other parts of America, I want you to do an exercise with me. Think about your nearest big city, or an urban area you are familiar with. This can be in New York City, Atlanta, Miami, Chicago, or whichever metropolis best applies to you. Visualize the roads you drive, the areas both wealthy and impoverished. Now, think of the few streets within that city where there are almost no Walmarts, Targets, Krogers or Publix chains. In this stretch, there are tons of fast food restaurants, cash bond and payday loan businesses, laundromats and gas stations. There is an abundance of drive throughs and minimarts, but you could drive for a few minutes before you find a grocery store. Can you see that part of your city in your head now? THAT, dear reader, is your local food desert. 

Note: The USDA compiled census and other data into an interactive map called the Food Environment Atlas, which allows any user to view rates of food insecurity, diet quality, and food prices in your area or any neighborhood you are curious about. If you struggle to think of a food desert near you, or want to learn about what areas are impacted by food insecurity, I recommend you try out the Food Environment Atlas here.

Source: DcJohn Via Flickr

The Cause:

Food Deserts have typically been attributed to socioeconomic status. One of the main characteristics that defines a food desert is lack of accessibility, which means people living in a certain region have limited resources, be it money, time or transportation to access nutritional, fresh food. Food deserts are most common in low socio-economic  areas, where residents are unlikely to own a car or have one that is not always working. Americans living here typically live paycheck-to-paycheck, and require both accessibility and affordability to make ends meet throughout the month. It is currently estimated that one in six Americans still experience food insecurity, and that roughly 19 million people are affected by food deserts or limited access to supermarkets in America. Recent studies by the United States Department of Agriculture confirm the connection between race and food deserts, stating in 2019 that “rates of food insecurity were substantially higher than the national average for single-parent households, and for Black and Hispanic households”. 

The conversation surrounding food deserts has shifted to include race in recent years. Originally, the term food desert was coined to represent the socioeconomic disparities that cause some Americans to face food insecurity. Now, organizations like the Natural Resources Defense Council (NRDC) are pushing to recoin the term as food apartheid to accurately represent the way food insecurity affects those of minority race in America. The NRDC explains the term shift, saying that, 

“Many groups are now using the term “food apartheid” to correctly highlight the how racist policies shaped these areas and led to limited access to healthy food. Apartheid is a system of institutional racial segregation and discrimination, and these areas are food apartheids because they too are created by racially discriminatory policies. Using the term “apartheid” focuses our examination on the intersectional root causes that created low-income and low food access areas”. 

Essentially, it is vital that we recognize how a historical and current racial inequalities act as a cause of both the food deserts and the zones of poverty they’re found in. The historically black areas of segregated cities were underfunded and underdeveloped, plagued by lack of opportunity and equal access, and in some areas across the United States an economic shadow of that segregation still remains.

Source: Gilbert Mercier via Flickr

Their Effect and Why It Matters:

America has incredibly high rates of obesity and nutrition-based health issues in comparison to other developed countries. While there are decades of research connecting poverty and race to higher rates of nutrition-based disease and other health issues in America, science is now beginning to track the specific effects of food deserts on obesity and chronic illness. A corner store or a pocket-sized version of big supermarket chains like a Walmart Neighborhood Market, but if you take the time to walk inside you’ll see the fresh produce section is either neglected or nonexistent. These smaller stores have less room for inventory, their foods are less likely to be fresh produce due to the requirements to keep them fresh, and these foods are often packaged and processed. That means those who depend on these stores are limited to fast food, packaged goods, or other processed and low quality options that can contribute to malnutrition, heart disease, obesity, diabetes and more.

In addition to the effects of food deserts on health, the prices per unit are almost always more expensive than their suburban, chain-grocery counterparts. A person who can afford a Costco membership will almost always spend less on the same food products as a family living paycheck to paycheck or utilizing EBT for groceries. A 1997 USDA study found that “geographic location was the single most important contribution to higher nationwide average prices faced by low-income households”, and that smaller stores charged more per item than supermarkets nationwide. Food scarcity and cost disparities disproportionately affect minorities and those already living in financial insecurity, and each city has a part to play in ending this national crisis of inequality.

Source: Sue Thompson via Flickr

Join the movement to end food insecurity in the US:

Ultimately, the end to food desertification requires an effort between elected officials and businesses to make nutritious food affordable and accessible for all people. If you recognized a food desert near you in the imaginative exercise we did earlier, that could be the perfect topic to address with your local lawmakers through emails, calls or petitioning. If you prefer other types of action, there are countless ways to work as individuals to help your community in the meantime. Getting involved in the fight against food insecurity can be as hands-on and involved as you want, from donating non-perishable foods and needed items to local organizations, shelters or food kitchens to establishing a community garden, or everything in between. There are plenty of ways to make a difference at whatever level of involvement works best for you, and I’ve linked some of my favorites below!

A Few Ways to Get Involved:

  • Click HERE to find your elected officials on the state and local level and how to contact them about the food deserts affecting their voters. You can use your voice to push for changes that directly impact your community in a positive way.
  • Feeding America is a charity that uses your donations to help the 1 in 8 Americans experiencing hunger now. This link takes you straight to their front page, which features a zip code locator for the closest food bank to you!
  • Organize or contribute to a local food drive. Many public schools and local businesses run food drives for charities throughout the year, and Rotary International has an awesome guide available for starting your own community food drive HERE. Sharing surplus food is an excellent way to help others while reducing waste as well!
  • Use this link to find food pantries near you to donate, volunteer, and get involved in your state’s fight against food insecurity.
  • Find what works for you. Try searching for more ways to get involved that are tailored to your area and preferences…every contribution helps!

Rights of Women vs. Rights of the Unborn?

Disclaimer: The views, thoughts, and opinions expressed in this blog post are the author’s only and do not necessarily reflect the official position of UAB or the Institute for Human Rights.

Woman holding her pregnant belly in B/W.
Source: Creative Commons.

On June 24, 2022, the U.S. Supreme Court overturned Roe v. Wade, the landmark case that allowed women access to abortion. The majority opinion, supported by the Court’s 6 conservative justices, reads (p. 79 of the Opinion of the Court):

“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority.  We now overrule those decisions and return that authority to the people and their elected representatives.”

We talked about the history of legal access to abortion, Roe v. Wade, and the consequences of overturning the case in a blog post published a couple of weeks ago.

Obviously, what’s happening is directly related to human rights. Interestingly, both the “pro-life” movement, arguing in favor of restricting abortion access, and the “pro-choice” position, contending it’s a woman’s right to choose what’s happening to her body, use human rights language to justify their positions.

The question about abortion is, fundamentally, a question about the “right to life.” But whose right to life are we talking about? If you listen to anti-abortion activists, it’s about the life and rights of the unborn. If you follow the women’s rights argument, it’s about the life and rights of women and girls. What rights do women have according to human rights and what rights belong to unborn children, fetuses, embryos, and fertilized eggs? For the sake of this article, I will use “the unborn” to refer to the different statuses of gestation, recognizing that different gestation stages might have different legal implications regarding the termination of pregnancy. I also use the terms “women” or “woman” to refer to pregnant people, acknowledging that not all people who become pregnant identify as women. I chose to do so in line with language used in court decisions (domestic and international), legal and policy documents, and literature, which mostly use the term “women” when discussing abortion and reproductive rights. I also aim to disconnect my argument from the moral opinions of abortion and focus solely on what human rights law and policy have to say on the issue.

Let’s take a closer look.

Women’s rights and abortion

According to the UN, women’s rights include the rights to “equality, to dignity, autonomy, information and bodily integrity and respect for private life and the highest attainable standard of health, including sexual and reproductive health, without discrimination; as well as the right to freedom from torture and cruel, inhuman and degrading treatment.” This means that a girl or woman has the right to make her own decisions over her body, including in matters relating to her reproductive health, which lies at the very core of a woman’s right to equality, privacy, and physical and psychological integrity. Women’s rights have been well established internationally through a variety of documents and treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women, the Sustainable Development Goals, and some of the basic human rights documents acknowledging the equality of men and women (e.g., Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a state party). Domestically, women’s rights are enshrined, among others, in the 19th Amendment to the Constitution giving women the right to vote, Title IX protections, and in court cases such as Roe v. Wade.

According to the WHO, unsafe abortion is the third leading cause of maternal mortality and morbidity. Unsafe abortion is defined  as a procedure for terminating an unwanted pregnancy either by persons lacking the necessary skills or in an environment lacking minimal medical standards or both. Every year, about 25 million or 45% of all abortions worldwide are performed in a hazardous environment and lead to close to 50,000 deaths and temporary or permanent disability of 5 million additional women. There is a high discrepancy in unsafe abortion rates depending on the legal environment guiding termination of pregnancy: in countries where abortion is completely banned or only allowed to save a woman’s life, over 75% of abortions were unsafe as opposed to 10% of unsafe abortions in countries where abortion is legal.

Many studies in the U.S. and around the world have shown that legal restrictions on abortions do not result in fewer abortions or increases in birth rates. Equally, countries legalizing abortions do not experience higher abortion numbers or increased abortion rates. What does happen when abortion is criminalized is an increase in unsafe abortions, which leads to higher maternal mortality and affects everyday life for women. Unmarried and economically disadvantaged women are especially affected by abortion bans, thereby further marginalizing them and putting them at risk of injury and death. In places where abortion is legal and can be performed on a woman’s request, and where safe services are available, unsafe abortion and abortion-related mortality are reduced

The figure below shows the impact of abortion bans on unsafe abortions:

Graphic showing deaths attributable to unsafe abortions
Deaths attributable to unsafe abortion per 100 000 live births, by legal grounds for abortion. From https://apps.who.int/iris/bitstream/handle/10665/70914/9789241548434_eng.pdf

The recent Supreme Court decision will have severe consequences on a woman’s right to life, physical and mental integrity, health, privacy, and inhuman and degrading treatment in states like Alabama that restrict access to abortion or outlaw it in any case. As the three dissenting Justices point out (p. 2 of the Dissent):

“[The Court] says that from the very moment of fertilization, a woman has no rights to speak of.”

Based on above evidence it is likely that the rate of unsafe abortions and deaths of women in the U.S. will increase.

Rights of the unborn

With the unborn, the question is not so much about life, but about personhood. There is no agreed definition of when personhood begins. Across history and different cultures and religions, it has been argued that fetuses acquire personhood at conception, at various stages of pregnancy, at birth, or even after birth following the completion of traditional rituals. Philosophers, scientists, religious leaders, and legal scholars tend to disagree widely on this subject, as does the general public. Particularly influential was Pope Pius IX’s declaration in 1869 that ensoulment occurs at conception as opposed to at “quickening”(when the mother detects the child moving for the first time), which was the Catholic teaching before that point.  This laid the groundwork for restrictive legislation on abortion and contraception that still exists in some countries today.

The question of when personhood begins also found its way into major human rights documents. The 1948 Universal Declaration of Human Rights, the most widely recognized human rights document, states in Article 1:

“[a]ll human beings are born free and equal in dignity and rights.” (emphasis by author)

making it seemingly clear that human rights, including the right to life, begin at birth. The International Covenant on Civil and Political Rights (ICCPR), the legally binding human rights treaty based on the UDHR, however, states in Article 6 that

“[e]very human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

Similar wording is used in the European Convention on Human Rights (“[e]very person has the right to life” (Article 2)) and in the African Charter for Human and Peoples’ Rights (“every human being shall be entitled to respect for his life” (Article 4). The word “born” is no longer mentioned in these cases.

Somewhat ambiguous is the Convention on the Rights of the Child: It states in its Preamble that “the child… needs… appropriate legal protection before as well as after birth.” However, this is later qualified by Article 24 (health), Article 6 (life), and Article 3 (best interest of the child), which puts the rights of a pregnant girl over that of its fetus. For explanation, preambles can only be used for contextual interpretation of a treaty and do not develop legal effect like articles do.

The only general international human rights instrument that explicitly extends the right to life to the unborn is the American Convention on Human Rights. It states in Article 4: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.”

This first look makes it, therefore, seem unclear what international human rights law actually has to say about the right of the unborn. Discussions over the wording of Article 6 (right to life) of the ICCPR in 1957 shed some light on the most common arguments both in favor and against a right to life for the unborn: to protect human life at maximum capacity, the right to life starts at conception, which is what Belgium, Brazil, El Salvador, Mexico, and Morocco argued for during the negotiation of the article. The majority of states, however, rejected this interpretation on the grounds that it would be scientifically impossible to determine the exact moment of most conceptions. In addition, some states argued that such an interpretation of the right to life at conception would impede on fundamental women’s rights, especially a woman’s right to life, health, and physical and psychological integrity. Most developed countries liberalized abortion laws between 1950 and 1985, citing women’s rights, equality, health, and safety, thereby embracing the idea that personhood is not established until birth.

Girl with pink hat
Source: Ciprian Silviu Ionescu, Creative Commons 

How do we solve this apparent tension between women’s rights and rights of the unborn?

To answer this question, we need to dig a little bit deeper and look at the interpretations of the right to life by international lawyers, case law, and reports issued by international human rights bodies. A clearer picture emerges when doing so: the right to life of born persons and fundamental principles of equality and non-discrimination requires that rights of pregnant women supersede interests of protecting the life in formation.

The precedence of the rights of women over the rights of the unborn was reaffirmed most recently and very prominently by the Human Rights Committee, a body of independent experts monitoring the implementation of the ICCPR, the most globally recognized and authoritative human rights treaty on the issue (the U.S. is a state party). After intense debate on the issue of the right to life of the unborn, women’s rights, and abortion, the Committee agreed that:

Although States parties may adopt measures designed to regulate voluntary terminations of pregnancy, such measures must not result in violation of the right to life of a pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject them to physical or mental pain or suffering which violates article 7, discriminate against them or arbitrarily interfere with their privacy. States parties must provide safe, legal and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable. In addition, States parties may not regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty to ensure that women and girls do not have to undertake unsafe abortions, and they should revise their abortion laws accordingly. For example, they should not take measures such as criminalizing pregnancies by unmarried women or apply criminal sanctions against women and girls undergoing abortion or against medical service providers assisting them in doing so, since taking such measures compel women and girls to resort to unsafe abortion. States parties should not introduce new barriers and should remove existing barriers that deny effective access by women and girls to safe and legal abortion, including barriers caused as a result of the exercise of conscientious objection by individual medical providers. States parties should also effectively protect the lives of women and girls against the mental and physical health risks associated with unsafe abortions. In particular, they should ensure access for women and men, and, especially, girls and boys, to quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods, and prevent the stigmatization of women and girls seeking abortion. States parties should ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls, in all circumstances, and on a confidential basis. (footnotes omitted)

To make it a little easier on you, let me summarize: overall, this is a strong affirmation of abortion as essential in ensuring the life of women and girls because of the above-mentioned impact on maternal mortality and morbidity. Unambiguously, the Human Rights Committee confirmed that:

  • Safe, legal, and effective access to abortion is a human right protected under the ICCPR.
  • Preventable deaths of women and girls constitute a violation of the right to life.
  • Restriction on access to abortion can amount to torture, cruel and inhuman treatment, discrimination, and violation of women’s privacy.
  • The right to life under the ICCPR begins at birth.

In addition, the Committee imposed strong obligations on states to protect women’s and girls’ right to life, including:

  • To ensure effective access to safe, legal abortion in cases in which the life or health (mental or physical) of the woman or girl is in danger, the pregnancy is a result of rape or incest, or the pregnancy is not viable.
  • To remove barriers that deny effective access to safe abortions and to protect the lives of women and girls against the physical and mental threats of unsafe abortion.
  • To discontinue the criminalization of pregnancies by unmarried women or of women undergoing an abortion or medical service providers assisting them in doing so.
  • To offer access to sexual and reproductive health education, contraception, and healthcare for women during pregnancy and post-abortion.
  • To revise their abortion laws to take above points into account.

This is affirmed by various other human rights mechanisms, such as the Committee on the Elimination of All Forms of Discrimination Against Women, which stated that “[u]nder international law, analyses of major international human rights treaties on the right to life confirm that it does not extend to foetuses.” In addition, different UN Committees and experts have argued that criminalization and lack of access to abortion is a violation of the right to lifea form of gender-based violence, a form of torture or cruel, inhuman or degrading treatment, a violation of the right to privacy, a breach of the principle of non-discrimination, and even a form of femicide. Consensus also exists on the need to legalize termination of pregnancy for children under the age of 18. All in all, these reports, decisions, and statements, among others[1],reaffirm the calls for decriminalization of abortion and legalization of abortion in cases in which the life or physical/mental health of the pregnant woman is threatened or in cases of rape, incest, or fatal or severe fetal impairment. Similarly, regional human rights courts have been reluctant to assign personhood to the unborn and even the Inter-American Court for Human Rights decided the protection of the right to life for the unborn should not be considered absolute.

So where does this leave us?

It seems that in the current political discourse, we assume a symmetrical balance between the right to life of two entities: the woman and the unborn. From the above considerations, it is pretty clear that in human rights law, this is not the case. In fact, the protection of the unborn in international human rights law is very thin, to say the least. By contrast, the right to life, health, physical and mental integrity, non-discrimination, and equality of women is well-established and comparatively clear cut. Interventions on behalf of future persons may not violate the rights of the born person, namely the pregnant woman in whose womb the gestation occurs. The rights of a born person trump the rights of the unborn person.

 

 

 

[1]See, among others, additional Human Rights Committee decisions (e.g., Whelan v. Ireland, Mellet v. Ireland, and VDA v. Argentina), CEDAW decisions (e.g,L.C. v. Peruand K.L. v. Peru), CEDAW General Comment 35 (gender-based violence), General Comment 22 (calling on states to decriminalize abortion and guarantee women equal rights, non-discrimination, and autonomy), reports by the Committee on Torture linking deaths of girls and women from unsafe abortion to right to life, or the 2016 and 2017 reports by the Special Rapporteur Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Food Insecurity in Birmingham, AL

Outdoor Food Market with Vegetables
Source: Yahoo Images

The USDA reports that there are about 23.5 million people in the US that reside in a food desert, including over six and a half million children. A food desert is described as an urban area in which it is difficult to buy affordable or good-quality fresh food. Many believe that the term ‘desert’ incorrectly implies that a lack of affordable and healthy food is naturally occurring, and a better term to describe the subject is food apartheid, which also includes the discrimination of communities of color regarding economic opportunity and access. For the case of this post, we will use the two interchangeably. In Alabama alone, close to two million residents live in a food desert, and almost 150,000 of them live in Birmingham. This accounts for 69% of the city’s total population. A 2019 update also found that there is at least one area that is identified as a food desert in each of Birmingham’s nine City Council Districts.  

Birmingham’s Efforts to Eliminate Food Desertification 

Birmingham Mayor Randal Woodfin speaking
Source: Yahoo Images

At the end of March 2022, the Birmingham City Council voted to approve an incentives package for a new Food Giant supermarket in the city’s Five Points West area. According to the Birmingham Watch, the Food Giant store will be located at 2257 Bessemer Road, the former location of a Winn-Dixie grocery store that shut down in 2018 after the chain filed for bankruptcy. Mayor Randall Woodfin spoke on the efforts to eliminate food deserts saying, “We’ve been aggressive since day one in finding the most creative things we can do to support putting a dent in food insecurity and getting more grocery stores in our community,” he said. “I think we’ve been told ‘no’ a gazillion times. … Now, we’re happy to share with the public that a brand that is known, that people trust and that provides quality food is coming back to Birmingham.” 

In addition to the positive effects of bringing a new and much-needed grocery store to the area, Jay Mitchell, Mitchell Foods Vice President of Retail Operations, said the store looks to hire locally through social media, hiring events, and job fairs. “We will be bringing some team (members) from our adjacent stores, but most of the hiring will be right here,” he said, adding that the average wage will be between $11 and $12 per hour. The project brings in many promises to increase economic development, which has proved to be exciting for the city administration, the Food Giant team, and the residents of West Birmingham themselves. 

National Food Apartheid 

According to a report by the USDA’s Economic Research Service, there are over 6,500 food desert tracts in the United States. People who reside in food desert tracts are more likely to have abandoned or vacant homes, and those who live in these areas tend to have less education, lower incomes, and higher unemployment rates. 

Graph showing Food Insecurity by RaceThis chart goes on to show the differences between food insecurity rates based on race. Although each demographic has seen a decrease in their food insecurity rate over the last several years, there is still a very large gap between the races, with the biggest difference being between Black and white Americans, who have a difference of roughly 10% between the groups. Even worse, there are countless combined consequences that can hurt already marginalized communities from living in a food apartheid, including an increase in obesity and physical conditions like diabetes due to the lack of access to affordable and healthy food options. 

Ways to Help 

Despite the current efforts to help, there is still a great need to assist those who are experiencing this human rights crisis at hand. Although the complex issue holds no simple solution at the local, state, or national level, there are many ways to contribute to the cause. The first step to begin making a positive change is to educate yourself on the levels of food insecurity in your area and who it primarily affects. Learn if anything is currently being done by your city, county, or state government or private organizations. Familiarize yourself with food banks in your community and consider forming the habit of donating to them periodically if you can do so. Food banks and pantries usually also take donations of unused toiletries for those in need and special products for pregnant mothers and babies, but you should check what each place is willing to accept in advance. In addition, you can also ask what their most needed items are throughout the seasons. Regardless of how you choose to help, we can all make a positive difference by educating ourselves and others on the causes and effects of food insecurity. 

Bans on Youth Transgender Affirming Care

When it comes to children, parents almost always have full control over the healthcare received and how its administered. With the exception of some Jehovah’s Witness’s cases, abortion cases, and court-tied decisions, parent’s typically have the final say so when it comes to the healthcare treatment that a child may take on. While at times this level of parental jurisdiction can prove problematic, when there is a discrepancy between what a child wants and what the parents want, this jurisdiction in the case of those aiming to help their children receive gender-affirming care is becoming more difficult.

Older children smile and hug while wearing the Pride flag.
Children smile and hug while wearing the Pride flag. Source: Yahoo Images

Gender-Affirming Care & Gender Dsyphoria

According to the Trevor Project, more than half of trans and non-binary youth consider suicide annually. This striking statistic appears to be remedied by the the reception of gender-affirming care. Gender-affirming care is defined by the World Health Organization as care that “support[s] and affirm[s] an individual’s gender identity” when it conflicts with the gender identity assigned at birth. For those below the age of 18, this care rarely involves the use of surgery. Instead, puberty blockers, which delay the onset of puberty, and hormone therapy, which helps induce physical characteristics that align with their gender identity, are used to help minors work against gender dysphoria. Gender dysphoria is explained by the American Psychology Association to be “psychological distress” rooted in a discrepancy between gender assignment and gender identity. This condition is associated with high rates of mental health conditions and suicide. As such, the reception of gender-affirming care by children has the potential to address gender dysphoria and lead to better health outcomes for trans and non-binary children.

Preventing access to this life-saving care can have dangerous effects, but that’s exactly what proposed and brainstormed bills in several states have the potential to do. The rationale behind such bills varies with voices from Texas likening gender-affirming care to child abuse and with other states claiming that children aren’t ready to make such important decisions regarding their bodies. The interesting part in these bills is where the penalty falls. Both providers and parents are at the mercy of state employees and educators if they seek to either perform or connect the child with gender-affirming care. The irony is that in most cases, parents are needed to consent to medical care and that providers are encouraged to align with parental wishes. Parents have to consent to their children receiving vaccines. If a parent or guardian decides to go against the standards for recommended care, then the pediatrician must oblige. In the case of standards around gender-affirming care, the American Academy of Pediatrics and the American Association of Medical Colleges has made clear that there are criteria to determining whether a child should receive care and that gender-affirming care is the standard of care if these criteria are met.

White board with the words "Hello my pronouns are" followd by two open underlined areas with a slash where two pronouns can fit. The letters are in a variety of birght colors along a rainbow gradient.
Sign where people can fill in their pronouns. Source: Unsplash

Exploring a Right to Healthcare

In this sense, a denial of a child’s access to arguably life-saving and parentally sanctioned treatment goes against a right to health care. Alabama Rep. Neil Rafferty, the singular openly gay member of the Alabama Legislature, spoke to the matter before his state’s bill was ratified. “Y’all sit there and campaign on family being the foundation of our nation … but what this bill is doing is totally undermining that. It’s totally undermining family rights, health rights and access to health care.”

While healthcare as a right remains uncodified in the US, the United States has signed on to multiple international agreements, most recognizably the Universal Declaration for Human Rights, and is held to international suspicion and disfavor should it move towards legislation that hinders a human right and targets minorities. Whether this international judgement holds sway over the United States politically and legislatively is one thing, but for a country viewed to be a global hegemony, a stand against what can be perceived as a violation of fundamental human rights and protections for children is jarring.

Additionally, some bills, like Alabama’s, have enfolded restrictions and impositions on on trans children. For example, under an extension of the bill, students in Alabama must use the restrooms that align with the gender assigned at birth making education an uncomfortable environment for trans children.

Child with a shirt that says "Love who you are." The child has their hands on their hips akin to a superhero pose and has eye makeup on.
Child posing with a t-shirt and position expressing self-love. Source: Unsplash

As such, an attack on healthcare can operate as an entryway into further impositions on trans rights that have been long hard fought and won for years.

 

Though there’s no telling what the future holds for trans children, there are still ways to support them.

1. Donate to LGBTQ+ affirming spaces and support networks like The Trevor Project.

2. Write letters to your state representatives relaying your support of LGBTQ+ children and their ability to have access to quality, life-saving healthcare and urging their reconsideration of a politician’s support for legislation that may prevent said access.

3. Check in with people in your life who may be affected by such a decision.

 

International Day of Innocent Children Victims of Aggression

Young girl covering her eyes
Source: Yahoo Images

While discussing various human rights violations and crises, it is important to also be mindful of the special groups such violations affect. On August 19th, 1982, the United Nations announced that June 4th of each year will be declared the International Day of Innocent Children Victims of Aggression. According to this article from OC Human Relations, the day’s purpose is to acknowledge the pain suffered specifically by children throughout the world who are the victims of physical, mental, and emotional abuse. The day also affirms the UN’s commitment to protect the rights of children. According to Children’s Advocacy Centers of Tennessee, nearly 700,000 children are abused annually in the US alone. In addition, rates of child abuse and neglect are five times higher for children in families with low socio-economic status compared to children in families with higher socio-economic status. A child’s right to be free from aggression and abuse is violated globally across many spectrums with crises such as domestic abuse and gun violence.

Child Domestic Abuse and Covid-19

Child crying on the ground
Source: Yahoo Images

Domestic abuse is an international issue that can affect people of every age, race, gender, and background. Also referred to as ‘domestic violence,’ domestic abuse can directly or indirectly affect children due to bullying, harassment, and endangerment from those who reside in their homes with them. Some signs of domestic abuse in a physically or emotionally abusive relationship include the following from The Children’s Society:

  • Kicking, punching, hitting
  • Threatening to kill someone or hurt them
  • Controlling behavior
  • Controlling someone’s finances by withholding money or stopping someone going to work
  • making someone feel guilty, criticizing them or making them feel small and stopping them from standing up for themselves

Unfortunately, the 2020 outbreak of the Covid-19 virus led to an increase in child victims of domestic abuse due to stay-at-home orders and lockdowns. These lockdowns decreased a child’s ability to find a safe place through school counselors or churches and seek guidance from trusted adults. Without being able to find an escape from unsafe home lives, many children suffered an increased risk of domestic violence. Although exact numbers cannot be known of how many additional cases were caused by the pandemic, one study analyzed data on more than 39,000 children treated at nine pediatric trauma centers. When researchers analyzed the group of children aged 5 and older, the number of child abuse victims tripled compared to a similar period before the pandemic. “The most common injury identified was head injury, followed by a mix of chest, abdomen, extremity and burn injuries,” said senior study author Dr. Katherine Flynn-O’Brien, associate trauma medical director at Children’s Wisconsin in Milwaukee. Dr. Andrea Asnes, a leader of the AAP Council on Child Abuse and Neglect and director of Yale Programs for Safety, Advocacy and Healing in New Haven, Connecticut, went on to explain that daycares for younger children were deemed essential and remained open, while school-aged children were stuck at home.

Child Victims of Gun Violence

Children march from a school shooting
Source: Yahoo Images

Another instance where minors experience acts of aggression and unsafety is through gun violence. Children can become victims of gun violence in or outside of the home, both in private and public places such as churches and schools. In the last decade, the number of children killed in armed conflicts is estimated at 1.5 million and another 4 million have been disabled, crippled, blinded or have suffered brain injuries. Only from year-to-date of 2022, there have been 27 school shootings in America alone, killing or injuring 83 people total. This number also includes last week’s shooting at Robb Elementary School in Uvalde, Texas. “When parents drop their kids off at school, they have every expectation to know that they’re going to be able to pick their child up when that school day ends. And there are families who are in mourning right now,” Texas Gov. Greg Abbott said at a news conference. “The state of Texas is in mourning with them for the reality that these parents are not going to be able to pick up their children.” The Robb Elementary shooting is the deadliest school shooting in ten years, when a gunman shot and killed 26 people as young as 6 years old at Sandy Hook Elementary School in Newtown, Connecticut.

How to Help

Today, and every year on June 4th, it is important to remember this human rights holiday in honoring Innocent Children Victims of Aggression across the world. Progress can be made by further educating yourself on the many acts of aggression that violate a child’s human rights and by spreading the word to others. Click here to learn more: International Day of Innocent Children Victims of Aggression.

The Consequences of Overturning Roe v. Wade

I wanted to immediately straighten out my perspective in this argument.
Figure 1: Source: Yahoo Images; An abstract image of a group of individuals holding a sign that reads “Our Body = Our Choice.”

This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.

The History of the Abortion Rights Movement and Context Behind Roe V. Wade

I wanted to include an image of what was considered proper family values, with a working dad, and a house wife tending to her children.
Figure 2: Source: Yahoo Images; An image depicting a typical nuclear family structure that promoted “family values” of the Religious Right. A hard-working dad waves to his wife alongside his growing son as the housewife waves back dutifully.

Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.

Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.

What Overturning Roe v. Wade Would Mean

I wanted to showcase some examples of contraception methods that might also be impacted by the overturning of privacy rights.
Figure 3: Source: Yahoo Images; An image depicting condoms and birth control pills, two contraception methods under attack as a consequence of overturning Roe v. Wade.

The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.

As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.

Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.

Figure 4: Source: Yahoo Images; A woman depicted behind bars. Overturning Roe v. Wade would criminalize abortion in certain states, and some states even have laws that would press felony charges on medical professionals who provide aid in the abortion process. These consequences disproportionately impact women of color.

The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.

The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans

I wanted to include this image to showcase how passionate people on the anti-abortion side really are about this issue.
Figure 5: Source: Yahoo Images; An image depicting women from an anti-abortion rally, holding signs that read, “Repent. Abortion is a sin against God,” with chalked outlines of fetuses occupied by women protestors.

The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms  stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy.  This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.

Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.

Other rights that may be threatened by the overturning of Roe v. Wade

Figure 6: Source: Yahoo Images; Other rights under attack from the overturning of Roe v. Wade include LGBTQ+ rights like same-sex rights, and the right to contraception, and even challenge the livelihood of sex workers.

Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.

One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.

While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.

Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.

So, Where Do We Go From Here?

I wanted to include this because so many times, people always like to remind a woman what her "place" in society is. This is the perfect message for those people.
Figure 7: Source: Yahoo Images; A protestor holds a sign that reads,” A Woman’s Place is in the Resistance.”

Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.

On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.

Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.

Unionization in America

With the flick of a finger the dominoes fall, an endless chain reaction until the last domino falls. The biggest domino chain set up in the United States is the wave of unionization. While the first few dominoes have fallen, it remains unclear as to if this chain reaction will run a full course.

Taught to many school children as something akin to a collective effort to get have a test date shifted, unionization is a topic quickly brushed over in K-12 education.

Dominoes falling in a chain reaction. Source: Yahoo Images

Unionization is the process of organizing workers into labor unions. Labor unions are groups of laborers who form a collective that advocates for the protection of laborer interests in negotiations. Largely viewed as positive in international conversations regarding workers’ rights, labor unions are considered to be structures that have proven themselves to adequately support worker interests ensuring greater quality of life and quality of work support time and again.

Unionization in America Now

From Amazon to Starbucks, unionization efforts since the beginning of the pandemic have slowly but surely begun to gain steam. Though efforts in Bessemer, Alabama have yet to lead to unionization, despite a re-vote, an Amazon warehouse in Staten Island created the first Amazon worker-led union.

The efforts to revitalize the unionization movement are courtesy to the pandemic’s Great Resignation as much as they are to the increased waves of college educated people taking on more atypical middle-class jobs that often fail to align to their formal educational background and skill set. This change has brought upon waves of fair treatment demands bringing in the biggest labor movement in decades. This is reflected by the striking 60% increase in petitions received by the National Labor Relations Board filing for union elections.

Four hands rest on a tbale. The hands are different skin tones. The hands lie with palms flat on the table.
Four hands lie on a table, close together. Source: Unsplash.

This trend is promising, but may die out, a problem attributed to the particularly volatile relationship between companies and unions—something considered unique to the US.

American Unionization History

Strongly emerging in the 1930s with 10% participation to the stronghold of the 1950s with nearly a third of eligible workers taking part in unions, with companies able to hold court-backed claims of private property and profit along with an emphasis on maximizing shareholder value, the presence of unions has dramatically decreased since the 1970s and 80s. Rather than a redistribution of wealth, the gap between the rich and the poor has increased substantially.

The main issue for the source of animosity between unions and companies boils down to a bottom line—literally. America’s capitalist economic structure has been set up to nicely meld with the strong Constitutional focus on privatization of property and profit. With court-backed rulings in favor of these Constitutional rights, labor unions can be easily portrayed as company enemies and something even worse: un-American.

Unionization Globally

The twist lies in that in international human rights documents and organizations that the United States has taken part in the ratification of or agreed to be a part of strongly support unions and a culture behind worker well-being.

There is ample groundwork laid out in Article 22 of the International Covenant on Civil and Political Rights (ICCPR), Article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and Convention No. 87 and 98 of the Internal Labour Organization that speaks to a significantly stronger culture of protection and even support of unions. In the way that labor unions are portrayed at an international level, it becomes clear that prioritization of workers’ rights and support is paramount.

Various placards with the names of different nations sit atop the the surfaces of many rows of tables. One table is more raised in the back than the other tables up front.
The names of various countries sit atop tables. Source: Unsplash

Looking to the Future

While a culture change is possibly the most important step that must be taken domestically to get the US on par with its global neighbors, the first step in ensuring that unions are treated equitably and given the opportunity to grow is through formal legislation. The Protecting the Right to Organize (PRO) Act of 2021 passed the House, but its movement stopped there. This act would’ve tackled many loopholes in US law that limit organizing and would bring the nation closer to international standards. As of right now, it remains unclear if the PRO Act will make a reappearance in Congress, but with the rise of unions across the nation, from Starbucks to Amazon and beyond, there is the hope for a better future for unions.

 

Exploring “Don’t Say Gay” Bills

Pride Month will look different this year. Large corporations have begun their rainbow themed merchandise sales and included short LGBTQ+ focused ad campaigns, but the typical Twitter decries are in short supply.

Seven years have passed since the incredible expansion of human rights, specifically LGBTQ+ rights, within the United States with the Supreme Court ruling in Obergefell v. Hodges. This ruling secured the fundamental right to marry for same-sex couples through the Due Process and the Equal Protection clauses of the Fourteenth Amendment. This case brought in waves of support for the LGBTQ+ population and led to greater well-being and life satisfaction for members of the community.

A small crowd of people gather behind parade barriers. One person with a Pride themed bandana holds up the Pride flag.
People behind blocked off space holding up a Pride flag. Source: Yahoo Images

With the recent leaking of Justice Alito’s opinion on an overturning of Roe v. Wade, there is a panic that Obergefell v. Hodges and Lawrence v. Texas, which determined that criminal punishment for acts of sodomy was unconstitutional, are speculated to be under threat to be overturned. While only time will tell whether there is a reversal of these rulings, a more pressing threat to LGBTQ+ rights is spreading like wildfire.

Bill Content

The emergence of “Don’t Say Gay” bills across roughly a dozen states serves as the new hurdle in the endless marathon of a fight for LGBTQ+ rights. Originating in Florida where it was signed into place by Governor Ron DeSantis under the name of “Parental Rights in Education”, this bill stops discussion of gender and sexual orientation in classrooms ranging from kindergarten to the third grade and also penalizes discussion of sexual orientation and gender is not presented in an age-appropriate manner. Violation of the bill by educators or an educational institution is ultimately determined by the parents and is grounds for a lawsuit. Additionally, parental provisions included in bills similar to Florida’s  require parental notification about any health or support offered to their child, giving parents the right to deny services for their children.

Florida’s bill passage was only the beginning. More states like Alabama, Ohio, Louisiana, and more have made the move towards passing and signing similar bills. Politicians like DeSantis claim that bills like these support parents in determining how they introduce their children to the topics of sex and gender, and facilitate “education, not an indoctrination.” States like Alabama have gone even farther in their measures regarding LGBTQ+ youth, specifically trans youth, aiming to limit healthcare access for individuals seeking gender-affirming care. Much of the debate revolves around this kind of political justification of the bills and where America draws the line between LGBTQ+ discrimination and parental and state control of education.

The reality of the situation is one that educators and those from the LGTBQ+ community have elaborated upon time and again as sister bills have emerged from various states. Succinctly put by Arjee Restar, assistant professor of epidemiology at the University of Washington, to NPR, “The institutionalization of these bills is an overt form of structural transphobia and homophobia, and it goes against all public health evidence in creating a safe and supportive environment for transgender, nonbinary, queer, gay and lesbian youths and teachers to thrive.”

Florida Governor Ron DeSantis signs the "Don't Say Gay" bill. He is seated and surrounded by young children wearing uniforms as well as some adults who stand more in the back.
Florida Governor Ron DeSantis signs the “Don’t Say Gay” bill. Source: Yahoo Images

Potential Bill Effects

LGBTQ+ youths already face relentless stigma and hardship in the process of loving who they are and feeling comfortable sharing that. In fact, according to the Trevor Project, ‘the world’s largest suicide prevention and crisis intervention organization for LGBTQ (lesbian, gay, bisexual, transgender, queer, and questioning) young people’, estimates that roughly one LGBTQ+ youth attempts suicide every 45 seconds. Additionally, due to the intersectional nature of identity, LGBTQ+ POC youth are speculated to face even higher rates of suicide, mental health conditions, and more. When compounded by critical race theory legislation, these “Don’t Say Gay” bills could negatively effect LGBTQ+ people who face intersectional difficulties in existing.

The “Don’t Say Gay” bills have the potential to exacerbate societal stigma by formally institutionalizing trans- and homophobia by moving towards educational erasure of this population. They also create the potential for familial discourse that could jeopardize a child’s well-being. According to The Trevor Project, the parental provisions section of bills like Florida’s “appear to undermine LGBTQ support in schools and include vague parental notification requirements, which could effectively require teachers to ‘out’ LGBTQ students to their legal guardians without their consent, regardless of whether they are supportive.”

Furthering the concept of family and what role it has to play in youth education, educators bring to light that while gender and sexual orientation may not often be present in forthcoming ways, family certainly is. And with the ruling of Obergefell v. Hodges, more children come from LGBTQ+ families and may have more than one parent of the same gender. The question this situation produces is to what extent this bill really controls education and where do the boundaries lie in state-control over topics that are are fundamental to a child’s lived experience.

An LGBTQ+ family with a small baby walks through some area that is blurred. One person with long, dark hair carries the baby in a front baby carrier, while the other person has short hair and looks on at the other adult with a smile.
An LGBTQ+ family with a small baby. Source: Yahoo Images

What You

While the effects of these bills is yet to be determined, as of right now, lawsuits and court intervention appear to be the only routes to navigate through undoing this legislation. If you feel called to support the plight of the LGBTQ+ population, please consider the following:

1. Donate to LGBTQ+ affirming spaces and support networks like The Trevor Project.

2. Write letters to your state representatives relaying your support of LGBTQ+ visibility in the classroom and urging for either the prevention of a “Don’t Say Gay” bill or the reconsideration of a politician’s support for one.

3. Check in with people in your life who may be affected by such a decision.