Minority Rights – Page 13 – UAB Institute for Human Rights Blog

Disability Laws: The Power of Policy

Laws and policies not only reflect policy-makers’ knowledge about cultural norms but laws and policies also actively shape our cultural norms as well (Benabou & Tirole, 2011). Inclusive laws and policies may negate the reinforcement of discrimination of marginalized groups by changing attitudes towards said groups over time. This is especially true of the disability community. Prior to the enactment of inclusive policies, persons with disabilities could be legally and explicitly discriminated against in the fields of education, medicine, and employment. Persons with disabilities still face discrimination, but the following laws make strides toward shaping the United States into a more inclusive for persons with disabilities, and these laws have played a key role in shaping cultural norms regarding these issues.

Civil and political rights are protected by many different laws for all Americans; however, key pieces of legislation pertain specifically to persons with disabilities. Currently, three major federal laws protect persons with disabilities in the United States: the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA) of 1975, and the Americans with Disabilities Act (ADA) of 1990. Additionally, the United Nations also has implemented the Convention on the Rights of Persons with Disabilities (CRPD), an international commitment to promote accessibility on the global scale.

The Rehabilitation Act of 1973

The Rehabilitation Act was the first piece of civil rights legislation to explicitly identify the rights of persons with disabilities and outlaws the discrimination on the basis of disability in Federally-funded programs. This includes barring programs conducted by Federal agencies, programs receiving Federal financial assistance, and Federal employment from discriminating against persons with disabilities.

The Rehabilitation Act also:

Defines persons with disabilities as those who have a physical or mental impairment that limits a major life activity, such as walking, seeing, hearing, speaking, learning, or working.
Gives students with disabilities the right to appropriate education.
- ‘appropriate education’ is defined in this context as education that meets the unique educational needs of a student.
Requires parents must be notified if their children are tested for learning difficulties, are identified as having a disability, or placed into special education programs. Parents are also given the option to object to their child’s evaluation results through a formal, impartial hearing.
Mandates students with disabilities should be educated with their non-disabled peers when appropriate.

The Individuals with Disabilities Education Act (IDEA)

The IDEA requires children with disabilities receive a free and appropriate education in the least restrictive environment appropriate to their individual needs and provides financial incentives for public education institutions complying with federal disability laws. IDEA also requires the implementation of Individualized Education Programs (IEP’s) for each child. These programs are developed by a team of individuals knowledgeable about the child’s situation (typically the child’s teacher, the parents, the child, and oftentimes an agency representative who is qualified to provide special education) and are required to be reviewed annually.

The Individuals with Disabilities Education Act also:

Protects children (up to age 21) deemed eligible for special education services.
Allocates funds assisting states and other education agencies to meet special education requirements.
Requires children in special education programs have a written IEP.

Statue holding the scales of justice — Scales of Justice, Creative Commons

The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications and also applies to the United States Congress.

The Americans with Disabilities Act also:

Prohibits explicit discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment and restricts questions that can be asked about an applicant’s disability before a job offer is made for employers who possess more than 15 employees.
Requires employers “make reasonable accommodations to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship”(29 CFR Parts 1630, 1602 (Title I, EEOC)).
Requires state and local governments follow specific architectural guidelines in the new construction and alteration of their buildings.
Provides a telephone hotline if disability-related complaints need to be filed. These complaints are filed with the Department of Justice, who may provide mediation programs if necessary.
Requires all public transportation services (such as city buses and public rail transit) are fully accessible.
Requires common carriers establish interstate and intrastate telecommunication relay services 24 hours a day, 7 days a week.
Requires closed captioning of federally-funded public service announcements.

The Convention on the Rights of Persons with Disabilities (CRPD)

The CRPD and its Optional Protocol were adopted by the United Nations in 2006. With 82 signatories to the Convention, 44 signatories to the Optional Protocol, and 1 ratification to the Convention, the CRPD has the highest number of signatories in history to a United Nations Convention. It is also the first legally binding, international treaty protecting the rights of persons with disabilities. The CRPD is the first human rights treaty of the 21st century and is the first to allow both regional economic integration organizations and civil society are parties to negotiations of a Convention. The UN defines the CRPD as “a human rights instrument with an explicit, social development“. This document reaffirms persons with disabilities (not restricted to physical and/or visible disabilities) must enjoy all fundamental freedoms and human rights.

The Convention on the Rights of Persons with Disabilities also:

Is the fastest growing treaty in the history of the UN.
Embraces a human rights-based approach (HRBA) of disability. HRBA shifted the approach to disability from “objects” of charity, social protection, and medical treatment towards a doctrine of human rights, envisioning persons with disabilities should make their own decisions about life, the future, and claim rights on their own behalf.
Defines disability as an evolving and open concept.
Encourages the participation of civil society, particularly persons with disabilities and their related organizations. This follows the Convention’s slogan, “Nothing about us without us.”
Protects persons with disabilities from direct and indirect discrimination and provides reporting mechanisms if a person’s rights are violated within the context of the CRPD.

Disability laws connect, Mathew Hobbs, Creative Commons

Why Disability Laws and Policies are Needed

There are more than 1 billion people in the world are currently living with a disability; about 59.7 million of them live within the United States. Batavia (2001) asserts civil rights legislation, such as those aforementioned, open doors for persons with disabilities that were otherwise sealed shut while also normalizing persons with disabilities in the workplace and beyond. It is apparent that such legislation has moved the United States and the world toward a more inclusive and accessible world, but there is still work to be done. Batavia (2001) points out less than 20% of complaints filed under the ADA end up ruling in favor of the defendant. This is the typical average for complaints filed under anti-discrimination laws in the United States; however, Batavia also argues the percentage for the ADA specifically should be much higher due to the uniqueness of each individual disability and necessary accommodations for them. Society oftentimes reinforces views of persons with disabilities as a ‘burden’ or ‘incapable’; one way to break these negative stigmatizations is via policy and respecting those policies as citizens.

If laws are changed, then public opinion toward a particular subject may change along with it. However, this change takes time; when sodomy was decriminalized in the United States in the 1950s, public opinion on same-sex and other queer couples began to shift. The shift over time pressured the Supreme Court to rule in favor of Queer Rights when same-sex couples gained the right to marry in 2015. The LGBTQ+ community still faces many obstacles today, but they are substantially less than those faced before favorable legislation was passed. Without a tireless effort, laws such as the ADA or the CRPD may have taken a much longer time to manifest. These efforts must continue in order to eradicate the stigma surrounding persons with disabilities.

References:

Batavia, Andrew I., and Kay Schriner. “The Americans with Disabilities Act as Engine of Social

Change: Models of Disability and the Potential of a Civil Rights Approach.” Policy

Studies Journal 29.4 (2001): 690-702.

Benabou, Roland, and Jean Tirole. Laws and Norms. No. w17579. National Bureau of

Economic Research, 2011.

Keep up with the latest announcements related to the upcoming Symposium on Disability Rights by following the IHR on Facebook, Twitter, and Instagram.

ADA: Civil Rights Legislation for All

* This is a repost from summer 2017

by ABBY ROSS

July 26 1990 ADA Signing Ceremony — July 26 1990, Signing of the Americans with Disabilities Act. Source: United Spinal Association

Today marks the 27th anniversary of the signing of the Americans with Disability Act (ADA). This was a truly groundbreaking piece of civil rights legislation that finally took permanent steps towards ensuring equality for all Americans. The ADA requires private and public entities to not discriminate against people with disabilities, and was crafted with the goal of integration in all aspects of society – employment, social settings, government, transportation, and beyond.

James Weisman, President & CEO of United Spinal Association – a nonprofit dedicated to enhancing the lives of people with spinal cord injury/disorder – has been a disability rights attorney for nearly forty years and had significant involvement in drafting portions of the Americans with Disabilities Act. He sued New York City as a young lawyer over inaccessible buses and subway stations. The implementation of mandatory bus lifts and key subway stations with elevators for wheelchair access were direct results of his lawsuit. This became the basis of the transportation sections of the ADA, and created a precedent across the country giving individuals with physical disabilities access to transportation and thus increasing independence.

Unbeknownst to Weisman, it was just the beginning of his advocacy work specifically related to transportation accessibility for wheelchair users. In the 1990s, United Spinal Association again brought litigation against the City of New York this time related to curb ramps – the corner of sidewalks that are altered to allow wheelchair users and parents with strollers to access the sidewalk from the street. The City was ordered to install ramps on all sidewalks and some twenty years later is still working to fully complete the project. He works on wheelchair accessibility in the taxi and transportation realms with companies like Uber and Lyft. With technology transforming transportation services, he remains committed to ensuring that accessibility is a priority from design to implementation across the transportation industry. Transportation is only a slice of the work that he has been involved in throughout the last forty years as disability rights truly extend to every aspect of an individual’s life. I wanted to hear his thoughts on this important anniversary, forty years of activism as well as reflections on today’s disability rights movement.

Senator Tom Harkin, ADA Sponsor & James Weisman at the NYC ADA25 Disability Pride Parade. Source: United Spinal Association

AR: What is the connection between disability rights and human rights?

JW: Disability rights has always been the bastard child of the rights movement. There is no real “ism” attached. Ableism is the closest thing but that is not definitive. Disability is in every group. There is no country, population or demographic that doesn’t include people with disabilities yet they still can face the hallmark issues of human rights discrimination. Poverty, isolation, inadequate healthcare, underemployment and exclusion are all barriers to independence and equality. People with disabilities face these issues day in and day out.

AR: Where do you see disability rights discussions and action moving in the future?

JW: For a few years, we were making significant progress across the board but with the new administration, we are back to basic rights. Now, the choice to live in the disability community is gravely threatened. Funding for support services that would allow people with disabilities to live independently, work, go to school, shop, go to the movies – live a “normal” life – is being slashed and the impact is tremendous. The proposed changes to healthcare would also have a dramatic effect on quality of life, self-sufficiency and frankly, life expectancy for severely disabled individuals. Simply staying alive is becoming a goal of advocacy again.

Apart from these issues of the day, which will likely always be present in some form, mental health stigma is the next biggest issue and will take the most work to overcome. The complexity of diagnoses and treatments paired with the lack of education and familiarity has created enormous barriers and misunderstanding.

And of course, transportation is always an issue. Innovation must include accessibility. Every new modality should be accessible from inception. – in 2017 it is ridiculous to even consider developing technology that wouldn’t include everyone and consider an aging population in design.

AR: Where have you seen the most progress in disability rights in the last 27 years?

JW: Without a doubt, it is the built environment. Physical accessibility is the easiest to measure, quantify, regulate and learn how to fix. There have been amazing advancements in what is considered normal in terms of building design and features. Automatic entries, lever style door handles, accessible restroom stalls – all things many people don’t even notice but are essential for wheelchair users and others with mobility impairments.

James Weisman and Ian Ruder at United Spinal’s Roll on Capitol Hill Advocacy Event, 2012. Source: United Spinal Association

AR: In your opinion, what is missing from the movement?

JW: Collective identity with the rest of the country. People with disabilities are a tremendous minority group but generally not understood or engaged in the same respect that the able-bodied public is in terms of employment, education, media, advertisers, athletics, etc. Society seems to perpetually need to be re-educated about disability. The image of people with disabilities used to range from heroic to pathetic – that has changed and I believe now ranges from needy to competent but continues to be somewhat one dimensional. For instance, the wheelchair user who is the leading man’s best friend but not the leading man. One in five Americans have a disability. – We all have a friend, uncle, neighbor or colleague with a disability that we consider “our disabled guy” – we know they operate in the world, go to work, school, church, buy groceries and socialize but somehow our personal experiences are not extrapolated out to our experiences with the greater disability community.

To some degree we are missing the next generation of disability rights leaders. Many of my colleagues have been involved in these battles for thirty years or longer when the fights were about the basics – access to buildings, transportation, education. Fortunately, we have progressed since then to more sophisticated issues but there are still barriers on many fronts. The next generation of leaders will need to understand the history of the movement, the landscape of the challenges and the best possible outcomes for the disability community. We have so many bright individuals, disabled and able-bodied, that are doing wonderful work around the country – I am sure that the disability rights movement will be in good hands.

AR: What lessons have you learned in your decades of disability activism?

JW: Good ideas eventually come to fruition. It just takes time. You must keep them on the table, keep talking, keep pushing. Nothing changes if you don’t push. That often means you lose and it is one step forward three steps back but I’ve seen dramatic change in a relatively short time so I know it can happen.

Bias goes away if you expose it. Again, not necessary quickly and not completely, but every little bit helps.

I’ve found that it is extremely rewarding to be a part of this community and social fabric. I have developed extremely meaningful relationships through my work in disability rights. It is a very effect way to mature as a person – to understand the grand scale of the movement and issues as well as the microcosm of individual struggles and concerns.

AR: Finally, why should disability rights matter to every American?

JW: Dependence is expensive. Way more expensive than independence. Dependence is person specific and labor intensive whereas independence often requires only one-time investments. Motorized wheelchairs, building alterations and other assistive technologies certainly aren’t cheap but are essential tools for personal liberty. The goal of the Americans with Disabilities Act and the goal of all the work that we do around rights is simple – to give opportunity. I always say that the greatest opera ever written or the cure for cancer or other remarkable achievements may be locked in the head of an individual with disabilities who without the services, tools and right to independence will never have the opportunities they deserve to share, create and succeed. Do we want to pay to take care of everyone when the alternative – increasing access to education, employment and opportunities is by far the better alternative?

Disability rights are human rights. People with disabilities are individuals of all ages and backgrounds who are striving to be independent and active participants in society. They are moms, colleagues, wounded warriors, uncles, kids with big dreams, best friends and neighbors. They have families, jobs, hobbies, likes and dislikes and problems and joys. While the disability is an integral part of who they are, it alone does not define them.

Abby Ross is the Chief Operating Officer of United Spinal Association headquartered in NYC.

James Weisman was the General Counsel of United Spinal Association for 35 years prior to becoming President & CEO in 2015.

The History of the Universal Declaration of Human Rights

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

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

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

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

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

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

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

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

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

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

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

Free and Uneasy

by Mary Johnson-Butterworth

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

I am humbled to meet you

In a place defining legacy as atrocity.

Here in a cubicle with the glass between us,

I learn your stare before I sit;

Your stagnant gaze stings like lashes.

Lashes–but what do I know of lashes?

In terror, I reach for the receiver

While you do the same.

You introduce yourself to all who call

With a show of strength in sepia

As you share yourself on video.

Terror—but what do I know of terror?

You tell me of your bleak and solitary plight,

Of the fight with your tortured soul,

Of your twelve years in a cell alone

With no human breathing near you.

I have suffered my own confinements.

Solitary—but what do I know of solitary?

You speak of an exploration within–

Within your hourless term,

A timelost search for your voice

Within the breadth of your mind,

A mind that ever evades capture.

Capture—but what do I know of capture?

You proclaim the poem of your truth,

Well-versed in human pain,

Words meting out the inner you.

I listen with my newfound poet’s ear

To the meaning of your life.

Pain—but what do I know of pain?

Shocked by our common shred,

I return the receiver to the still shot

Of your shackled silence.

What reverberates for me now

Is of words you set aloft and free.

Poetry—for we two know of poetry.

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

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

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

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

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

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

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

International Day of Persons with Disabilities 2018

Today, December 3, 2018, is the International Day of Persons with Disabilities (IDPD), an observance promoted by the United Nations (UN). This year’s theme, “Empowering persons with disabilities and ensuring inclusiveness and equality,” accommodates the 2030 Agenda for Sustainable Development’s pledge to “leave no one behind” which envisions sustainable urbanization, namely through a smart-city approach that prioritizes digitalization, clean energy, technologies, and service delivery. Such ambition is salient to persons with disabilities because, above all, achieving these goals will result in communities that are more accessible and inclusive for everyone.

It is argued the main contribution to why persons with disabilities have been excluded from public life is the practice of the medical model of disability (MMD) which embraces the perspective of non-disabled persons, reducing persons with disabilities to dysfunctional people in-need of medical treatment, with emphasis on normative functioning of the body. As a result, persons with disabilities are often assigned a sick role that exempts them from activities and expectations of productivity, leaving them as passive recipients of medical goods and services. These medicalized expectations of normality, restoration, and functional independence can devalue the lived experiences of persons with disabilities, thus inviting discrimination into their daily lives.

On the contrary, the social model of disability (SMD) challenges the knowledge/power differential employed by medical authorities and suggests empowerment for persons with disabilities, ultimately strengthening the patient role and influencing changes in treatment paradigms. Furthermore, the SMD argues that social practices are what disable persons with impairments, placing many persons with disabilities into isolating circumstances and preventing full civil participation. Whether it be employment in Alabama or being a refugee in Kenya, the SMD challenges the MMD by suggesting persons with disabilities are an oppressed group that experiences discrimination and deserving of equal treatment.

On December 13, 2006, the UN adopted the Convention on Rights of Persons with Disabilities (CRPD), an international agreement which details the rights of persons with disabilities and lists codes for implementation, suggesting both states and disabled people’s organizations (DPOs) are to coordinate to fulfill such rights. In the following years, nations spanning the globe have ratified the CRPD, such as Jordan (2008) and Ireland (2018), thus strengthening protections for persons with disabilities. Although the United States is one of the only nations to have yet ratified the CRPD, this international document is largely modeled after the Americans with Disabilities Act (ADA), signed in 1990, which prohibits discrimination toward persons with disabilities. As a result, we are only seeing the beginning of what is to come for accessibility and inclusion for persons with disabilities, both domestically and globally.

Disabled people celebrate the passage of The Rights of Persons with Disabilities Bill, 2016 by the Lok Sabha, in New Delhi. Source: Hindustan Times, Creative Commons

To commemorate IDPD 2018, the Institute for Human Rights is holding a blog series today that addresses access, inclusion, and representation for persons with disabilities, namely through the influence of media and power of politics.

“Let the shameful wall of exclusion finally come tumbling down.” – George H.W. Bush at the signing of the ADA

Give Me Your Tired, Your Poor: The U.S. Refugee Crisis

On Monday, November 12, the Institute for Human Rights co-sponsored an event with local education, faith-based, and law organizations at Birmingham-Southern College (BSC), titled Addressing the Global Refugee Crisis – Part 2: Focus on the United States. The panel discussion, moderated by Anne Ledvina ( Associate Director at BSC – Ellie and Herb Sklenar Center for International Programs), included Yanira Arias (Campaign Manager at Alianza Americas), April Jackson-McLennan (Attorney at The Law Office of John Charles Bell, L.L.C.), Sarai Portillo (Executive Director at Alabama Coalition for Immigrant Justice), Roshell Rosales (Member at Adelante Alabama Worker Center), and Jessica Vosburgh (Executive Director at Adelante Alabama Worker Center), addressing the Central American migrant caravan, definitions of immigration law, and Alabama’s role in the current refugee crisis.

From left to right: Anne Ledvina, Jessica Vosburgh, Roshell Rosales, and April Jackson-MacLennan pictured on the discussion panel. Source: UAB Institute for Human Rights

Arias and Portillo first addressed the audience by speaking about the recent events in Mexico City where many Central American caravan refugees were staying in a stadium serving as a makeshift camp. Here, many tenants camped on the field or slept on the bleachers, received medical attention and waited in line for basic resources, such as water, that had limited availability. Not only does Portillo assist migrants in her birthplace of Mexico but heads the Alabama Coalition for Immigrant Justice (ACIJ), a grassroots network of six non-profit organizations and various individuals dedicated to protecting and advancing immigrant rights by developing leadership, aligning with other justice causes, encouraging civil participation, and advocating for just policies. Arias’ organization, Alianza Americas, which is a national network serving Latino communities, is currently facilitating donations for Central American caravan refugees through the Refuge for Families Campaign.

Vosburgh then initiated discussion around the narrow qualifications for refugee status and mentioned the disproportionate effects of being an LGBTQ refugee such as allocation to immigration facilities based on birth-assigned gender and sexual exploitation. Additionally, Vosburgh insisted the United States plays a unique role in creating refugees, namely through the war on drugs and neoliberal economic policies which perpetuate destabilization in the Global South. Vosburgh heads Adelante Alabama Worker Center, a Hoover-based organization dedicated to uniting low-wage and immigrant workers as well as their families for defending and promoting human, namely labor, rights in vulnerable communities. Adelante offers a myriad of programs, including the Accompaniment Program, which matches volunteers with community members to assist with transportation to court hearings as well as probation appointments, as well as English classes and legal representation. Additionally, Roshell Rosales, an Adelante member and Montevallo University sophomore, spoke about her experiences as a Dreamer, including scrutiny from law enforcement and the opportunity to earn a scholarship through The Hispanic Interest Coalition of Alabama (¡HICA!).

Jackson-McLennan elaborated on the services provided by The Law Office of John Charles Bell, L.L.C., particularly their focus on affirmative asylum (obtaining asylum) and defensive asylum (defense against removal from U.S.) cases. Their services are salient to the region because not only is Alabama void of an immigration clinic, which often provide affordable legal services, but the political climate of the state often serves as a disadvantage to immigrants, speaking to the importance of their work. Also, due to predatory law practices in the Birmingham area, attorneys at John Charles Bell provide their immigration legal services on a low bono basis, meaning their assistance is accessible and affordable to potential clients.

Although these organizations do fascinating work to advance the rights of immigrants in the, every additional ally to the cause could be life-changing, whether it be through employment, housing, legal, or transportation assistance. Furthermore, our current political climate carries vestiges of anti-immigration efforts from the 20th Century when individuals and families, namely from the Jewish community, left their homes to escape conflict and faced persecution. As a result, more than 1,000 Central American refugees are at the U.S.-Mexico border in Tijuana, facing law enforcement with tear gas, pleading for a chance at a better life. Such a crisis speaks to our moral compass, not only as a country but global community, whose Universal Declaration of Human Rights, via the United Nations, demonstrates that everyone has the freedom of movement within each state (Article 13) and a right to a standard of living adequate for their health and well-being (Article 25).

If you’re interested in participating in the advancement of immigrant rights, both locally and globally, please mark your calendar for March 4, 2019 for the third installment of this series which will be held at Samford University and focus on a community action plan. Please stay tuned for more details.

Interconnection Among Dance and Human Rights

Two things, seemingly unrelated, have the ability to impact and reshape people’s lives.

Toni Shapiro-Phim worked at a refugee camp in Indonesia and Thailand, where a lot of people came from Vietnam and Cambodia. In Vietnam, many went through a horrific journey to arrive in Indonesia, while in Cambodia they were fleeing genocide. Something that connects these two countries is the ability to enlist in the arts as a way of survival and endurance. Many were drawing, painting, creating poetry, and dancing. You may ask yourself, what do the arts have to do with social justice? In regards to Cambodians, dance has to do with the “spirits of the land”; it is a way to connect to the “earth of Cambodia”. Dance is able to coexist during hardships and violence. They chose to find something beautiful amidst the chaos. Dance is a way to connect individuals with their community, create conversations, provide resources, and, most of all, create a sanctuary.

“When people are ground down by the inhumanity, danger and chaos around them, they choose to participate in a certain form of expressive culture because it is, at that moment, something they can’t live without.”

In Chile, there was a dictator by the name of Pinochet who managed to make people who were “enemies of the state” disappear. Women would go into the streets and dance the cueca sola, the country’s national dance as determined by Pinochet. The dance is traditionally known as a couple’s dance. However, the women altered the meaning of this dance by dancing alone. On their clothes, they had pictures of their loved ones that had disappeared. This bold statement led way to the end of the Pinochet regime. Dance has the ability to make a change and speak in a way where words are not needed.

In some countries, dancing is believed to be too influential and as a result, has been banned. Some of these countries include Japan, Sweden, and Germany. Many people are surprised to hear that Sweden has a dancing ban. You are not allowed to spontaneously dance. Bars and pubs have to get a license in order for people to dance. Japan had a similar ban which forbade dancing unless the venue had a license up until midnight. However, the ban was recently repealed. Dancing on Good Friday is forbidden in 13 of the 16 states in Germany. The dancing ban is called “Tanzverbot”. Although, in the three states where it is not illegal, there is still a ban until 9 pm on Good Friday. People found dancing will be fined. Specifically, in Baden-Württemberg, dancing is banned from Maundy Thursday to Easter Monday at 3 am. Dancing is also banned from Christmas Eve to Boxing Day at 3 am.

As Macaulay, a chief critic of the New York Times, said, “think globally, dance locally.”

FLEXN Evolution is an improvised dance performance that addresses racial equality and social justice. Their production, called “bone breaking”, focuses on being broken physically or emotionally and rebuilding yourself. Not only do these dancers use dance to express their pain, but they also use dialogue and photography. Before every performance, they have an event with a panel consisting of Common Justice (an organization that works with racial equality and crime survivors), scholars, and community leaders to hold conversations on the issue they are trying to advocate. In addition to the performance, there is a photo series of portraits of all the dancers. The purpose of these photos is to show people what it feels like to be in America – the good and the bad.

A topic that often comes up in the news is climate change. Here are three choreographers and their inspiring story on how they integrated dance with climate change.

Davalois Fearon choreographed a piece on water scarcity. Something that set her apart from other choreographers was how she used dance as a way to interact with the audience. Two dancers hand out cups randomly to some audience members, while a third dancer pours water in some of the cups. Fearon’s goal is to give the audience members an idea of what it feels like to be “denied a resource, overlooked and ignored.” The message doesn’t stop with the performance but continues on with a discussion. The discussion is meant to create a safe environment where people can talk about the issue and try to understand it.

The next artist, Jill Sigman, created a piece on disposability called the Hut Project. Her project focuses on creating hut that is made out of scavenged materials. She wants to go against societal norms of prizing things that are new and shiny and tossing out things that are old. By creating huts from materials deemed as old and useless, she shows people that there is beauty in things that we deem as disposable. She tells you to not be so quick to throw out things simply because they are old and goes on to reveal how things we discard have a story and are complex. Additionally, she hosts a conversation after the performance to talk more about the issue.

The third choreographer, Rulan Tangen, also uses dance as a platform to raise awareness about disposability. She creates discourse on how climate change is a symptom of injustice and people not respecting all forms of life. Currently, she is creating a piece on renewable energy from different perspectives such as cultural and practical. She even goes on to discuss the sustainability for the design of her dance production.

Climate Change. Source: Wikimedia Commons, Creative Commons

In Los Angeles, street dance activism is on the rise. In 2014, Ezell Ford, a black man with mental illness was shot by the police. Activist, Shamell Bell, camped out by the police department for days to request that the officers involved in the shooting be fired. She invited her friend Dashawn Blanks, a noted street dancer, to instruct social dances that were generated in black communities. Protestors, while there for an important cause, were also able to be cheerful while dancing because they were dancing for a cause but also for themselves. Another example is in 2012 when Trayvon Martin’s killer was found not guilty where people headed to Leimert Park to express themselves through dance. Eventually, the L.A. chapter of Black Lives Matter was produced and, in the following years, there have been numerous fatal shootings so Bell would orchestrate dance as a way to show a different way to protest. She also went on to form a group, called the Balance Collective, of both dancers and artists who fight “racism, police brutality, sexism, and homophobia”. “I teach because it’s not about me. I wish I could fade into the background,” Bell says. “This work is about us using art as a platform to save ourselves so we can save others.”

Dance is where people can use movement to portray inequities. Different social justice issues ranging from the environment to racial inequality can be addressed through dance. Never underestimate how powerful dance can be.

The Impact of Child Abuse

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

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

What is Child Abuse?

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

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

Effects of Child Abuse

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

Trauma and Child Abuse

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

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

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

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

The Cyclical Nature of Child Abuse

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

Child Abuse is a Human Rights Issue

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

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

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

Resources

Warning Signs of Child Abuse
State Child Abuse and Neglect Reporting Numbers
Resources for Adult Survivors of Abuse
Loving a Trauma Survivor (For individuals in a relationship with an abuse survivor.)

Not Just A Phase: Bisexuality, Invisibility and Invalidation

Of the identities that together form the full rainbow of the LGBTQ+ community, the “B” is one of the least visible despite its sizable population. Per the San Francisco Human Rights Commission, “self-identified bisexuals make up the largest single population within the LGBT community in the United States.” LGBTQ+ refers to all of the people who identify as lesbian, gay, bisexual, transgender, and queer (a reclaimed term used to refer to all other identities not represented by the ones listed). However, not all people feel represented by the word “queer,” and the plus sign is meant to be inclusive of those communities.

A pink, purple, and blue flag flies to represent bi pride. — “The bisexual pride flag.” Source: Peter Salanki, Creative Commons.

To understand the experience of bisexual people, one must first understand the basics of gender and sexuality. Gender is a term that describes the social representation of biological reproductive processes, while one’s gender identity is based on personal identities, or the “internal perception of one’s gender” (SafeZone Project). Gender is what most people attach words like “man” and “woman” to, but can encompass a variety of identities such as agender (one who does not experience gender identity), polygender (one who experiences multiple gender identities), and genderfluid (can experience a combination of gender identities depending on the day). Sexual orientation is the “sexual, romantic, emotional/spiritual attraction” that one experiences, often depending on which gender/genders that they are attracted to. Straight, gay, lesbian, bisexual, pansexual, and asexual are all examples of different sexual orientations, though a wide variety exists in addition to those listed.

Bisexuality (bi) does not have one all-inclusive definition, but the term “bisexual” generally refers to a person who experiences attraction to people of their own gender as well as people outside of their gender. The experience of bisexuality can be shared by pansexual people. The two terms overlap, as pansexual people experience attraction regardless of gender. Typically, one differentiates between the two identities with respect to how an individual identifies themselves; some bisexual people could technically be called pansexual (and vice versa), but the most inclusive practice is to respect each individual/community as they define their own experience.

Semantics aside, bi people have faced a long history of adversity with very little notoriety. Bisexuality as an identity has been chronically invalidated, demonized, and even blatantly ignored. Discrimination towards bisexual people has long been enforced by a heterosexual society, but many bi people have experienced discrimination from within the LGBT community as well.

According to the oldest bisexual advocacy organization in the United States, bisexual people are more likely to live in poverty, have higher rates of sexual and intimate partner violence, and report higher rates of poor physical/mental health than lesbian, gay or straight people. Research from the same source reveals that “bisexuals are six times more likely than gay men and lesbians to hide their sexual orientation,” and nearly one-quarter of bi people have never shared their orientation with anyone.

One might expect a stronger community backlash to this level of inequality, but biphobia is so pervasive that few dare to speak out. Biphobia, or the aversion to bisexuality, is experienced frequently by bisexual people while in the company of others who assume that they are either heterosexual or homosexual (depending on the bi person’s partner). Bisexuality is a unique identity in that a bi person is not defined by the gender of their partner, and this heteronormative invisibility is what makes the bi existence so difficult. UC San Diego’s LGBT Resource Center puts it this way:

“Lesbian, gay, and heterosexual people are invested, and find a sense of security in being the ‘other’ to each other, and unite in the fact that they are only attracted to either the ‘same’ or the ‘opposite’ gender/sex. This sets up another ‘us’ vs. ‘them’ dynamic which effectively marginalizes bisexual people as ‘other.’ Integral to this dynamic is the automatic assumption people can be defined by the gender/sex of their current or potential romantic interest.”

An openly bisexual person often experiences the condescending attitudes of those who think that it’s just a phase. Straight people assume that bisexuals will eventually revert back to heterosexual “normalcy,” while LGBTQ+ people may assume that the bi identity is merely a “half-gay, half-straight” phase that will culminate in a homosexual identity later on. However, research provides data to the contrary – a longitudinal study found that 92% of bisexual women still identified as bisexual over ten years later. To be clear, sexual orientation is not validated or invalidated based on its fluidity. This data only provides evidence that bisexuality can be a stable orientation. These attitudes are reinforced by the assumption that society is separated into a heterosexual norm and a homosexual other, leaving little room for the huge spectrum of sexuality that falls between gay and straight.

“C.D. Kirven with the Trans Pride Flag while Get Equal flies the Bisexual & Rainbow Pride Flags.” Source: Melissa Kleckner, Creative Commons.

The statement “I’m bisexual” can also lead down a different but equally terrible path – the inevitable, half-joking “That’s hot!” or “Oh, so you want to have a threesome?” The stereotype that bisexual people are hypersexual is both degrading and exhausting. “Hypersexual” stereotypes assume that certain people are more likely to frequently engage in sexual activity with a lesser degree of moral restraint; this stereotype is applied to many identities other than bisexuals, and is particularly common for black and Latina women. Far too often, the experience of coming out as bi in addition to the perception of hypersexuality ends in an unwanted sexual invitation that can be traumatic, particularly considering the high rate of sexual violence among the bi community. The can permeate and negatively affect bisexual relationships, as their partner may struggle with trust issues resulting from this widespread misrepresentation. Some people may even avoid relationships with bisexuals altogether for fear of infidelity.

Each of these experiences results in the invalidation of bisexuality. Being bisexual is valid in itself, not as a stepping stone to a different sexual orientation or as a prop to spice up your heterosexual love life. Additionally, bisexuality is not the easy way out. An assumption exists that, even if the bisexual orientation is valid, bi people will eventually settle down into an opposite-gender relationship in order to bypass social discrimination that accompanies an LGBTQ+ identity. However, bisexual people in heterosexual-passing relationships are still equally affected by discrimination, biphobia, and invalidation; “passing” as straight does not negate the hardships that are tied to the bisexual experience.

Biphobia, invisibility, and discrimination are some of the most subversive yet malicious tools that are used to maintain the societal fabric of heteronormativity. Limiting or invalidating the bisexual orientation only strengthens the gay/straight dichotomy that holds us all back from freely experiencing the full spectrum of sexuality and gender. It’s easy to proclaim that the system should change, but realistically, what can we do to reduce injustice for bi people? First, you should examine your own thoughts and attitudes towards bisexuality. It’s easy to be complicit in biphobia and erasure if you aren’t aware of your unconscious bias. If you find and acknowledge any prejudicial tendencies, challenge those thoughts. Don’t assume a person’s sexual orientation based on their partners – ask them! If you witness a casual biphobic joke, call it out instead of being silent. Make room for bisexual people within the LGBT community. Above all, respect everyone’s identity enough to support and validate the terms that they choose for themselves.