Food Insecurity: Ecuador and the Global Poor

Since 2014 and the COVID-19 pandemic, food insecurity has been steadily rising, with hundreds of millions being threatened by malnutrition and hunger. In 2020, above 30% of the global population was found to be moderately or severely food insecure. Food insecurity affects different populations in distinct ways, and in order to understand this more clearly, we examine Ecuador. Here, historical contexts have unique influences on food insecurity, but also, this nation exemplifies the reality that low-income nations face when combatting hunger. 

Facts and figures of food insecurity in Ecuador 

Hunger is an issue that is widespread globally and within Latin America and the Caribbean. In fact, researchers Akram Hernández-Vásquez, Fabriccio J. Visconti-Lopez, and Rodrigo Vargas-Fernández found that the region has the second-highest figures for food insecurity globally. The region is also predicted to be the fastest-growing in food insecurity rates. 

Ecuador is just one example of why food insecurity manifests and in which populations. The country is ranked second in the region for chronic child malnutrition: 23% of children under five and 27% of children lack access to proper nutrition. 

According to the Global Food Banking Network, an international non-profit focused on alleviating hunger, 900,000 tons of food are wasted or lost yearly in Ecuador. This is an alarming statistic considering that 33% of the population experienced food insecurity between 2018 and 2020 一 a threefold increase since 2014-2016. 

Economic conditions have only been heightened in the pandemic, leading to widespread protests across the nation by indigenous people demanding equitable access to education, healthcare, and jobs. In sum, indigenous people cannot afford to get by, exacerbating existing food insecurity.

A man holding a protest sign with a few people to the left.
Figure 1: Source: Flickr, Motoperu; Protesters holding a sign that says “No more injustice, eliminate lifetime presidential salaries,” Cuenca, Ecuador.

Maria Isabel Humagingan, a 42-year-old Indigenous Quichua from Sumbawa in Cotopaxi province described why she was protesting to Aljazeera reporter Kimberley Brown

“For fertilizer, for example, it used to be worth $15 or up to $20, now it costs up to $50 or $40. Sometimes we lost everything [the whole crop]. So we no longer harvest anything.”

During a time when global inflation is rising, it is the poorest people who are at the most risk. Even those who used to live on subsistence farming are vulnerable. The United Nations Food and Agricultural Organization (FAO) found that Ecuador’s food insecurity had risen from 20.7% to 36.8% in one year during the pandemic, and it is apparent that indigenous peoples are the most at risk during this time. 

This is not to mention the fact that during a time when global hunger is growing, there is a disproportionate impact on women. Ultimately, food insecurity, while complex and layered, is a mirror of the prejudices and inequalities of society. In order to better understand why and who is impacted, we first need to understand two components: is food available (production and imports), is the food adequate (nutritious), and is food accessible (affordability)? 

Factors behind food insecurity in Ecuador and beyond 

Environmental Racism 

Ecuador has a long history of environmental racism, and for the sake of brevity, we will be focusing on the practices of Texaco/Chevron and its impact on soil fertility. 

Victoria Peña-Parr defines environmental racism as,

“minority group neighborhoods—populated primarily by people of color and members of low-socioeconomic backgrounds—… burdened with disproportionate numbers of hazards including toxic waste facilities, garbage dumps, and other sources of environmental pollution and foul odors that lower the quality of life.”

From 1964 to 1990, Texaco (which merged with Chevron in 2001) drilled oil in the Ecuadorian Amazon. Over 16 billion gallons of toxic wastewater were dumped in water sources and unlined open pits left to seep into the soil and devastate clean water sources for people and agriculture. Additionally, 17 million gallons of crude oil were spilled in the disaster now known as “Amazon Chernobyl.” Ecuadorians, a good majority of which were indigenous peoples displaced from their land due to environmental destruction, levied a suit against Chevron which was won in February 2011. 

Indigenous people standing behind and looking at an open and unlined oil pit.
Figure 2: Source: Yahoo Images; Indigenous people overlooking one of 900 unlined, open oil pits from Chevron.

During the judicial process, 916 unlined and abandoned pits of crude oil were found. The human rights implications of this historic case and horrifying disregard for human and environmental safety are lengthy, in order to learn more read this blog by Kala Bhattar

With this brief background in mind, it is clear to see how this would impact agricultural production, particularly in rural areas where indigenous persons live. Moreover, Afro-Ecuadorians, while only making up 7.2% of the population, are 40% of those living in poverty in the entire country. Most Afro-Ecuadorians live in the province of Esmeraldas, one of the poorest in the country, where most people live off agriculture and “85% of people live below the poverty line.”

UN experts have found that this population is the most vulnerable to environmental racism, suffering from systematic contamination of water supplies and intimidation. 

As people suffer through the impacts of a ravaged environment, they must continue to rely on subsistence farming without aid. When crops fail to provide enough economically and for individual families, many go without in this impoverished region. 

Climate Change

Global warming is leading to changes in weather patterns that have a serious impact on agricultural production 一, particularly in low-income countries that rely on seasonal rains, temperature, and other factors. 

Climate change has also led to more severe and deadly disruptions, from hurricanes and earthquakes to monsoons, flooding, and mudslides. Ecuador has been suffering from these climate changes, despite only producing 2.5 metric tons of CO2 emissions per capita (the US comparatively emitted 5,222 million tons in 2020). 

Specifically, Ecuador has suffered from a lack of water, specifically irrigation water, landslides, droughts, and heavy rains. The last two aforementioned climate impacts are particularly salient issues as it has impacted seed development by not allowing them to germinate or produce

Image of a map with areas ranging from blue to deep red to indicate areas under threat by climate change. Latin America, Sub-saharan Africa, and Southeast Asia are the most threatened.
Figure 3: Source: Yahoo Images, Mannion, et al. in Trends in Ecology & Evolution; Worldmap where biodiversity is threatened the most by climate change.

In all, the consequences of climate change are having disproportionate effects on low-income states globally in spite of the that they have historically contributed very little to greenhouse emissions. The worst impacts are on nations surrounding the equator and countries with relatively hot climates 一 both of which tend to be low-income countries. 

Ukraine War

Due to the ongoing war in Ukraine, food prices have been rising. Ukraine is a leading wheat producer globally. It is the seventh-largest producer of wheat, supplies 16% of the world’s corn, and 40% of the world’s sunflower oil. In the summer of 2022, 22 million tons of grain were stranded in Ukrainian ports, causing mostly low-income countries to feel the growing threat of food insecurity. 

Additionally, Ukraine supplied 40% of the World Food Programme’s (WFP) wheat supply. The immediate impact of this is clear in the 45% increase in wheat prices in Africa alone, while any country that receives aid from WFP (which Ecuador has since 1964) is threatened directly by the situation. 

As food prices continue to soar, the price of food sold within lower-income nations remains the same, creating a gap between cost and production. The conflict has also led to increases in the price of fuel and fertilizer, leading to food insecurity in many countries beyond just Ecuador. The war in Ukraine has disrupted global food supply chains and led to the largest global food crisis since WWII

Hunger and the human right to food 

There has long been a precedent in the international human rights framework for the right to food, beginning with the first declaration (unanimously accepted) in 1948. In Article 25 of the Universal Declaration of Human Rights (UDHR), the right to an adequate standard of living is guaranteed to everyone with the express mention of food. Fast forward 20 years later, and once more, Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) reiterates (almost identically) the right to food. 

The ICESCR actually expounds further on a state’s responsibility to free everyone from hunger, specifically outlining that either individually or through international cooperation specific programs should be developed to address food insecurity and hunger. Moreover, the covenant addresses that food-importing and food-exporting countries should both be reviewed for problems that would impact the equitable distribution of food globally. Lastly, agrarian systems should be reformed to address nutrition and achieve maximum utilization and efficient use of agricultural resources.

 Image of a bowl with the words “Zero Hunger” from the 2015 UN Sustainable Development Goals.
Figure 4: Source: Yahoo Images, United Nations; Logo of the second Sustainable Development Goal to end hunger.

In 1999, the Committee on Economic, Social, and Cultural Rights convened to review the progress to end hunger. General Comment 12 reiterated the obligation of states to fulfill the aforementioned responsibilities. Most crucially, however, was the specific mention that states must immediately address issues of discrimination that plague food insecurity. In the case of Ecuador, it is clear that this remains a salient issue. 

Most recently, in 2015, during a historic UN summit, world leaders adopted 17 objectives to be achieved by 2030. Known as the Sustainable Development Goals (SDGs), the second objective is to create a “Zero Hunger” world by 2030. 

Conclusion: Fighting Food Insecurity 

According to the World Food Program, 60% of the world’s hungry live in areas afflicted by conflict. There is no simple way to end a conflict, but it is crucial that all states remember their commitments to the SDGs and ICESCR. This means that states need to step in to provide nutritious food when a home state will not or cannot. Just like Red Cross, journalists, and other humanitarian organizations are protected by international humanitarian law from being targeted in conflict, so too should persons ensuring food access to people. Moreover, countries should address the factors that contribute to food insecurity such as environmental racism and climate change. 

There is no one solution for this issue since there is no single cause. However, by refusing to accept these conditions, learning more about the causes and conditions of food insecurity, and demanding more, we can begin to bring about a world that truly is free from hunger.

  • Food Insecurity in Birmingham, AL by Mary Bailey
  • America: The Land of the Hungry by Kala Bhattar 
  • The Right to Food: A Government Responsibility by Zee Islam 
  • Donate to the World Food Program
  • Learn more and get directly involved with SDGs 
  • Follow @uab_ihr for Speaker events, blogs, and to learn more about supporting human rights locally and globally

 

A Non-Exhaustive Book List of Foundational Black Authors

**The content of the mentioned works below deals with racial, sexual, and gendered themes that may be difficult for some readers. Consider carefully before reading.**

Contested conversations and debates around literature, even books bans, are nothing new. Unfortunately, we find ourselves during a time when pushes for literary censuring are on the rise, with fervent calls to remove books with references to enslavement, sex, gender, or Queer people. In light of this, I wanted to present a list of only a few Black authors, some of which are women, Queer, or both, so that we can remember and learn from them, and never let anyone take their lessons from us.

W.E.B. DuBois

Cover of the book The Souls of Black Folk. Preeminent author W.E.B. DuBois.
Figure 1: Source: Simon & Schuster; The cover of one of W.E.B. DuBois’ books, The Souls of Black Folk.Figure 2: Source: Yahoo Images; An image of the preeminent author, W.E.B. DuBois. Preeminent author W.E.B. DuBois.

A founding member of the NAACP, W.E.B. Dubois is one of the foremost Black scholars of his era. He was the first Black American to earn a Ph.D. from Harvard University and went on to challenge notions by abolitionist Frederick Douglas and contemporary intellectual Booker T. Washington in his numerous writings and actions. Instead of promoting the ideology that Black people should integrate into White society or compromise rights to make small gains, DuBois loudly proclaimed Black pride.

In his seminal work, The Souls of Black Folk (1903), Dubois coined the now-famous term “double consciousness.” He discussed the irreconcilable double existence Black people lived through in America as both American and Black. Since then, the term has become a theoretical framework for understanding the dynamics of unequal realities and structures.

He attended the founding convention for the United Nations in 1944 and was a leader in the Pan-Africanism movement, organizing a series of Pan-African Congress meetings throughout the world.

He passed away at the age of 95 on Aug. 27, 1963, after moving to Ghana and acquiring citizenship there.

James Baldwin

Renowned author James Baldwin in a study. Cover of the novel, Go Tell it on the Mountain.
Figure 3: Source: Yahoo Images; An image of the author of several award-winning novels, James Baldwin. Figure 4: Source: Yahoo Images; The cover of James Baldwin’s first novel, Go Tell it on the Mountain.

Writing between 1953 and 2011, a mix of standalone novels, short stories, plays, poetry, and non-fiction books, James Baldwin is considered a quintessential American writer. As the grandson of an enslaved person, Baldwin’s work reconciled with the experience of being a Black man in White America. Born in 1924 in Harlem, New York, he was the oldest of nine kids and spent most of his time in libraries.

He spent three years in his stepfather’s profession as a preacher before moving to Greenwich Village and pursuing writing. Even though most of his work was embroiled in experiences of anger and disillusionment, Baldwin always advocated love and brotherhood.

After passing from stomach cancer at the age of 63 in 1987, Baldwin became known as one of the most vocal and prominent voices for equality. He is considered an essential, and enriching, part of the American literary canon.

Alice Walker

Cover of the novel The Color Purple. Acclaimed author Alice Walker holding a microphone.
Figure 5: Source: Yahoo Images; The cover of one of Alice Walker’s novels, The Color Purple. Figure 6: Source: Flickr, Photo credit to Virginia DeBolt; An image of acclaimed author, Alice Walker.

Alice Walker was born in 1944 in Eaton, Georgia. Her parents were sharecroppers and after a childhood incident that left her blind in one eye, Walker’s mother considered her more suited for writing than chores. This talent landed her a scholarship to Spelman College, whereafter she transferred to Sarah Lawrence College and earned a BA in Literature.

After graduating, she moved to Mississippi to join the Civil Rights Movement and married Melvyn Rosenman Leventhal; becoming the first interracial marriage in the state.

Walker is hailed for her rediscovery of author Zora Neale Hurston and her foundational role for Black women authors.

She published her first book of poetry in 1968, Once, and her first novel in 1970, The Third Life of Grange Copeland. Her most acclaimed work came in 1982, The Color Purple, wherein she explores gender, sexuality, and race. She continues to publish to this day and is widely regarded for her insightful portrayal of Black American life and culture.

Toni Morrison

Renowned author Toni Morrison. Cover of the novel, Beloved.
Figure 7: Source: Yahoo Images; An image of the author of several award-winning novels, Toni Morrison. Figure 8: Source: Yahoo Images; The cover of Toni Morrison’s first novel, Beloved.

Toni Morrison was born on February 18, 1931, in Lorain, Ohio. Though living in a semi-integrated area, Morrison experienced the cruel reality of racism. At two years old, their landlord set their apartment on fire with them inside when her family could not afford rent.

She turned her attention to reading and eventually attend the historically black institution, Howard College. There she was exposed to colorism and witnessed firsthand how racial hierarchies extended to skin pigmentation within the Black community.

Working within academia throughout the North and South, Morrison eventually settled in an editing career. Though she worked for publishing companies, she did not publish her first novel, The Bluest Eye (1970), until she was 39 years old. However, after (and like) this first work, each of her subsequent novels earned critical acclaim and several awards. In 1987, she released her most-known work, Beloved, which is based on the true story of an enslaved woman. The novel was on the Bestseller list for 25 weeks and won numerous awards, including the Pulitzer Prize for Fiction.

In 1993, Toni Morrison became the first Black woman to win the Nobel Prize in Literature and has also been awarded the National Book Foundation’s Medal of Distinguished Contribution to American Letters, National Book Critics Circle Award, and she was named a Living Legend by the Library of Congress.

As an internationally renowned author, Morrison has left a litany of insightful works from novels to plays and children’s stories. She passed away in 2019.

Ralph Ellison

Cover of the novel Invisible Man. Acclaimed author Ralph Ellison in a study.
Figure 9: Source: Yahoo Images; The cover of Ralph Ellison’s first novel, Invisible Man. Figure 10: Source: Yahoo Images; An image of the esteemed author, Ralph Ellison.

Ralph Ellison was born on March 1, 1914, in Oklahoma City, Oklahoma. He was the grandson of enslaved people. He only ever published one book during his lifetime, Invisible Man (1952), yet this book gained him national acclaim. After his death on April 16, 1994, his second novel, Juneteenth, was published in 1999.

Originally, Ellison had had dreams of becoming a professional musician and had enrolled at the Tuskegee Institute to do just that. However, after traveling to New York City during his senior year to earn funds for his final year, he met Richard Wright (author of the polemic novel Native Son). This, coupled with the onset of the Great Depression, prompted Ellison to embark on his writing career.

He wrote for the New York Federal Writer’s Program, an offshoot of the Works Progress Administration. After the outbreak of WWII, Ellison joined the U.S. Merchant Marine as a cook and began planning for what would become his infamous novel, Invisible Man.

When it debuted, it was on the Bestseller’s List for 16 weeks and won the National Book Award. Forty years later, the Nobel Peace Prize winner, Saul Bellow, stated, “This book holds its own among the best novels of the century.”

Zora Neale Hurston

Pioneering author Zora Neale Hurston. Cover of the novel, Their Eyes Were Watching God.
Figure 11: Source: Yahoo Images, Available from the United States Library of Congress; An image of the author of several award-winning novels, Zora Neale Hurston. Figure 12: Source: Yahoo Images; The cover of Zora Neale Hurston’s acclaimed novel, Their Eyes Were Watching God.

Zora Neale Hurston was born on January 7, 1891, in Notasulga, Alabama, U.S. She is a world-renowned author and one of the first students of the father of anthropology (Franz Boas).

She was the daughter of enslaved parents. At a young age, her family relocated to Eatonville, Florida where her father became the town’s first mayor, in what was the first all-Black incorporated town in the state.

Hurston earned her Associate’s from Howard College before she won a scholarship to Barnard College and graduated with a Bachelor’s in Anthropology. As a student in New York City, she met fellow writers like Langston Hughes and Countee Cullen and joined what is remembered as the Harlem Renaissance 一 a black cultural movement of arts, music, and literature.

She began publishing short stories as early as 1920, though was largely ignored by white mainstream literary circles (though she gained a large Black readership). In 1935, she published her debut novel, Mules and Men, and between 1934 and 1939 wrote three more works. Her most acclaimed novel is Their Eyes Were Watching God (1937) which incorporated her research and literary talents to focus on the life of Janie Crawford, a Black woman whose journey of self-discovery and identity takes her to many places.

She is a pioneering figure of modern anthropology and traveled to Haiti and Jamaica to study African diasporas. Moreover, she chronicled many Black folktales and dialects which she subsequently incorporated into her own writings. While this drew criticism from some contemporary figures, her work celebrated Black language and culture unabashedly.

Zora Neale Hurston passed away on January 28, 1960, in Fort Pierce, Florida. Zora Neale Hurston was long an unsung literary figure but after her rediscovery by author Alice Walker, her works have once returned to print.

Regarded as one of the founders of Black writing, particularly for Black women authors, Alice Walker has said:

“Her work had a sense of Black people as complete, complex, undiminished human beings and that was crucial to me as a writer.”

bell hooks

Cover of the novel Ain’t I A Woman? Black Women and Feminism. Acclaimed author bell books.
Figure 13: Source: Yahoo Images; The cover of bell hook’s first novel, Ain’t I A Woman? Black Women and Feminism. Figure 14: Source: Flickr, Photo credit to Kevin Andre Elliot; An image of the acclaimed author, bell hooks.

bell hooks, a pseudonym of Gloria Jean Watkins, was born September 25, 1952, in Hopkinsville, Kentucky.

She grew up in a segregated community in the American South which eventually informed her writing. She published her first work, Ain’t I A Woman? Black Women and Feminism (1981), while still an undergraduate at Standford University.

Her pseudonym was fashioned after her great-grandmother’s name in order to honor female legacies and she chose all lowercase letters because she wanted people to focus on the content of her books over her.

hooks was a progressive thinker and scholar whose work engaged with the intricate relationships of race, class, and gender as situated in systems of structural oppression and violence. She educated people on intersectionality well before it became a common word now (essentially pioneering the ideology itself).

She passed away on December 15, 2021, in Berea, Kentucky. You can find a selection of her works here.

Angela Davis

Acclaimed author Angela Davis. Cover of the book, Are Prisons Obsolete?
Figure 15: Source: Yahoo Images; An image of the author of several provocative books, Angela Davis. Figure 16: Source: Yahoo Images; The cover of one of Angela Davis’ acclaimed books, Are Prisons Obsolete?

Angela Davis was born January 26, 1944, in Birmingham, Alabama in a neighborhood known as “Dynamite Hill” for the numerous bombings committed by the domestic terrorist group, Ku Klux Klan. She is a philosopher, activist, and former Black Panther and political prisoner who was wrongly accused of participating in the killing of a prison guard after becoming involved in the Soledad Brothers campaign. After that, Davis went into hiding and was placed on the FBI’s Ten Most Wanted Fugitive List, making her the third woman to ever be placed on the list.

An international movement to “Free Angela” led to songs from artists like Yoko Ono, John Lennon, and the Rolling Stones. On June 4th, 1972, she was found not guilty of all charges.

Angela Davis continues her legacy to this day, giving speeches and continuing to write new works that discuss intersectionality, racial disparities and structural violence, and abolition, among a few topics. Her latest book was published in 2022 with her partner, Gina Dent, alongside Erica R. Meiners and Beth E. Richie titled: Abolition. Feminism. Now.

Find more of her works here.

Maya Angelou

Cover of the novel I Know Why the Caged Bird Sings. Celebrated author and poet Maya Angelou.
Figure 17: Source: Yahoo Images; The cover of one of Maya Angelou’s works, I Know Why the Caged Bird Sings. Figure 18: Source: Yahoo Images; An image of the celebrated author and poet, Maya Angelou.

Maya Angelou was born on April 4, 1928, in St. Louis, Missouri. She writes across several mediums as a memoirist, poet, author, playwright, and essayist. Her work explores themes such as economic conditions, race, and sexual oppression. She is also renowned for her unique and visionary autobiographical writing styles.

Angelou did not live with her parents full-time during her childhood as a result of divorce and other factors. When she returned from her grandmother’s care to live with her mother at the age of seven, she was raped by her mother’s boyfriend. He was jailed, and upon his release, was killed. Believing that she had somehow had a part in the death of this man, Angelou became mute for the following 6 years of her life.

Angelou displayed her literary talents from a young age but did not become a professional writer until much later in life, around when she joined the Harlem Writer’s Guild in 1959. She was also a prominent activist in the Civil Rights Movement and served as the North Coordinator for the Southern Christian Leadership Conference.

In 1969, she wrote one of her most famous works, I Know Why the Caged Bird Sings, which was an autobiography of her early life, exploring her experiences with sexual abuse. Many schools sought to ban this book as a result of these depictions, but numerous sexual abuse survivors have credited her work as telling their stories.

While she has earned numerous awards, including three Grammy Awards, for her writing she was awarded the National Medal of Arts (2000) and the Presidential Medal of Freedom (2010).

Maya Angelou passed away on May 28, 2014, in Winston-Salem, North Carolina after a long and fruitful career. You can find a list of her complete works here.

James Cone

Acclaimed author and theologian, James Cone. Cover of the book, A Black Theology of Liberation.
Figure 19: Source: Wikimedia Images; Dr. James Cone at the 174th Convocation of Union Theological Seminary in the City of New York. Figure 20: Source: Alex Yates; The cover of one of James Cone’s pioneering books, A Black Theology of Liberation.

James Cone is a highly influential figure who founded Black liberation theology, alongside, being an outspoken proponent of justice for the oppressed in society. He is known as one of the most widely regarded theologians in America, teaching at the Union Theological Seminary for 50 years and influencing generations of scholars. One such student is currently a senator for the state of Georgia, Rev. Raphael Warnock, who was elected in 2020 as the state’s first Black senator.

Born August 5, 1938, in Arkansas, he grew up during intense racial segregation during the 40s and 50s. Living under the threat of lynching revealed to Cone the immense spiritual and moral depth of Black people, especially as Cone’s own parents taught love over hate when confronted by racial injustice and threats. As a result of his personal experiences and figures such as Malcolm X and Martin Luther King Jr., Cone developed Black liberation theology to challenge the white hegemony of Christian teachings and understanding.

Black liberation theology is informed by six sources which can be summarized as the black experience (slavery, segregation, and lynchings), black culture and revelation, and tradition and scriptural interpretation. He is best known for his political and influential books, Black Theology and Black Power (1969), A Black Theology of Liberation (1970), and God of the Oppressed (1975).

He passed on April 28, 2018, at the age of 79. His latest memoir was written just prior to his passing and is titled: Said I Wasn’t Gonna Tell Nobody.

Octavia Butler

Acclaimed author Octavia Butler.
Figure 21: Source: Yahoo Images; An image of the acclaimed author, Octavia Butler

Octavia Butler was born in 1947 in Pasadena, California. She is an author of mostly science fiction novels in future settings, often incorporating unique powers. Her numerous works are known for their synthesis of science fiction, mysticism, mythology, and Black American spiritualism.

Not only was Butler the first Black woman to receive wide acclaim in this genre of fiction, but she was also the first science fiction writer to win the MacArthur “Genius” Award. She has also won several other awards including the Hugo, Nebula, and Locust awards.

In 1975, she published her first novel Patternmaster, which was quickly followed by Mind of My Mind and Survivor: This series is about humanity’s evolution into three separate genetic groups.

Her best-known work, Kindred, was published in 1975 and continues to be taught in high schools, universities, and community reading programs to this day. (There was even a recent television adaption on Hulu.)

Much like other Black women authors on this list, Butler’s work extends beyond race and explores the dynamics of sex and gender, challenging traditional gender roles in works like Bloodchild and Wild Seed. Octavia Butler passed away on February 24, 2006, in Seattle, Washington, but not before securing her legacy in her numerous works.

Conclusion

To learn more about book bans, read the article by Nikhita Mudium: “Book Bans in the United States: History Says it All.”

If you liked this book list, check out the list of contemporary Black authors here.

The American Education System and The Treatment of Disabilities in America: A History

An image with characters with various disabilities holding hands forming a circle around the words, "Diversity, Difference, Disability".
Image 1 – Source: Yahoo Images;

Even though 1 in 6 people around the world experience disabilities, they are often among the forgotten groups within our society. While people with disabilities today are living under better conditions than their ancestors, there is still a lot of progress needed to be had to ensure that people with disabilities can lead a life of dignity and independence, free from the stigma and failures of society’s ableist mindset. In this two-part blog, we will focus specifically on children with disabilities within the American education system, but before that, it is necessary to frame the historical context surrounding the American education system, and how disability in America has been treated as a whole. As a result, part one of this series will focus on setting the historical context, exploring the American Education System as well as the treatment of people with disabilities throughout American history. The second part of this series will focus on exploring the contemporary issues faced by children with disabilities and their families within the American Education System and learn about a human rights framework for disability rights.

History of America’s Education System

The Unequal Distribution of Knowledge

An image depicting young children posing in front of the heavy machinery they worked with inside the textile mills.
Image 2 – Source: Yahoo Images

Since the founding of this country is rooted in capitalism, patriarchy, and white supremacy, many groups of people have been historically denied access to education. Traditionally, children from poor backgrounds were expected to help their families on the farm or work in their family businesses to make ends meet. As the industrial revolution took hold, child labor transferred from the farms to the factories, and many industries, such as the textile industry preferred to employ children to exploit their minuscule features. The petite features of the children came into use when they were needed to get into tight spots, or when operating machinery that required smaller extremities. Child labor in America was not outlawed until 1938, meaning that many children from poor families were illiterate and disadvantaged in comparison with children from wealthier families, who could afford to educate their children instead.

In addition to the absence of child labor laws, the patriarchal structure of American society deemed it more important for boys and men to be educated than their female counterparts. While poor families were denied access to education on the whole, even among wealthier families, the education of boys was prioritized over educating women. Women were expected to be homemakers and child-bearers in the private sphere, and the public sphere was reserved for their male counterparts. Many women were denied access to education, were not permitted to participate in politics and were limited to feminine jobs (such as teaching, nursing, and domestic work) when they did participate economically in the larger society. It was not until the 19th century that women were given more flexibility in their pursuit of higher education. Of course, not all women shared the same experiences, and white women were better able to receive education than women from other races, and as expressed earlier, wealthier women had more opportunities to educate themselves than did women living in poverty.

Furthermore, the foundations of white supremacy upon which America was built denied people of color access to education. Education provides the key to empowerment, and the status quo did not want to empower those they deemed to be inferior. Due to the hierarchical nature of this supremacist mindset, people from different groups were “dealt with” in different manners. For immigrants, access to education depended on their country of origin. Some immigrants, such as those from Asian countries, were barred from receiving education in America until the 1880s and were instead used for hard labor, like constructing railroads. European immigrants, on the other hand, were well-received by many in America, (with the exception of the Irish), and were granted many of the rights shared by American citizens at the time. There was however, a difference in treatment between the Old immigrants, (which were members from wealthier backgrounds with skills and education levels from the Southern and Eastern parts of Europe that came to America in the early 1800s), and the New immigrants (who were mostly impoverished, unskilled laborers from Western and Northern Europe who migrated to America in the late 1800s).

In addition to immigrants, the indigenous population of America also received access to education with a different approach. In an attempt to force them to forget their rich cultural histories and erase the cultural differences between the indigenous population and the larger (White) American society, children from different tribes were kidnapped and forced into boarding schools where they would learn to be assimilated into the American culture. Indigenous children were punished for speaking their language, engaging in their cultural practices, or even wearing cultural clothing (whether it was casually or for cultural practices). This is one of the reasons that today when people appropriate Native American culture (and attire), it can be very insulting, as they were punished for practicing their culture and wearing their traditional clothing.

An image with two side-by-side photos of the same three indigenous children before and after being forced into boarding school to be assimilated.
Image 3 – Source: Yahoo Images;

Furthermore, during the enslavement of African Americans, who were deemed to be on the lowest level on this racial hierarchy, access to literacy was denied to them and outlawed, making it punishable by law for African Americans to be literate. This law was another way in which racist leaders of the time maintained control over the enslaved population. Following this period, there were many racist laws and social barriers to education for African Americans over time, and it was not until the famous passage of the ruling in Brown v. Board of Education that African Americans were given the right to equal education. With all that being said, there is still an ongoing struggle to bring equity, inclusion, and diversity into the American education system.

There can be a whole blog dedicated to the housing market, its impacts on funding for the local schools, and how this influences the level of education the children within those districts experience. As mentioned in previous blogs on similar topics, this funding practice tied to the housing market is, yet another way racism has seeped into American institutions. Transforming the American Education system into a more inclusive one will be a difficult fight ahead, as cries against teachings with an anti-racist approach are molding the current curriculum within the education system today.

The Historical Struggle to Secure the Right to Education for People with Disabilities

A black and white image depicting young children with disabilities outside of their school, with a sign that reads, "School Days at Eastwood, 1949."
Image 4 – Source: Yahoo Images

This exclusive approach to education also historically denied access to disabled individuals as well. American society has been structured with an ableist mindset, and people with disabilities have been stigmatized and marginalized by the larger society. In the past, many states prevented children with disabilities from attending school, choosing to place them in state institutions instead. Some wealthier families with disabled children could afford to home-school them, but the rest of the children with disabilities within society were not given that opportunity.

Even after education was required for all children, many states refused to provide accommodations for their students with disabilities, and the responsibility of securing access and mobility was placed on the children and their families, rather than the state. Judith Heumann, a well-known disability rights activist, was denied entry to her elementary school during the 1950s because the school district deemed her a “fire hazard” for being mobility impaired and having to use a wheelchair. It was not until the passage of the Education for All Handicapped Children Act (EHC; later known as the Individuals with Disabilities Act or IDEA) in 1975 that educational rights were protected for groups in need, including children with disabilities. While education access was protected under this law, the passage of the Americans with Disabilities Act (ADA) in 1990 was needed to ensure that people with disabilities are protected from discrimination in all aspects of society.

The Horrific History of Disability in America

How were People with Disabilities Viewed in the Past, and how has that changed today?

An image depicting a man who is audio-visually impaired, being held down as a priest performs an exorcism on him to "free" him from the demons possessing his body. This was a popularly held belief about people with disabilities.
Image 5 – Source: Yahoo Images; An image depicting a man who is audio-visually impaired, being held down as a priest performs an exorcism on him to “free” him from the demons possessing his body. This was a popularly held belief about people with disabilities.

Understanding the historical context behind the American education system is only one part of this conversation. Outlining the lens through which disability is viewed today, and in the past, is necessary to comprehend the treatment of children with disabilities within the American education system. Today, people with disabilities are viewed in four ways. For one, following the traditional views of disability, most people with disabilities are simply ignored by society, both as a population, as well as systemically. You can see this is the case by simply looking at some of the ableist framings of our infrastructure. Needless to say, being an invisible group within society comes with its own challenges.

Another common way society approaches people with disabilities is to view them as the “super-crip” (which is extremely insulting) and look at their achievements as “inspirational.” People who believe this highlight people with disabilities in a supernatural sense, similar to how many African Americans were portrayed as supernatural beings with superhuman strength and abilities. This troupe was not helpful to the African American community then, and it is not helpful to people with disabilities today. Some may argue that this troupe seems to be a positive outlook of the group, but upon closer inspection, it is important to recognize the stress and burden of success this places on people with disabilities to feel accepted by society. It also encourages the mindset that these people who achieve extraordinary things are superhuman and that their achievements are highlighted because there is a general conception that this is abnormal for the group. Additionally, for a person with disabilities, it can be insulting and demeaning to hear the phrase, “if a person with a disability can achieve this, so can you!”

Another tactless way in which people with disabilities are regarded, as inferior to the rest of the population. Many able-bodied individuals either view them as a burden to society or simply objects to be pitied. This can have the impact of treating people with disabilities as second-class citizens and making them feel as if they are lacking in some way or another. Those who show pity toward people with disabilities may have good intentions, but their actions treat people with disabilities as victims of fate, rather than with dignity and humanity.

Finally, some people within society treat people with disabilities as if they have undergone a tragic event (whatever led to their disability), and people require “saving” or “treatment” to be “cured” of their ailments. This too is not the case. People with disabilities adapt to living their lives with their disabilities, and they don’t require anyone to “save” them from their disabilities. This is extremely insulting and rude to even think that, and it has the same connotations as would a “white-savior complex” within the context of race. The underlying belief in both of these situations is that the person doing the “saving” believes that the person that needs to be “saved” cannot do this for themselves and that they require the help of the “savior”.

While it is important to understand the contemporary views of people with disabilities, it is equally relevant to familiarize ourselves with the ways in which people with disabilities have been treated in America in the past. Until the 19th century, people with disabilities were separated from participating with the rest of the larger society. During colonial times in America, people with disabilities were treated in a similar light as the Salem witches, either burned or hanged. Others viewed disability as a sign of God’s disapproval of the colonists, and people with disabilities were treated as though they were possessed. Still, others felt that people with disabilities were a disgrace to their family and their community, and many were shunned from their homes. The larger society lumped criminals, poor people, mentally ill people, and people with disabilities under the same roof, labeling them as outsiders. This practice evolved into the many horror stories that we may be familiar with today regarding asylums and their treatment of their patients. An important note: as it is with other American institutions, racism, and sexism disproportionately impact the lives of people of color and women within these institutions, and this translates into how they are perceived and treated by the larger society as well. This remains true for people with disabilities with identities that are not aligned with the patriarchal, white society.

The mistreatment and abuse of people with disabilities within asylums

An image depicting an asylum, where people with disabilities were forcibly committed. In this image, there is a bed, and a wheelchair in the room big enough for one person, but many facilities were not as fortunately funded or furnished.
Image 6 – Source: Yahoo Images; An image depicting an asylum, where people with disabilities were forcibly committed. In this image, there is a bed, and a wheelchair in the room big enough for one person, but many facilities were not as fortunately funded or furnished.

People with disabilities, along with other vulnerable groups that were stigmatized by society, were pushed into asylums. These were large “hospitals” stocked with medical equipment and personnel in which the goal was to provide care and treatment for the patients that resided within these asylums. The reason I placed hospitals in quotations is that many of these asylums were simply places to house all the people society did not want. These patients were experimented on, abused, neglected, and had almost no rights to defend themselves. Some patients that were from wealthy families were able to be treated at home, but others that came from meager backgrounds were not as fortunate. Many of the staff working within these institutions were unsympathetic towards their patients, feeling burdened by their very existence. Many people (within the institution and outside in the larger society) believed that people with mental illness and people with disabilities were “acting out” on purpose, to make life harder for those “upstanding” citizens of society. Many of the patients were misdiagnosed, and the institutions went from trying to care for the patients to “cure” the patients of their disabilities. The stigmatization of these groups within the asylums meant that their needs and wants were ignored. In addition to that, because it did not require a professional recommendation from a medical practitioner to admit patients into the asylums, many people were wrongly admitted to these institutions (because of personal grudges or disapproval of their behavior) for years without the right to defend and protect themselves.

Of course, it is not wise to lump every institution together and generalize about their treatment of their patients. While some were genuinely trying to take care of their wards and research ways to help “cure” them, others were less sympathetic to the plights of people with disabilities, both visible and invisible. For one, similar to the issues that American prisons face today, asylums were overcrowded, understaffed, and underfunded. This meant that each individual residing within the institutions was not given the personal care they required, and instead, they were all lumped into groups to receive generalized treatments. This was problematic in so many ways, but the most obvious is that disability takes many shapes and forms, and each individual had different needs that had to be met. Approaching a group of people with disabilities with generalized treatments meant that the doctors and nurses never took time to understand the details of each person’s disability, much less how best to approach them. As a matter of fact, because many believed disabilities to be a spiritual problem (a person being possessed by the devil), early “treatments” for mental illnesses and disabilities came in the form of exorcisms. When medical professionals finally were able to understand that this was a bodily illness, not a spiritual one, they then proceeded to conduct various experiments on the patients without having any knowledge of how to treat their patients. This is where the tortures began.

An image of a patient bound with straps, a barrier in his mouth, and hooked up to an instrument that administered electroshock therapy. This "treatment" and others were used upon patients within the sanatariums to "cure" individuals with disabilities.
Image 7 – Source: Yahoo Images

Medical personnel proposed many treatments to “cure” people with disabilities, including inhumane procedures that involved drilling holes into the patient’s skull in an attempt to bleed out the disease in question. While it is easy to judge in retrospect, in the beginning, many of the doctors truly believed that they were “curing” their patients with the various treatments they provided them, even as many recognized the inhumane nature of their treatments.

Other various treatments were administered to the patients, which can be defined as abusive and torturous today. Many women with disabilities were abused sexually, both by other patients and their caregivers. In addition to these incidents, many states (through the support of the law) practiced forced sterilization of disabled individuals in these institutions. The justification for this practice was expressed as cleansing humanity of these various illnesses and disabilities. Inspired by the American practice of eugenics, Nazi Germany expanded upon this practice to include everyone that did not fit their description of the “Aryan” race. To this day, America has not acknowledged this practice, and forced sterilization continues to be legal in the United States because of a Supreme Court ruling in 1927. The case in question, Buck v. Bell maintained that the sterilization of Carrie Buck (a woman who was raped and accused of “feeblemindedness”) was not in violation of the Constitution. This ruling permitted the forced sterilization of thousands of people with disabilities and other traits deemed “unwanted” by the general public. While the Supreme Court has outlawed forced sterilization as a form of punishment, it has never overturned its ruling made in Buck v. Bell. As a result, this practice is technically still supported within the legal framework.

With very little funding, the living conditions within the institutions also proved to be dangerous. The asylum itself was built to be uncomfortable because there was a belief that comfortable living would encourage patients to stay there forever. This meant that there was poor insulation, keeping the buildings cold. Due to the shortage of staff, many patients were restrained or locked up, while others were neglected altogether. These conditions, along with the “treatments” they received, exacerbated the patients’ conditions and were detrimental to their mental and physical health. Finally, as a result of society’s exclusion of this vulnerable population, many people outside of the institutions were not aware of what was taking place within. The patients inside these asylums were all but forgotten, invisible to the rest of society.

Deinstitutionalization

An image of a patient in a mental institution being dragged out by two staff members.
Image 8 – Source: Yahoo Images; When the institutions closed without much warning, many of the patients were left stranded to fend for themselves with no help from the government.

In an attempt to expose these terrible conditions to the larger society, journalists and activists spread accounts about the conditions within the asylums. Many were able to do this by investigating these institutions firsthand, and images (and videos) of the ill-treatment of the patients began circulating. As people started learning about the horrific conditions in which their loved ones were being kept in, the asylums faced a lot of backlashes. Amid all the backlash, in 1946, President Truman passed the National Mental Health Act to begin research on neurological issues. It would not be until 1955, however, that things changed drastically for those suffering from mental illnesses. Thorazine, a psychoactive medication that was introduced as a way to treat mental illness, and the population within the institutions peaked around this time. In the 1960s, there was an attempt to take a community-based approach to treat mental health, but it lacked the funding to progress in any substantial way. In 1981, Ronald Reagan takes a drastic step to stop government funding to help with mental health, forcing institutions to close their doors and leaving the patients on the streets.

This dramatic change provided no cushion for the patients to fall on, and much experienced homelessness as a result. With nowhere to go and no help from the government, many people with disabilities lost their lives because of this policy shift. These individuals never received any compensation for their ill-treatment, nor were they given any transitional housing or aid to help restart their lives. Of those that did not end up dead, many people with disabilities were imprisoned for causing “public disturbances.” Unfortunately, this practice continues to exist today, especially impacting people of color, and people living in poverty disproportionately. Of course, the imprisonment of people suffering from physical and mental disabilities exacerbated their conditions, and the lack of care and treatment resulted in many deaths. With nowhere to go, and no rights to protect this vulnerable population, people with disabilities continued to suffer due to systemic failures.

The movement for disability rights

An image depicting the disability movement, with many people with disabilities gathered to fight for their rights. They hold a banner that reads a quote from Martin Luther King Jr., "Injustice anywhere is a threat to justice everywhere."
Image 9 – Source: Yahoo Images;

Eventually, following the lead set by the Civil Rights Movement and many other movements such as the Women’s Rights movement, and the sexual revolution that fought for the rights of the LGBTQ+ community, people with disabilities came together to stand against discrimination toward them from the larger society, and fight for their rights to exist and prosper like any other groups. People with disabilities wanted to challenge the practice of institutionalization and employed many of the tactics that were used during the Civil Rights Movement. They staged sit-ins in governmental buildings like the FBI building, challenged the mobility norms of society by blocking busses (that denied accessibility to people with disabilities) from moving, and they protested on the streets, able-bodied allies and people with disabilities alike, fighting for their rights.

People with disabilities were also exhausted with the ableist society they lived in and began to challenge the many barriers within society that kept them from living as independent individuals. They did not need someone to hold the doors for them; they wanted the doors to remain open automatically long enough for them to pass through. They wanted accessible sidewalks on which they could move their wheelchairs, walkers, and other walking devices (if applied) safely, and independently, without having to depend on others to take care of them. People with disabilities and their caregivers began to challenge the largely held view by society that people with disabilities were a burden to society. They argued that societal barriers made them dependent on others and implementing disability-friendly solutions can provide the community with the independence to live their lives freely.

In 1973, with the passage of the Rehabilitation Act, specifically, Section 504, people with disabilities, for the first time, were protected by law from being discriminated against. This act recognized that the many issues faced by people with disabilities, such as unemployment, transportation, and accessibility issues, were not the fault of the person with the disability, but rather, a result of society’s shortcomings in failing to provide accessible services to the group. While this was a major win for this community, this law only applied to those who accepted federal funding, meaning that the private sector, and even many of the public sector, could still discriminate against people with disabilities. Following the passage of this act, many people with disabilities were instrumental in ensuring its enforcement. Many of the sit-ins referred to above happened at this time, as an attempt to keep governmental offices accountable. Protestors would block the entrances into the government buildings, or stay in the buildings past close time, refusing to leave until the necessary changes were agreed to be made to the buildings (such as including ramps to the building or elevators inside the buildings) to meet the Section 504 requirements. This continued until Ronald Reagan issued a task force to stop the regulatory attempts made by supporters of Section 504, and the protections secured by the IDEA, an act that protected the educational rights of children with disabilities. Over the following years, his decision resulted in hundreds of frustrated parents and people with disabilities alike questioning the justification for stopping the regulatory actions of Section 504. This backlash, accompanied by the tireless leaders of the community meeting with White House officials, ended in Reagan reversing his crackdown on Section 504, allowing regulations to continue on businesses that refused to incorporate practices outlined in Section 504.

Additionally, following the passage of the Fair Housing Act in 1968, people with disabilities, along with other protected groups such as race, gender (and sex), and religion, were protected from discrimination in housing. The first passage of the act initially only included race, religion, national origin, and color, as the protected groups. It was not until 1974 when sex (and gender) were added to this list, and not until 1988 when the disability community was added.  Still, this act was especially important for people with disabilities because it required home builders to provide reasonable accommodations necessary for the inhabitants to live comfortably and move around the housing unit.

Following these many small victories came the biggest one of them all, the passage of the Americans with Disabilities Act in 1990 (ADA). This law was the first general law protecting people with disabilities from discrimination in all aspects of society, including in housing, employment, healthcare, transportation, and many other social services that impacted the lives of this protected group. The passage of the ADA focused on four main themes: full participation, equal opportunity, independent living, and economic self-sufficiency. Full participation focuses on the ability of people with disabilities to participate in all aspects of their lives, including having access to transportation, entering and exit buildings without issues, being able to vote on inaccessible sites, and enjoying life without social barriers that prevent them from being able to do so.  Equal opportunity centers on being able to be employed without facing discrimination due to their disability and being able to take advantage of other such opportunities free of discrimination. Independent living brings attention to the ableist framework that society is structured in and recognizes the need for a more disability-friendly society, with access to handrails, ramps, curb cuts, and other options such as disability-friendly online sites (that for example, speak the menu out for you if you are a person with visual imparities) to raise the living standards for people with disabilities. The basis of this pillar is to empower people with disabilities with tools they can use for themselves in order to live independent life. Finally, the economic self-sufficiency piece mainly concentrates on the economic security of people with disabilities. This includes access and accommodations to receive higher education, better employment opportunities (including training, transportation access, and mobility within the workspace), and other such necessities to promote economic self-sufficiency within the disability community.

A cartoon image of people standing together calling for equal rights with the words, "all human beings are born free and equal," quoted from the Universal Declaration of Human Rights passed in 1948.
Image 10 – Source: Yahoo Images

Many communities across the United States are brainstorming innovative ways to be more inclusive, but we are far from being a fully inclusive society. People with disabilities remain among the invisible groups within society, not because their advocates are not loud enough, but because their cries are being ignored by lawmakers and their local representatives. Globally, the United Nations established the Convention on the Rights of Persons with Disabilities(CRPD) in 2006, working to shift the mindset of people’s views on disability as a whole, as well as protect and promote the rights of individuals with disabilities by empowering them to fully participate in society with the dignity and humanity they deserve.

While this blog mainly focused on the historical context of the American Education System and the perception of people with disabilities in the past and today, the next blog will focus more on the treatment of children with disabilities within the American education system today, the many challenges they continue to face, how the pandemic has impacted their learning and development, and the human rights framework necessary for disability rights to do what we can to be more inclusive and less ableist as a society.

 

How the Murder of the Mirabal Sisters Ignited an International Movement to End Violence Against Women and Girls

by Chadra Pittman

Trigger Warning: The language in this post will speak directly to the global violence perpetrated against women and heinous crimes which target women and girls. Specifically, sexual abuse, sexual assault, rape, and femicide/feminicide will be referenced. Please seek counseling if you are triggered by this post.

On Language: When I refer to “women,” I am including all humans who identify as women, including cis, trans, gender non-binary and intersex women. I acknowledge that some of the statistics in the article may not specify nor distinguish how women identify sexually and therefore, may predominately represent women who are cis gendered in their findings.

This blog is dedicated to the beloved daughter, sister, and mother, Connie Sue Kitzmiller. Her spirit and memory live on through her daughter and two granddaughters.

Black and white photo of the Mirabal Sisters in the 1950s
Patricia, Minerva, and María Teresa Mirabal in the 1950s (source: Women’s Museum of California)

They were known as las mariposas (the butterflies), a code name for their underground resistance organization, “Movement of the Fourteenth of June.” Patria, Minerva and María Teresa Mirabal, otherwise known as The Mirabal Sisters, were passionate about the fight for justice and liberation of their people and their land in the Dominican Republic (DR), and they were vehemently opposed to the dictatorship of Rafael Trujillo. Born into an upper middle-class family in the province of Salcedo, these “powerhouse 20th-century Dominican women activists” were university-educated, career women. While Minerva was the first woman to graduate from law school in the DR, her opposition to the government resulted in her being banned from practicing. She was arrested for her political resistance, and her law degree was revoked by Trujillo. While their parents opposed the politics of Trujillo, they pleaded with their daughters not to get involved in the movement. Of the four daughters, Dede was the only one who abstained from the resistance movement (though she now upholds the memory and carries on the legacy of her sisters). The other three sisters spent many years on the front lines of the struggle, even serving time in prison with their husbands, also resistance fighters. There were some who said the Mirabal sisters did not fit the stereotypical image of revolutionaries as they were women and part of the social elite. However, the sisters challenged that paradigm, and they are lauded as “Martyrs of the Dominican Resistance,” “world symbols for women’s struggle“, and “global symbols of feminist resistance.”         

According to history.com, “During the U.S. occupation of the Dominican Republic from 1916 to 1924, Rafael Trujillo joined the Constabulary Guard and was trained by U.S. Marines. His military career quickly progressed and by 1927 he was named commander in chief of the National Army.” Commander Rafael Trujillo seized control of the DR in a military coup, and in 1930, with the approval of the United States, Trujillo, or “El Jefe” (The Boss), became the dictator of the DR for the next three decades. While Trujillo was credited with advancing the DR economically by reducing its foreign debt, Trujillo also engaged in nepotism, ensuring that his family and supporters profited from the country’s economic gains.

As expected in a dictatorship, civil and political liberties in the DR began to diminish, and he named the Dominican Party the official and exclusive political party of the DR. The success of the Cuban revolution and Fidel Castro’s rise to power in January 1959 influenced many Dominicans to join the resistance movement. For ten years, the Mirabal Sisters were engaged in activism, giving voice to the many social and political injustices that plagued the people of DR. 

Human Rights Violations

Beyond his unsavory and criminal business tactics, were“his heinous human rights violations.” Trujillo was responsible for the torture and murder of thousands of civilians and dissenters to his dictatorship. From the rape of women, kidnapping, torture, and intimidation tactics, to the brutal and racist massacre of 20,000 Haitians during the Parsley Massacre, Trujillo utilized the police to carry out his nefarious deeds towards the citizens who opposed his regime. 

“On November 2, 1960, facing an outpouring of public sentiment against his regime, Trujillo publicly stated that he had only two problems left: the Catholic Church and the Mirabal sisters.”  As Nancy P. Robinson writes, “Trujillo’s hatred for the sisters was not just political but personal: he was furious at Minerva for rejecting his sexual advances, perceiving this as an affront to the machismo that powered his authoritarian leadership.” For those who told Minerva that Trujillo was going to kill her, her response was “If they kill me, I’ll take my arms out of the grave and be stronger.”

 

The Mirabal Sisters standing next to a vehicle
Source: Women’s Museum of California

The Murder of the Mariposas

Tragically, Minerva’s words came to fruition. Just three weeks after Trujillo’s remarks, the sisters were returning from visiting their husbands at a prison in Puerta Plata when Trujillo’s henchmen forced their car to stop alongside a mountain road. Their driver, Rufino de la Cruz was killed and then the sisters were suffocated and beaten to death. In an effort to simulate an accident, their car was plunged over a cliff. At the time of death, the sisters were between 26 and 36 years old, and had five children in all. The children were left motherless, the family was devastated, and the community was horrified by the brutality of this violent crime. The Mirabal sisters were brutally assassinated because of their identity as women and activists. The Mirabal Sisters were victims of femicide and injustice.

Defining Gender-based Violence and Femicide

Photo of women lying down in protest in front of a sign that reads "Parem de nos matar"
Source: Global Citizen

According to the United Nations, “Gender related killings also known as femicide/feminicide are the most brutal and extreme manifestation of a continuum of violence against women and girls that takes many interconnected and overlapping forms. Defined as an intentional killing with a gender-related motivation, femicide may be driven by stereotyped gender roles, discrimination towards women and girls, unequal power relations between women and men, or harmful social norms. “Globally, an estimated 736 million women across 161 countries and areas—almost one in three—have been subjected to physical and/or sexual intimate partner violence, non-partner sexual violence, or both at least once in their life (30 per cent of women aged 15 and older).” There has been a push to categorize femicide as a hate crime as hate crimes target specific groups and femicide targets women and girls.

“From the burning of witches in the past, to the more recent widespread custom of female infanticide in many societies, to the killing of women for “honor,” we realize that femicide has been going on a long time. But since it involves mere females, there was no name for it before the term femicide was coined.” (Defining Femicide by Diana E. H. Russell, Ph.D. Introductory speech presented to the United Nations Symposium on Femicide on 11/26/2012)


Igniting a Flame for Feminists Around the World

Drawing of women holding crosses that read "ni una más"
Source: Yahoo Images

While Trujillo hoped to permanently silence the Mirabal Sisters, instead their murder ignited a flame amongst feminists and feminist-minded individuals who are committed to protecting the lives of girls and women around the world.

After their deaths, the “Mirabals instantly became martyrs to the revolutionary cause, helping solidify resistance to Trujillo both at home and abroad.” “Killing women…was just beyond what people could stomach, and that catalyzed a lot of people to become more active in the movement,” says Elizabeth Manley, an associate professor of history at Xavier University of Louisiana.

Many grassroot organizations took it upon themselves to remember the contributions of the Mirabal Sisters. In 1981, in honor of the Mirabal Sisters, the Feminist Encounter of Latin American and the Caribbean in Colombia designated November 25th as the Day for Non-Violence Against Women.

In 1993, the United Nations General Assembly adopted Resolution 48/104 for the Elimination of Violence Against Women, which defines this type of violence as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” Consequently, to solidify this decision, in 1999 the General Assembly proclaimed 25 November as the International Day for the Elimination of Violence Against Women in honor of the Mirabal Sisters.

How You Can Help End Femicide and Violence Against Women and Girls

“Gender-based violence is one of the most prevalent human rights violations in the world. It knows no social, economic or national boundaries…yet it remains shrouded in a culture of silence.”

However, we know from the wise words of poet and activist Audre Lorde that “Your silence will not protect you” and we cannot afford to be silent while women and girls are dying at astounding rates at the hands of oppressive systems.

You can add your voice to the conversation and help to break the silence around the violence against women and girls. The United Nations has created initiatives to help you get involved. You could join “The 16 Days of Activism against Gender-Based Violence,” which is an annual international campaign that begins on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day.”

The campaign was started by activists at the inauguration of the Women’s Global Leadership Institute in 1991. Annually, the Center for Women’s Global Leadership coordinates this campaign, which calls upon individuals and organizations around the world to develop strategies for the prevention and elimination of violence against women and girls.” In 2008, the United Nations Secretary-General launched the campaign UNiTE by 2030 to End Violence against Women. The theme of this year’s campaign is “UNITE! Activism to end violence against women and girls.” See the concept note here.

In Remembrance of the Mirabal Sisters

What we know is that “No country can expect to succeed in today’s globalized world by marginalizing half their population. You can’t compete with the world with only half of your people.”  The Mirabal Sisters are a harsh reminder of the struggle women face globally, just trying to live their lives and speak about the issues that they face.

Their remaining sister, Dede Mirabal worked tirelessly to ensure that her sisters’ legacy would forever be etched in stone. Not only did she raise her deceased sisters’ children, she managed La Casa Museo Hermanas Mirabal / The Mirabal Sisters House Museum to keep the memory of her sisters legacy alive.

In the legacy of her mother, Minerva’s daughter, Minou Tavárez Mirabal, became a congressional representative and vice foreign minister, while Dedé’s son Jaime David Fernández Mirabal served as vice president of the Dominican Republic (1996-2000). She founded the Mirabal Sister Foundation.

The museum holds the precious artifacts from their life, even sacred memorabilia from the accident. On the 40th anniversary of their assassination, November 25, 2000, the sister’s remains were moved to the grave on the museum grounds.

Rock sculpture of Mirabal sisters
Source: The Mirabal Sisters Museum

The Face of Fearlessness

In the words of Julia Álvarez, author of In the Time of the Butterflies, the key to explaining why the story of the Mirabal is so emblematic is that they put a human face on the tragedy generated by a violent regime that did not accept dissent. 

Now the faces of the Mirabal Sisters are known globally as the symbol of feminist resistance. They appear on the currency in the DR.

Gender violence and femicide are global problems. According to CNN, “More than 100 women have been murdered in Italy so far this year, with almost half of them killed by their intimate partner or ex-partner, the Italian police said. In Latin America, gender-based violence has come to be described as a “pandemic”, because between a quarter and a half of women suffer from domestic violence. According to the United Nations, violence against women in their own homes is the leading cause of injuries suffered by women between the ages of fifteen and forty-four.

The fight to end violence against women is ongoing, and this is not merely a woman’s issue, it’s not just a woman’s fight, nor a feminist issue, nor an issue only in certain parts of the world. Violence against women is pervasive around the world and we must do something about it.

So, start where you are, use your voice, talk to friends and family members about how we can make the world safer for women and girls. Use your talents to bring awareness to the crisis of violence against women. Join an organization, write a letter to a politician or volunteer or lend support to an organization which advocates for women and girls. Here are a few organizations across the globe working to end the violence against women.

Here are some websites you can use to educate yourself on this issue:

Pakistan’s Floods : A Humanitarian and Climate Crisis

Source: Abdul Majeed Goraya / IRIN | www.irinnews.org

One third of Pakistan is underwater following disaster-level floods that have ravaged the country since mid June of 2022. The flooding is a humanitarian crisis of epic proportions, bringing climate change and environmental justice into the focus of conversations about why the floods are so devastating. The record-breaking monsoon rains have affected 33 million citizens, leaving millions displaced and threatening the economy by washing away the fall harvest and essential farmland. Pakistan’s most vulnerable are struggling to access the scarce aid that is available, including the 19 million children affected by the floods. It is an unprecedented, once in a century crisis event exacerbated by climate change, poor infrastructure, and the damages of the recent economic crisis prior to the flooding.

Source: Oxfam International via Flickr

Direct Impact of the Floods: Hunger, Disease and Displacement.

The monsoon rains have killed over a thousand people, roughly 400 of which are children. However, hunger, thirst, disease, and shortages of essential supplies threaten the lives of even more; millions of Pakistani people have been displaced over the course of the floods since June. The United Nations Refugee Agency has estimated that 6.4 million people are in need of immediate support. 

Any discussion of rebuilding has been shelved in submerged regions as the flood waters may not recede for months, leaving the thousands of kilometers of roads, tens of thousands of schools, hundreds of thousands of homes, thousands of essential healthcare facilities destroyed by floodwater, and prior residents stranded or displaced. In addition to the initial death toll from the floods, the Pakistani people are facing immediate dangers of water borne disease, lack of access to food, water and shelter, and risks of violence; especially for women, children, and minority groups.

The country’s health system has faced substantial blows, both from loss of structures and supplies caused by the flood and the overwhelming need of those affected. Dehydration, dysentery, cholera, malaria, and dengue fever are ravaging make-shift camps as the flood waters become stagnant and clean water and sanitary supplies become harder to come by. Sindh Province, the second-most populated province in Pakistan, and one of the hardest-hit by the floods, has seen over 300 deaths from water borne-diseases since July.  Early disease surveillance by the WHO has revealed that tens of thousands of cases of flood water-caused diseases are already present amongst those within reach of relief efforts. Countless villages remain stranded as roads and highways are underwater, so the true number of deaths, displaced persons, diseased, and persons otherwise impacted by these crises are expected to climb as more recovery efforts continue to search the flooded regions. 

Without international aid and intervention, an epidemic of disease caused by the floods will cause a second wave of deaths in Pakistan, of which the elderly, children, and pregnant women will be the largest groups facing losses. International aid, medical and humanitarian organizations have joined the Pakistani government and are regularly dropping medical supplies, malaria nets, food and provisional shelters, but the need continues to grow as more people find their way to temporary camps and the rate of disease climbs. 

Source: Oxfam International Via Flickr

Human Rights & The Most Vulnerable

A nation’s most vulnerable populations are often the ones who suffer the worst effects for the longest time after a natural disaster like these floods. For Pakistan, those vulnerable groups are women, children, the Khwaja Sira (transgender) community, those living in extreme poverty, religious minorities, and other marginalized groups. Typically, socially disadvantaged groups are living in regions with lesser infrastructure, facing the initial worst impacts of natural disasters, but marginalized status often leads to upwards battles to access humanitarian aid after the disaster as well. There are estimated to be 650,000 pregnant women displaced in Pakistan right now, in urgent need of maternal health care and safe, sterile facilities to give birth in, with many taking perilous journeys in hopes of reaching a hospital or safe places to give birth.

CARE, an international human rights and social justice organization, spoke on this concern. Pakistan Country Director for CARE, Adil Sheraz said, “With entire villages washed away, families broken up and many people sleeping under the sky, the usual social structures that keep people safe have fallen away, and this can be very dangerous for women and girls.” 

Following the 2010 floods in Pakistan, denial of aid and violence against minorities became a prevalent issue and large protests against law enforcement arose due to their failure to protect vulnerable groups. Preventative measures against recurrence of these issues have been few and far between since 2010, and international human rights communities are on high alert for rising reports of discrimination in relief distribution and crimes against minorities. Reports of sexual violence have already increased following the floods.

In addition to some of the most vulnerable Pakistanis are roughly 800,000 Afghani refugees who have been hosted by Pakistan in Sindh and Balochistan; two provinces faced with the worst of the flooding and submersion. Pakistan has a deep history of offering asylum and refuge for those fleeing across the border from conflict in Afghanistan, and is home to 1.4 million Afghani refugees currently in 2022. Following the August 2021 withdrawal of US troops from Afghanistan, the Islamic Emirate government (also known as the Taliban), Pakistan became an even more essential haven for the influx of refugees fleeing a violent authoritarian regime. In the wake of this natural disaster, the loss of $30 billion dollars worth of infrastructure, homes and supplies, and facing an economic crisis, Afghani people with hopes of finding refuge in Pakistan must now find new routes to safety. 

Source: Ali Hyder Junejo

Environmental Justice & Climate Change

Though Pakistan faces annual flooding of the Indus river from heavy rains in monsoon season, record breaking rains preceded by an extended heatwave contributed to an unrivaled degree of flooding this summer. Heatwaves brought temperatures around 50° Celsius (122° Fahrenheit) to India and Pakistan between March and May of this year. Monsoon rains followed the spring heatwaves, and in the regions of Sindh and Balochistan rainfall reached 500% above average. The 2022 floods will leave a significant economic, infrastructural, and humanitarian impact on the country of roughly 220 million people. The reason for the dramatic influx in severity is complex, but simple at its core: climate change.

Pakistan is facing an unfair share of the consequences of climate change; while it was responsible for only .3% of global CO2 emissions in 2020, it is likely that this year’s heatwaves and floods will be on the less severe end of what is to come. The United Nations has deemed Pakistan a “climate change hotspot”, stating that people in South Asia are 15 times more likely to die from climate impacts. As the global temperature rises and geohazards become more extreme, disaster-prone regions like Pakistan will face more and more devastation. The best prognosis for the region comes with prevention efforts like strengthening anti-disaster infrastructures. As the global north is responsible for 92% of excess emissions contributing to global warming and climate change, Pakistan, the United Nations, and other international agencies are calling for countries like the United States to make increased contributions to relief funds and infrastructure development overseas.

United Nations Secretary-General Antonio Guterres, while visiting Pakistan in September 2022, said, “…the fact is that we are already living in a world where climate change is acting in such a devastating way. So, there must be massive support to what usually is called adaptation, which means to build resilient infrastructure and to support resilient communities and to create conditions for those that are in the hotspots of climate change. Pakistan is one of the hotspots of climate change. For those countries to be able to prepare for the next disaster and to be able to resist the next disaster, this needs a huge investment and this investment needs to be provided.”

Relief & Aid

Pakistan has faced an overwhelming series of calamities since the start of this year, and the impacts from these disasters are greatly exacerbated by food shortages and an economic crisis prior to the start of the disasters in March. There are millions of people in need of aid, and every bit of support helps. If you are unable to financially contribute, please consider sharing this or other articles about this crisis to increase international attention on those who need our help.

For donations of money, time, or other resources, we have compiled some reputable aid agencies below:

  • Pakistan’s Red Crescent Society is providing clean drinking water, medical treatments, temporary housing, and other essential aid across flood-hit regions. Donate or get involved with their flood response efforts here.
  • The United Nations Refugee Agency has provided millions of dollars in aid to Pakistan, and you can contribute here to support their continued relief efforts.
  • The International Medical Corps are on the ground in Pakistan, providing medical care and responses to both the floods and gender-based violence across the country. Find out more & how you can donate here.
  • Muslim Aid has reached over 29,000 people in three affected districts of Pakistan, providing hygiene kits, shelter, and essentials to those in need. Contribute to their fund here.

The Economic Status of Transgender People in India

Hijra communities in India form their own chosen families. Source: Yahoo! images

Imagine discovering that your internal identity does not align with the way that your body looks or the way that you are perceived by society. Because you recognize this internal dichotomy, the society you know and love treats you as an outcast. You are regarded as less than human. Your family abuses you for pursuing a physical body and social presentation that aligns with your internal identity. Society at large is structured in a way that makes it relatively impossible to get a formal job or make money in a safe way. Transgender people in India experience this every day.

A. Revathi is an activist for the rights of transgender people and other gender and sexual minorities in India. In her book, A Life in Trans Activism, she details many struggles she faced while navigating the economic system of India. Most transgender people in India work in the informal spheres of sex work and street begging, but a lucky few find low-salary jobs at LGBTQ+ Non-Governmental Organizations (NGOs) or service places.

A picture of an Indian woman named Revathi wearing a maroon saree with gold jewelry. She has a gold stud in her nostril piercing and a red bindi between her eyebrows. White text reads, “A Life in Trans Activism, A. Revathi as told to Nandini Murali”
The cover of the aforementioned book. Source: Rēvati, and Nandini Murali. A Life in Trans Activism. Zubaan, 2016.

Because of the prejudices and stereotypes held by many employers within India, transgender people are often discriminated against in the formal sphere. If a man comes in for an interview, and his documentation still has an F sex marker, the employer will know that he is transgender and all prejudices and stereotypes that they hold will then apply to the man searching for a job. The process of changing one’s sex marker on official documents is a complicated and grueling process for transgender people, which makes it almost impossible to go stealth* in one’s workplace. It was this lack of economic mobility that lead Revathi, and many others like her to the streets for sex work.

*Stealth (adj.) – describing a transgender person who presents themself as a cisgender member of the gender they identify as, often to avoid discrimination. For example, a male-to-female (MTF) transwoman presents as a cisgender woman and keeps her trans identity a secret to avoid violence.

In India, self-employed sex work is legal, but many police officers will find other reasons to accuse sex workers of crimes like loitering or stealing, whether the accusations are true or not. The general public tends to accuse them of stealing in order to demonize them or try to get them off the streets, which often leads to violent confrontations with community members and the police. During sex work, Revathi, like many transgender women, was often put into dangerous situations with the public as a result of the deeply rooted stigma surrounding transgender people. She experienced sexual assault, public abuse, and was sometimes not paid for her services. Most transgender sex workers must be very careful to keep their identities as transgender silent because many face violence if they are outed.** On the other hand, when outed, some people receive dehumanization in the form of fetishization which results in more violence and less pay.

**To out someone (v.) – to reveal someone’s sexuality or gender identity without their permission or control, often leading to dangerous situations for them.

Economic Consequences

The few that find jobs, often at LGBTQ+ organizations, are often paid less and treated with disrespect by their colleagues and employers. While reading A Life in Trans Activism, a pattern stuck out to me. I would like to call this something like “The Vicious Cycle of Workplace Inequality.”

  1. The formal work of a certain group of people is undervalued and/or ridiculed by society.
  2. The marginalized group then internalizes this as a reflection of their character and feels as though they have “something to prove” while working in the formal sphere.
  3. They then work harder and accept lower pay than their colleagues.
  4. Co-workers and employers take advantage of their willingness to work hard for lower salaries and disrespect their work-life boundaries.
  5. The disrespect becomes a foundational aspect of their workspace, and transgender people feel and live subserviently to society. The cycle repeats.

The Vicious Cycle of Workplace Inequality can apply to any group of people whose work is undervalued. We see this in the American workforce with Black employees. There is a widely-held stereotype in America that Black people are “lazy workers” because of their lack of sufficient economic mobility. Employers internalize this and hold Black workers to a higher standard in which they must “prove themselves” as hard workers. It is often the case that Black employees work twice as hard as their White counterparts and are still undervalued by their employers and colleagues. They internalize this as a reflection of themselves and work harder and harder for less and less. This phenomenon is not only manifested in the salary gap between races, but also in the levels of worker burnout and unemployment rates.

A bar chart showing “Unemployment Rates by Race and Age, 2016”. On the y axis is 0-30% representing unemployment rates, and on the x axis is age groups from 16 to 70+. For each age range, there are two different bars representing Black and White workers. The highest unemployment rate is 16-19 year olds with Black youth at around 27% and White youth around 14%. Both statistics slowly fall before plateauing at around the 40-44 age range, with Black workers at around 6.5% and White workers at around 3.5%. These statistics stay pretty consistent for the rest of the chart, if not a slight dip around the age ranges 50-60.
Statistics show much higher unemployment rates for Black individuals in every age range. Source: Federal Bureau of Labor Statistics

A. Revathi experienced the Vicious Cycle herself while working as an openly transgender woman at an LGBTQ+ NGO in India called Sangama. Even while she was head director of multiple subsections of the NGO, she experienced disrespect from the staff she was directing. Here, Revathi reflects on her experience:

“[Sangama staff] were well behaved with [past directors] and respected boundaries. However, with me, they were very different. They would storm into my cabin and argue endlessly with me, often in very rude or offensive language. They demanded prompt promotions, increases in salaries, and crowded my working hours with endless demands and trivial things, which they could have handled themselves.” (Rēvati, 110) 

Revathi charitably credits this to her open-door policy and her show of belief that hierarchies in workplaces were solely for accounting purposes, and should not reflect upon the social interactions of the staff. I suspect that the main reason that she has these policies and beliefs is that her work has been consistently undervalued and she has internalized that she will never be seen as “above” anyone else in her workplace. By setting and enforcing certain boundaries with her staff, she would have to acknowledge that she is above them in the workplace. This would break the social contract that says that she is always on the base of the metaphorical pyramid because of her transgender identity.

Government Progress (or lack thereof)

A large group of mostly women in colorful saris, jewelry, and makeup gather together with black signs with white text. One reads, "Protect the Rights of Transgender Community".
Transgender Indian protesters gather to fight for the implementation of policies that protect their rights. Source: Yahoo! images

The Indian Supreme Court ruled in 2014 to create a third gender category called “hijra” which would be inclusive of gender nonconforming and transgender individuals. People in this category were legally categorized as an “other backward class” or OBC. Job reservations were made for people of OBCs in an attempt to improve the economic status of transgender people. Read more about this ruling here. 

In addition to this ruling, in 2019 the “Transgender Persons (Protection of Rights) Bill” was passed, which served as an anti-discrimination bill meant to improve the status of transgender people in education and the workforce. It was faced with backlash from the trans community because it required a person to submit proof of gender reassignment surgery to the government before being able to change their gender marker legally. This type of policy is called trans-medicalism*** and is exclusive and harshly binary. Read more about this bill here.

***Trans-medicalism (n.) – the idea that one must medically transition, in other words: go through gender reassignment surgery, in order to be a valid member of the transgender community. 

Although these actions were well-intended, neither the 2014 ruling nor the 2019 bill has been well enforced. They have been inefficient in changing the economic and educational statuses of transgender people. Employers still have room to discriminate against workers. Sex workers are still treated horrifically and inhumanely in the streets. Transgender employees are still disrespected in their workplaces and have low opportunities for economic mobility. One of the problems with these actions is that they are both “top-down” approaches, which start with government implementation and slowly trickle down into cultural changes and real-life improvements for transgender people. Many recommend a “bottom-up” approach, which begins with radical cultural shifts and builds its way up to government implementation. While both are valuable, the “bottom-up” approach is more efficient in creating quicker social change for people genuinely affected by the social issues at hand. 

Iranian Women Burn Hijabs in Response to Killing of Mahsa Amini

Imagine living in a world where a woman showing her hair is considered “immoral” but killing a woman for showing her hair is not. Unfortunately for Mahsa Amini, that is the world we live in. On September 14th 2022, the 22-year-old was visiting the Iranian capital of Tehran with her family when she was arrested by Iran’s police. The reason for her arrest was wearing an “improper” hijab that did not adhere to the strict Islamic dress code laws. While in custody, she was beaten within an inch of her life and was comatose before being pronounced dead the following day. Iranian officials claim she died of a heart attack while in custody.

A protestor holds up a photo of Masha Amini
Source: Flickr

 

Public outcry

The Iranian government is implying that a dress code carries more significance than a young woman’s life. However, many Iranians disagree. In fact, women across the country have started publicly removing and burning their hijabs in protest. Burning head scarves is a powerful display that highlights the demand to end mandatory hijab laws. It is a direct objection to the controlling state’s policing of women’s bodies. Many people have taken to the streets to protest this blatant violation of human rights. Article 3 of the UN Declaration of Human Rights states, “Everyone has the right to life, liberty and security of person.” Iranian women’s liberty is in grave danger. Under Iran’s authoritarian regime, personal freedoms and the right to choose are in grave jeopardy. During the protests on September 21, Iran’s armed forces shot and killed more than 8 individuals. In the last 5 days, 15 protestors have died as a result of direct fire from government forces, with an additional 733 people injured and dozens imprisoned.

 

Morality Police History

Iranian authorities have a long history of violent and inhumane enforcement of dress codes, specifically, compulsory veiling. This can be traced back to the Islamic dress code, a strict dress code that requires women to conceal their hair and neck with a head scarf and to cover their body. This law has been in effect in Iran since 1979, after Iran’s Islamic Revolution. The “Gasht-e-Ershad,” which translates as “guidance patrols”, patrol the streets of Iran enforcing these laws. They arrest individuals they deem in violation of this law, including women who do not adhere to the strict concealment of their body. In 2017, dozens of women removed their hijabs in defiance of the dress code. They waved their white hijabs standing on utility boxes. Since then, the morality police have taken severe measures to prevent women from disobeying the dress code. The arrests often involve verbal abuse and physical violence, targeting women and girls as young as 9 years old. Violent videos have emerged on social media depicting the “morality” agents forcefully detaining women, dragging them by their hair, administering beating with batons, and even spraying them with pepper spray.

A woman cuts her hair
Source: Flickr

Protests Are Not Anti-Islamic

The presence of the morality police is a violation of freedom and dignity of the women in Iran. Western practitioners of Islam may misconceive these acts of protest as an attack on Islam. However, these individuals have the freedom to choose their religion; they are not forced to adhere to religiously influenced governmental action. It is important to make the distinction between burning symbols of the state and disrespecting religion. To many Iranian women, the mandatory hijab enforcement is not a religious symbol, but rather a symbol of their oppression. These protests are the result of religious trauma and not Islamophobia. This movement is not Anti-Islamic, but pro-liberty. Citizens across the nation are fighting against the unjust criminalization of women due to the strict, mandatory dress code. They are fighting against an authoritarian regime that weaponizes Islam as a tool of oppression.

What Can You Do

Protestors hold a sign that says "Say Her Name #MASHAAMINI"
Source: Flickr

The courage and solidarity these women are showing is quite moving. This may serve as a catalyst for the liberation of women around the world. As of now, Instagram is blocked in Iran. However, these activists’ valiant efforts will not be stifled. Now the baton passes to us. We must amplify their voices and raise awareness about the atrocities endured by these women by sharing hashtags and saying her name: Mahsa Amini. Follow these informative accounts and repost their posts:
@middleeastmatters
@masih.alineejad
@farnanak_amidi
@golfarahani
@negah_amirii
@duzenetekkal
Use this link to help people in Iran bypass the internet blockade Middle East Matters (mideastmatters.carrd.co). Donate to United for Iran and help fund the app Gershad that alerts woman the whereabouts of the morality police and protects women across Iran from unjust arrest. Everyone is entitled the most basic human right of choice. Women all around the world should be at liberty to wear what they want without fear of jeopardizing their lives.

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!

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.