Women’s Rights – Page 2 – UAB Institute for Human Rights Blog

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.

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 She was arrested for her political resistance, and her law degree was revoked by Trujillo.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

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.

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.

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.

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

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.”

The formal work of a certain group of people is undervalued and/or ridiculed by society.
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.
They then work harder and accept lower pay than their colleagues.
Co-workers and employers take advantage of their willingness to work hard for lower salaries and disrespect their work-life boundaries.
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.

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.

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.

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.

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:

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.

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

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.

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.

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.

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 19^th 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 life, a 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.

The Consequences of Overturning Roe v. Wade

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

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

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

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

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

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

**What Overturning Roe v. Wade Would Mean**

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So, Where Do We Go From Here?

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

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

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

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

India’s UAPA: A Crackdown on Indian Activists

In a move that enraged the international community, the Indian government arrested a Kashmiri human rights activist, Khurram Parvez, under the Unlawful Activities Prevention Act (UAPA) in late November 2021. Parvez, a native of the disputed Jammu Kashmir region that borders India and Pakistan, worked extensively on covering suspicious disappearances and investigating the stories behind unmarked graves in Kashmir. His family reports that authorities ransacked his belongings and confiscated all electronics while threatening their lives, an example of India’s growing role in squeezing the soul out of human rights advocacy using the UAPA.

#Human rights banner from a protest — “Human Rights for Future” Banner from Amnesty International Source: Unsplash

The Unlawful Activities Prevention Act (UAPA) is an anti-terrorism law that was originally enacted in 1967 to expand Indian authorities’ powers to address individuals that were or were suspected to be a threat to national or economic security. Despite its supposed justified intent, the controversial law has given the federal Indian government unprecedented power over the criminal justice system. In 2019, a new tenet permitting the categorization of individuals rather than organizations as terrorists was added to the law. People could be jailed without clear evidence or bail for months and even decades. A trial is not guaranteed, and if one trial is granted, but the case fails, there is no provision that allows the incarcerated person to be released. According to the Ministry of Home Affairs (MHA), since 2015, arrests made under this provision have increased by 72% in 2019.

The most widely covered injustice of the UAPA occurred in Bhima Koregaon, a town a few hours south of Mumbai, India. Annually, on January 1st, Dalits in Bhima Koregaon celebrate the victory of their ancestors over an upper-caste ruler as part of the British Army. In 2018, they clashed with Hindu residents during the celebration which resulted in 16 activists jailed under the UAPA for inciting violence at the deadly event. 3 years later, no official charges have been brought up against the 16. All the 16 activists were advocates for historically marginalized groups such as Dalits to protect their rights and elevate their status in society. One of the accused was released in early December 2021 on bail, and another was only released under a temporary medical release after concerns arose about his deteriorating health in July.

Rv. Stan Swamy, an 84-year-old Jesuit priest and activist from the state of Tamil Nādu was another one of the 16 jailed in connection with the riots that occurred in Bhima-Koregaon, despite never having visited the town. He suffered from Parkinson’s Disease, was infected with Covid-19, and experienced multiple falls and injuries while detained. His requests for accommodations considering the spasms and locked muscles caused by Parkinson’s were also denied by the NIA. No requests for bail were granted even when his health began declining in the spring. Swamy died in jail on July 5th, 2021, because of what the Jamshedpur Jesuit Province calls inadequate health facilities and a lack of regard for human life in dire prison conditions.

Similar caste violence prefaced the 2020 Delhi Riots in which Hindus and Muslims fought over a new unconstitutional citizenship law. Three student activists were implicated in the violence and were arrested under the UAPA, despite fervently denying the allegations. The three were released after one year on bail, although a fourth student activist is still behind bars for other charges under the UAPA.  

The same pattern repeats in every arrest made under this law: circumstantial detainment then extended detention with no promise for bail or trial. In fact, less than 3% of those brought in by the National Intelligence Agency (NIA) are convicted while many others have died waiting for trial. The right to due process with a fair and speedy trial is a key part of democracy, neither of which is given to those arrested under the UAPA, further suffocating human rights advocacy and discouraging potential activists. Human rights organizations including Frontline Defenders, International Federation for Human Rights, Amnesty International, and the Human Rights Watch fear for the health of free speech in India.

Gavel on a court surface representing law and justice Source: Unsplash

Lawmakers in the congressional houses of India’s federal administration control all of the UAPA provisions, but the judiciary of India, including the Supreme Court, has expressed its frustration and opposition to the anti-terrorism law. Not only is it unconstitutional, but the UAPA also infringes on broadly accepted ethical boundaries and totalitarian behavior. Academic experts, lawyers, journalists, teachers, and activists of all ages step into their shoes every day preparing to face the UAPA when they give voice to marginalized communities.

This should not be brushed under the rug as a rare occurrence, because the UAPA is another dangerous tactic utilized by the ruling party in India to limit dissent. Akin to determined vultures, over the last couple of years, the government has circled closer to limiting basic freedoms including privacy, speech, assembly, and press. The law was initially aimed to combat terrorism but is now used as a legal tool to silence opposition, tightening the fist around minority populations. As the walls continue to close in, there is a very real possibility for the UAPA to become a harbinger of stifling, authoritative power in India, drastically shifting the definition of terrorism to encompass nonviolent political activity, otherwise known as activism.

"Human Rights Violated by Modi Government in India" Protest Banner — “Human Rights Violated by Modi Government in India” Protest Banner Source: Unsplash

The UAPA is only a small part of a growing tsunami of problems seen around the globe. According to the Economist Intelligence Unit (EIU), India has fallen to 53rd place in the Democracy Index – evident of a growing trend of backsliding democracy. The EIU has attributed India’s shortcomings to the increasing focus of religious sentiment in what is supposed to be a secular state, reinforcing harmful traditional stereotypes about wealth, race, and caste, while preventing social mobility for the less fortunate. Last year, India unveiled a new citizenship plan that hinders persecuted Muslims from becoming naturalized Indian citizens, a proposal that inflamed religious tensions already encouraged by India’s national Prime Minister.

Human rights advocates and activists are the light in the dark for millions of people around the world, not only in India. Similarly, more than a few countries are seeking ways to funnel away basic rights that they see as disruptive to their goals of obtaining more control over their people and thus an iota of more power in the global discourse. If India succeeds with this violation of human rights and human rights defenders, it will set an irreversible precedent that countries similar to India in their ideological associations will follow. The international community must call for action and consequences for India’s actions. More support and funding from the international community should flow into the judicial system to question the legislation passed by Congress as well as organizations defending human rights activists to ensure the marginalized in India stand a fighting chance.

Women’s Education in Afghanistan

When the Taliban captured Kabul in August, a bleak future dawned on girls and women across the country. Despite the Taliban’s promise to be supportive of women’s goals under Islamic law, the deadly crackdown on the progress of women’s rights has already begun.

The Taliban regime, like the older one that ruled from 1990-2001, upon capturing the capital, shut down the Ministry for Women’s Affairs and replaced it with the Ministry for Protection of Virtue and Vice. Later, they announced that women cannot go out in public without a male relative or without being fully covered, and female workers have been instructed to stay home. Education, politics, sports, freedom of expression, and whatever else requires women venturing outside with a voice has been banned by the government, punished by beatings or floggings.

Afghan Women in Veils — Afghan women in veils with the words “Taliban vow to respect women We can still see We can still watch We can still notice We will no longer accept.” Source: Flickr

Education and Occupations

Girls’ education in Afghanistan took a lot of effort to achieve, but many obstacles, specifically financial security and accessibility, still stand in the way. Knowledge gives individuals mobility and power to decide their future for themselves — a source of pride that Afghan women have fought for. In Afghan villages and cities alike, many women and girls would work for low wages in poor conditions to finance their education, and now these efforts and opportunities have been ripped away.

Pride is now fear. After the fall of the Afghan cities Kabul and Herat, the Taliban prohibited girls over 6th grade from attending school and segregated universities between genders. Boys were allowed back weeks ago, but no indication was given to girls — a silence that told them to stay home. The regime previously stated that education will resume under the laws of Islam. Even if girls can go back to school, they may not learn certain subjects such as engineering, vocational education, cooking, and government studies.

Dreams of becoming pilots, surgeons, activists, and lawmakers have evaporated for Afghan girls, and women already educated under a democratically controlled Afghanistan are seeing their lives turn on their heads. A university student who was supposed to graduate with two degrees from the American University of Afghanistan and Kabul University frustratedly remarked that she must hide any IDs, diplomas, and all evidence that she received a higher education, throwing away decades of work for her career. If she does not do so, she risks the lives of herself and her entire family.

A class for girls in a village school outside Jalalabad, Afghanistan. Source: Flickr

The Taliban is not their only issue, however. Many female political figures remaining in Afghanistan fear retaliation from men they jailed or sentenced. Despite the years of progress since the last Taliban occupation, women in powerful roles still made men in Afghanistan uncomfortable. The Taliban has not instituted strict restrictions on law and order — allowing incidents of physical and sexual violence against women to increase.

Female Workers

Women have taken to streets demanding their rights back as the Taliban prepares to deal with international questioning for their rise to power. Although once numerous after the fall of Kabul and Herat, protests are now few and far between. Organized protests were broken up by the Taliban’s gunshots, beatings, and killings in early September, effectively dampening the morale of activists. Now, the regime demands prior registration with a detailed account of the event and any slogans that are to be chanted, decreasing the right to assembly in the nation.

Female journalists, teachers, activists, and especially judges are also being targeted by the oppressive regime. It is common practice for the Taliban to break into homes of instrumental feminist voices and threaten their families, and the United States’ promise to protect Afghan women activists from the Taliban has fallen flat.

Former Afghan legislator Fawzia Koofi fled Afghanistan to Qatar after she was placed under house arrest and guarded day and night by the Taliban. Parliament members Shagufa Noorzai and Homa Ahmadi escaped to Athens, Greece, along with 177 other high profile female lawyers and judges with help from the Melissa Network and Human Rights 360. Even though activists like Koofiand Noorzai are far from their home country, they have already started networking to protect the rights of women and girls from where they are.

In late August, 15 members of the inspiring 20-member Afghan Dreamers fled Afghanistan, with 10 arriving safely in Mexico City, Mexico, and 5 in Doha, Qatar. This all-girls robotics team made waves after winning multiple international robotics competitions in the United States and becoming a luminescent symbol of the potential of girls in science, mathematics, and engineering. These girls left with the hope of continuing their education and competing in robotics tournaments. Some girls voluntarily stayed behind to help education efforts in Afghanistan. They all hope that their achievements and stories will empower girls in their home country to fight for their education and convince the regime to adapt to a new generation of women.

Private Afghan universities require girls to wear an abaya and niqab. Source: Flickr

Education as a Human Right

The Taliban violated many articles of the Universal Declaration of Human Rights (UDHR). Article 26 proclaims that basic and fundamental education should be free, compulsory, and equally accessible. Education is stated as the driving force to foster respect for human rights and personal freedoms all over the world which is crucial for women to rise from societal restrictions.

The head of the Afghan Women’s Network, Mahbouba Seraj, emphasizes that Afghanistan is not the same country that the Taliban left. Women will not sit and stand by while they try to take away their rights. Over 6 million women have established their presence in traditionally male-dominated fields such as media, medicine, law, and government. She believes that the gender equality movement in Afghanistan will prevail over the Taliban’s resistance.

Earlier in October, the United Nations Human Rights Council voted to approve a rapporteur on the grounds of Afghanistan to investigate and report civil and human rights violations. The European Union’s ambassador to the UN cited particular concern for the restrictive actions of the Taliban against women and girls. In addition to the UN, the public can offer donations to other international human rights organizations that are also working on the safety of female Afghanistan officials and girls seeking to continue their education such as Amnesty International, CARE, and Women for Afghan Women.