activism – UAB Institute for Human Rights Blog

The Abuse of Facial Recognition Technology in the Hong Kong Protests

Overview

Facial recognition technology has become a powerful tool in the last ten years, with uses ranging from improved security to personalized customer experiences. However, concerns about its potential for abuse have been voiced worldwide. This has not been more apparent than during Hong Kong’s pro-democracy demonstrations in 2019. The state used sophisticated monitoring techniques to suppress dissent, leaving protesters to contend with a nightmarish reality. This article will explore the use of facial recognition technology during these events, the protesters’ responses, and the broader civil liberties implications.

Facial Recognition Technology as a Tool for Suppression

By analyzing a person’s facial traits with extensive databases, face recognition technology helps police identify individuals. Although the technology is supposedly employed for public safety, its darker side was brought to light during the protests in Hong Kong. During the demonstrations, the semi-autonomous province was also able to utilize facial recognition technology, which the Chinese government has been known to use to track its citizens.

The protesters were aware that participating could result in arrests or other consequences, like being barred from future work or school opportunities. There was reason to be concerned; according to reports, officials monitored and identified participants using facial recognition cameras placed across the city. Due to fear for their safety, many were discouraged from joining the movement.

Authorities allegedly deployed law enforcement to protest hotspots using real-time video data alongside overt monitoring. This made it possible to crack down quickly, which deterred involvement even more. The protesters’ awareness of these strategies intensified the tense environment and emphasized the dangers of criticizing their government.

Protesters’ Countermeasures Against Surveillance

Understanding the risks posed by facial recognition technology, protesters adopted innovative and sometimes unconventional tactics to shield their identities. Three key countermeasures stood out:

Face Coverings and Laser Pointers

Protesters used masks, goggles, and other facial coverings to obscure their identities. This method effectively counteract facial recognition technology, which relies on unobstructed views of key facial landmarks. To further disrupt surveillance, they employed handheld laser pointers aimed at cameras, which blurred the recorded footage. This tactic was particularly effective in public areas heavily monitored by government-operated cameras.

These measures gained even more importance when the Hong Kong government enacted a ban on face coverings during protests in October 2019. The move was seen as an attempt to weaken the protesters’ ability to avoid identification, forcing them to weigh the risk of legal penalties against their need for anonymity.

Image 2: Skyscrapers in Hong Kong with student protestors camping in the road. Flickr.com.

Dismantling “Smart” Lampposts

Another tactic involved physically dismantling infrastructure suspected of housing surveillance tools. Protesters targeted “smart” lampposts, which were equipped with cameras and sensors capable of collecting data. In August 2019, demonstrators tore down these lampposts in Kowloon, suspecting they were being used for facial recognition and other surveillance purposes. This act of resistance underscored the deep mistrust between protesters and authorities. These lampposts became symbolic targets in the fight against surveillance.

By removing these lampposts, protesters sent a powerful message against the encroachment of state surveillance into public spaces. The act also demonstrated the lengths ordinary citizens were willing to go to protect their freedoms in the face of technological oppression.

Umbrellas and Creative Shields

Umbrellas, a defining symbol of Hong Kong’s earlier Umbrella Movement in 2014, made a resurgence as tools for privacy. Protesters used them to block cameras from capturing their faces, forming makeshift shields during confrontations. Umbrellas were especially useful in densely monitored urban areas. This method combined practicality with a symbolic nod to the city’s history of resistance.

Protesters also adapted other everyday items for use against surveillance. Aluminum foil, reflective materials, and even thermal blankets were used to obscure heat signatures and reflect camera images. These creative solutions highlighted the ingenuity of the demonstrators as they adapted to an ever-evolving surveillance landscape.

The Broader Implications of Surveillance Technology

The events in Hong Kong serve as a cautionary tale about the unchecked use of facial recognition technology. While the technology can offer benefits to law enforcement and public safety, its misuse can severely curtail civil liberties. Below are some of the broader implications:

Erosion of Privacy

The pervasive use of facial recognition technology threatens the fundamental right to privacy. In Hong Kong, protesters’ every move was potentially monitored, creating an environment of constant surveillance. Such practices set a dangerous precedent for governments worldwide, particularly in authoritarian regimes where dissent is often criminalized.

Suppression of Free Speech

The fear of identification and subsequent retaliation stifles free expression. In Hong Kong, many potential protesters chose to stay home rather than risk being identified by facial recognition systems. This undermines the principles of democracy and freedom of speech, cornerstones of any free society.

The suppression of free speech extends beyond the immediate protest environment. Surveillance tools can be used to identify individuals who post dissenting opinions online or participate in virtual activism. The integration of online and offline surveillance poses a new level of threat to freedom of expression in the digital age.

Exportation of Surveillance Tools

China’s use of facial recognition technology in Hong Kong is part of a broader trend of exporting such tools to other countries. Nations with authoritarian tendencies may adopt similar methods, enabling the global spread of surveillance states. The Hong Kong protests highlight the urgent need for international regulation and oversight.

Furthermore, the proliferation of surveillance technology raises questions about its commercialization. Private companies developing these tools often operate with minimal oversight, making it easier for governments to acquire and misuse them. Addressing this issue requires not only legal reforms but also greater ethical accountability within the tech industry.

Calls for Regulation and Ethical Use

The Hong Kong protests have amplified calls for stricter regulations governing the use of facial recognition technology. Advocates argue for a global framework that balances the benefits of the technology with protections for individual rights. Key recommendations include:

–Transparency: Governments and organizations should disclose how facial recognition data is collected, stored, and used.

–Accountability: Mechanisms should be in place to prevent misuse and hold violators accountable.

–Consent: Individuals should have the right to opt out of facial recognition systems where feasible.

–Independent Oversight: Third-party audits can ensure compliance with ethical standards.

These measures require international cooperation and enforcement to be effective. A united global stance against the misuse of facial recognition technology can help ensure that it is used responsibly and ethically.

Moving Forward

The 2019 Hong Kong protests revealed the double-edged nature of facial recognition technology. While it holds promise for improving security and convenience, its misuse can have devastating consequences for individual freedoms and democratic movements. The countermeasures adopted by protesters, from face coverings to dismantling surveillance infrastructure, reflect a broader struggle for privacy and autonomy in an increasingly monitored world.

As facial recognition technology continues to evolve, the lessons from Hong Kong serve as a reminder of the need for vigilance. By advocating for ethical practices and robust regulations, society can harness the benefits of this powerful tool while safeguarding the rights and freedoms that define us. The time to act is now, before surveillance becomes an irreversible norm.

The Hong Kong protests are not just a localized struggle; they are a symbol of resistance against the encroachment of state power through technology. The courage of these protesters underscores the universal importance of privacy, freedom, and democracy in the face of technological oppression.

Child Marriage in Niger: A Deep-Rooted Crisis and the Path Forward

Map of Niger — Image 1: Map pointing to Niger. Source: Yahoo! Images

Overview 

Niger has the highest frequency of child marriage globally, with 76% of girls getting married before turning 18 and 28% married by the age of 15. The health, education, and opportunities for girls are all significantly impacted by this prevalent practice. Although the problem is sustained by cultural customs, financial constraints, and gender norms, initiatives by regional authorities, global organizations, and civic leaders are encouraging hope for change. The causes, effects, and strategies for ending child marriage in Niger will all be covered in this piece. 

Understanding the Root Causes of Child Marriage 

Poverty and Financial Pressures 

One of the primary causes of child marriage in Niger is economic hardship. Many families struggle to support their children while living in poverty. In these situations, marrying girls at an early age often seems like a sensible solution. To help with their immediate financial burdens, families may get dowries or other financial benefits. However, young brides are often denied access to education, reducing their future earning potential; this exchange keeps females trapped in poverty cycles. 

Cultural and Social Norms 

Child marriage is mainly influenced by cultural customs and societal standards. Early marriage is viewed as a way to maintain family honor in many communities. In an effort to preserve their virginity and avoid premarital pregnancies, which might shame their family, girls tend to get married before they experience their first menstrual cycle.
These societal standards usually limit women’s duties to that of mother and wife, which deters people from funding their education. 

Limited Access to Education 

One of the most effective ways to prevent child marriage is through education, yet many Nigerien girls still lack access to it. There are often no schools in rural areas, and cultural norms favor boys’ education. Families who believe that females’ primary job is in the home may consider education unimportant, even in cases where it is available. This restricted access perpetuates early marriage and poverty cycles. 

The Harsh Consequences of Child Marriage 

Health and Maternal Mortality 

There are serious health risks for child brides, especially during pregnancy and childbirth. Adolescent pregnancies and early marriages are directly associated with Niger’s high maternal death rate. Due to their underdeveloped bodies, girls are more susceptible to complications, including obstetric fistulas and even death. Health issues not only endanger young moms but also affect their children, who have a higher likelihood of experiencing newborn complications and mortality. 

Psychological Impact 

Equally important are the psychological repercussions of child marriage. Many child brides suffer from depression, anxiety, and loneliness. They miss opportunities for personal growth and lack autonomy in their relationships because they are forced to leave their childhoods behind. These girls frequently experience abusive relationships, which adds to their trauma. 

Economic Disempowerment 

Economic disempowerment cycles are perpetuated by child marriage.  Girls who marry at a young age often abandon their education, limiting their access to jobs and financial independence. Leaving abusive or exploitative situations can be very challenging. As a result, this cycle continues, making their children more likely to experience poverty. 

Ongoing Efforts to End Child Marriage 

Governmental and Legislative Measures 

In accordance with global commitments, such as the Sustainable Development Goals (SDGs), the Nigerian government has taken action to combat child marriage. The legal marriage age has been raised to 18 by legislative reforms, but enforcement is inconsistent because customary law is still so prevalent. The government has adopted policies to enhance girls’ access to education and healthcare, recognizing these as essential elements of its national development plans. 

Community-Based Interventions 

Local leaders, including religious and traditional figures, play a crucial role in the fight against child marriage. Programs that engage these leaders help challenge and change the cultural norms that support this practice. Awareness campaigns and community discussions highlight the importance of education for girls and the health risks associated with child marriage. 

Education and Empowerment Initiatives 

Education is central to eliminating child marriage. Organizations working in Niger have implemented life skills programs to empower girls, providing them with knowledge and confidence to make informed decisions about their futures.  Additionally, initiatives to make schools safer and more accessible encourage families to prioritize their daughters’ education over early marriage. 

Economic Support Programs 

To address the economic causes of child marriage, families need financial support. Programs that provide financial aid or micro-loans lessen the pressure on daughters to marry young. By supporting families to reach financial stability, these programs allow them to invest in their children’s education and long-term welfare. 

Challenges and Future Directions 

Even with improvements, there are still major obstacles.  Laws against child marriage are not strictly enforced, especially in rural areas where customs predominate. The ongoing commitment to conventional values held by many families and community leaders undermines legal reforms. Change is also still hindered by economic disparity and restricted access to high-quality education. A comprehensive strategy is required to effectively combat child marriage. This includes: 

-Strengthening Law Enforcement: It is essential to ensure that laws against child marriage are continually enforced, especially in remote areas. To effectively handle situations of child marriage, local authorities and court officials must undergo training. 

– Expanding Educational Access: Education infrastructure should be invested in, especially in rural areas. Offering financial aid and other incentives may encourage parents to continue sending their girls to school. 

– Empowering Girls: Girls can oppose early marriages and fight for their futures with the support of empowerment programs that enhance their self-esteem and awareness of their rights. 

– Economic Development: The financial strains that lead to child marriage can be lessened by increasing family livelihood opportunities. Potential channels for economic development include agricultural assistance, small business grants, and vocational training. 

– Community Engagement: Local communities must support sustainable change. To alter societal norms, it is necessary to educate the public and engage religious and traditional authorities in the fight against child marriage. 

Path Forward 

In Niger, child marriage is a complex problem with roots in gender disparity, cultural customs, and poverty. In addition to devastating the lives of innumerable girls, the practice hinders the nation’s larger goals for development. Reform can occur through the collaborative efforts of local communities, international organizations, and the Nigerian government. Niger can end child marriage and provide a better future for its girls through offering economic assistance, education, and empowerment. Every action—whether it’s a family deciding to support their daughter’s goals, a community leader pushing for change, or a girl reclaiming her right to an education—brings the nation one step closer to this critical milestone. 

Pro-Democracy Activist Jimmy Lai’s Case and The History of Hong Kong

A man standing in front of Hong Kong protesters pointing out. — Image 1: A man standing in front of Hong Kong protesters pointing up to the sky. Source: Yahoo Image.

In recent years, many freedoms of Hong Kong citizens have been stripped away. Once a British colony now under the rule of Beijing, legislation has restricted the voice of its journalists and activists.

Critiques of the Hong Kong and Chinese government are met with an iron fist. New laws such as the National Security Law and Article 23 law have limited what can and cannot be said in public and media. Consequently, activist such as Jimmy Lai have fallen victim to these new laws.

Historical Background of Hong Kong, The National Security Law, and Article 23

Image 2: Protesters in Hong Kong. Source: Yahoo Image.

Britain acquired Hong Kong after the first Opium War with China, under the Treaty of Nanjing 1842. Negotiations of Hong Kong took place in 1984, with the signing of the Joint Declaration. In 1990, the Basic Law was completed which served as a mini-constitution for Hong Kong. The former British Colony was officially turned back over to the People’s Republic of China on July 1, 1997.

Beijing had promised Hong Kong a “One Country, Two Systems” rule and to continue their political practices for 50 more years. However, after an economic crisis in Hong Kong, Beijing sought to implement strict regulations in 2003. The National Security Law was proposed to be added to the Basic Law, but half a million Hong Kong citizens marched in protest. The bill was unable to be passed due to the pushback.

Despite citizens’ displeasure with the proposal in 2003, 17 years later, the National Security Law was put into place. This has heavily restricted many freedoms that people in Hong Kong partook in previously. The crackdown of this law came in the form of dozens of activists being arrested. In recent years, the recognition of the Tiananmen Square Massacre has been censored. With that, people are no longer permitted to hold vigils in memory of those who died during the protest. Beijing has frequently been exercising their authority to interpret the Basic Law in Hong Kong.

The Basic Laws are similar to a mini-constitution for Hong Kong. The Nationals Security Law (NSL) was passed in 2020. This heavily restricts Hong Konger’s rights to protests and freedom of speech and expression. Because of this new law, the Hong Kong government was able to pass Article 23. This article, officially called Safeguarding National Security Ordinance, creates new offenses, heavier prison sentences, and stronger enforcement for violations of national security. The law adopts mainland China’s definition of “State security threats” and “State secrets” which encompasses almost anything. The law is up for interpretation, but only the interpretation of the Hong Kong government and Beijing.

Who is Jimmy Lai? What is he charged with?

Image 3: Jimmy Lai standing with police officer holding his arm. Source: Yahoo Image.

Jimmy Lai first came to Hong Kong in 1961 at the age of 12. After having fled from Communist China, Lai had arrived at a colonized Hong Kong. Because of its national status at the time, he is considered a British National. As a child, Lai worked as a child laborer in a clothing factory, persevering through years of working in harsh conditions. By 1981, Lai opened a chain clothing store called Giordano. Through this Jimmy Lai became extremely successful.

As a result of the events at the Tiananmen Square Massacre, Lai began to dedicate his life to activism for human rights (see my blog post about China for an in-depth look into the Tiananmen Square Massacre and its influence on activists in Hong Kong and China). In 1995, he opened a newspaper called Apple Daily. Frequently, this pro-democracy media outlet would criticize the Chinese Communist Party (CCP).

On August 10, 2020, Jimmy Lai was arrested and in December 2020, he was charged with three counts of foreign collusion and one charge for sedition. For four years, Lai has been detained in the conditions that violate many human rights. According to Amnesty International, Lai has been subjected to solitary confinement and is allowed outside for less than an hour a day.

Jimmy Lai’s international legal team has reported that Lai, a Catholic, has been denied his freedom to practice his religion. In an interview conducted by Nick Schifrin, International Human Rights Lawyer, Caoilfhionn Gallagher said, “He’s also a devout Roman Catholic being denied access to the sacrament of holy communion.” While his legal team continues to fight for his release, Gallagher emphasizes the imperative danger that Lai is in of losing his life.

Lai’s son, Sebastien Lai, also spoke out about his father. In the interview, he worries about the passing of his father while in prison. Sebastien said that his ultimate goal was to see his father out of prison before his death. Despite their best hopes the chances of the case against Jimmy Lai being dropped are slim. Sebastien reflects on the memory of his father, “My memory of my father is always of this man smiling, because he knew that, despite all of this, he was doing the right thing.” This quote summarizes the kind of person Jimmy Lai is. One that fights for his freedoms and the freedoms of the people around him. Lai had not hesitated, in any of the times he was released on bail, to continue to attend Tiananmen vigils and stand up for democracy and freedom of speech.

The Lai Trial and November 20th Resumption Update

Image 4: Jimmy Lai in handcuffs being escorted. Source: Yahoo Image.

The long awaited trial of pro-democracy advocate, Jimmy Lai, began on December 18, 2023. Lai had been held in custody awaiting his trial for over 1,000 days due to delays from Beijing over their interpretation of the national security law. Beijing ultimately decided that Lai would not be allowed his choice of a British lawyer.

A trial that was only supposed to last 80 days, ran until June 11, 2024. The court was unable to have the mid-trial submission until July 24-25. Since then, the court has been adjourned until November 20, 2024.

In another case, Hong Kong rejected Jimmy Lai’s request for a jury trial in early October 2024. This was in response to Jimmy Lai bringing a case against Ta Kung Pao, a pro-Bejing newspaper, in November 2020. Ta Kung Pao had published defamatory statements regarding Lai in June 2020. In the article, Ta Kung Pao accused Lai of trying to escape and create chaos within Hong Kong. Unfortunately, Judge Queeny Au Yeung rejected Lai’s request, stating that the legal documents needed further in-depth examination.

The court case for the national security trial resumed on November 20 with the testimony of Lai. In the charges of collusion with foreign forces, Lai pleaded not guilty. Hong Kong’s Prosecutor Anthony Chau insisted that Lai was asking other countries, specifically the United States, to impose sanctions and encourage hostilities against Hong Kong and China.

In his first court testimony, Lai stated that it was not his intention to manipulate foreign policy in the United States to be hostile towards China and Hong Kong. This was in response to the prosecution bringing forth evidence of Lai’s “collusion with foreign forces” in a meeting he had with Vice President Mike Pence and secretary of state Mike Pompeo during Donald J. Trump’s presidency in July 2019.

Lai said that all he did was answer honestly of what was happening in Hong Kong when asked. In relation to his newspaper Apple Daily, Lai denies advocating for Hong Kong’s independence. He also reiterated that any conversations held with Officials from other countries were strictly professional. Lai further stated that the National Security Law would bring about the end of free speech in Hong Kong.

Conclusion: What is the international reaction? What can be done to help Lai and others?

The trial will continue throughout November while the rest of the world awaits the fate of Jimmy Lai. Amnesty International continues to call for the release of Jimmy Lai. Both the U.K. and the U.S. have criticized Beijing for the imprisonment of Lai. Beijing in response, has condemned the U.S. on its involvement with a “threat to the security of Hong Kong and China.” They have also stated that the U.K. should stay out of all legal processes.

“Support Jimmy Lai” is an online website that has been keeping track of Lai’s case. On the website they provide case updates and a timeline of Lai’s life. They ask people to show support by using the hashtag #FreeJimmyLai. If you would like to donate to the cause or for more information check out “Support Jimmy Lai.”

China: Violations of Freedom of Expression, Speech, and Peaceful Assembly

China's flag in front of the Great Wall of China. — Image 1: China’s flag in front of the Great Wall of China. Source: Yahoo Image.

Thousands of miles away, activists for basic human rights sit in prison cells. Most await punishments that far exceed the crime. In China, heavy prison sentences weigh on the shoulders of its brightest human rights activists, scholars, and lawyers.

According to Amnesty International, freedom of expression and speech is having the right to say what you believe and to call for a better world. To express your freedom of speech is to be able to openly, and without consequences, critique those in power. The United Nations (UN) states that the right to peaceful assembly is the right to hold peaceful gatherings, sit-ins, rallies, and protests without fearing repercussions.

Who are They? And What Does the Law Say?

Image 2: Protesters in Qidong, China. Source: Yahoo Image.

Human rights lawyer, Ding Jiaxi, has been imprisoned since December 2019 for subversion of state power. Also arrested for subversion of state power was Xu Zhiyong, a legal scholar.

Ding Jiaxi and Xu Zhiyong are members of the New Citizens’ Movement, a group of activists dedicated to creating a better China. Xu and Ding co-created the movement back in 2012 in order to shed light on government corruption. After a meeting with the activist movement in December 2019 in a Chinese city called Xiamen, multiple members were arrested. As a result of their critique of the Chinese government’s handling of the coronavirus, Xue Zhiyong and Ding Jiaxi were charged with “subversion of state power.” Both have been imprisoned, with sources saying that they have been subjected to various forms of torture.

By examining China’s laws regarding freedom of press and expression, a clearer understanding of the regulations that restrict the people of China is achieved. The State Council of the People’s Republic of China Article 5 states that the government must protect their citizens’ right to freedom of press so long as they do not criticize the basic principles of the constitution. Citizens must abide by certain regulations put into place of what they can and cannot publish. In support, Article 26 outlines specific regulations such as, no publication shall oppose basic principles and shall not endanger the unification, sovereignty and integrity of the State.

How then, can a people that are restricted from criticizing their own government be considered free? In 1989, Tiananmen Square became a testament to just how far the Chinese government was willing to go to suppress its citizens dissent.

Tiananmen Square History and Influence of Chinese Activist

Man standing in front of military tanks. — Image 3: A man standing in front of military tanks at Tiananmen Square. Source: Yahoo Image.

During the month of April, in 1989, a peaceful gathering to mourn Hu Yaobang, a liberal Communist Party member, took place in Beijing at Tiananmen Square. The gathering calmly turned into demonstrations that called for the abrupt end of corruption in the Chinese government. An estimated one million people joined in to peacefully protest their grievances.

In response, Martial Law was enforced and thousands of troops were released upon the protesters. They opened fire on those gathered and plowed through the crowds with military tanks. To this day, the Chinese government refuses to release any new information regarding the massacre. This event is prohibited from being spoken about or commemorated in China and Hong Kong.

The total number of deaths is unknown in China’s attempt to purge the memory of Tiananmen Square from history. The event is censored; families have been unable to mourn or acknowledge their loved ones. People are forced to forget, and the truth is neglected from the knowledge of a new generation.

Zhou Fengsuo is the Executive Director of Human Rights in China and was also a student leader at the 1989 Tiananmen Square Massacre. What was supposed to be a peaceful demonstration turned into a horrific bloodbath. Zhou was there when his peers were shot down in front of him. His eyes are a witness to military tanks and tear gas being used as a means to end the uproar. In his testimony Zhou wrote, “The scene was that of a war zone; a war conducted by the CCP’s army against the Chinese people.” Zhou calls out on foreign governments to take a firmer stance on China’s violation of human rights.

Activists Imprisonment of Chinese and Hong Kong Human Rights Activist

Image 4: Large group of protesters at Hong Kong protest. Source: Yahoo Image.

Xu Zhiyong writes in his book, A Beautiful China -Thirteen-The Citizens Movement, about his vision for China. In his writings, he talks of a better China; one that is accomplished through peaceful protest and nonviolence. He says, “We are all Chinese, and we will build a beautiful China together in the future.” Throughout his collection of twenty-four essays he repeatedly reiterates the importance of unity.

To be a true citizen is to have basic rights. Xu writes that when they have the right to vote and to speak freely they will be true citizens. People that are free are ones that can openly and without fear criticize their governments. In A Beautiful China Xu says, “Amid the absurd, we stick to the truth; amidst evil, we hold fast to our conscience; in the darkness, we create light.” Many Chinese and Hong Kong activists are dedicated to changing their governments.

After being handed over to China in 1997, Hong Kong was promised fifty years with their independent government. Halfway through their allotted time, Beijing implemented a law that gave them further influence in Hong Kong. As of 2020, the new law in Hong Kong, known as the National Security Law (NSL), was passed. This law has since then increased prison sentences and allowed for extreme censorship.

Chow Hang-tung and Jimmy Lai are both Hong Kong activists. Jimmy Lai was arrested for “colluding with foreign forces” and sedition. His newspaper, Apple Daily, which advocated for human rights such as freedom of expression and speech, was later closed down in June 2021. He has been held in solitary confinement awaiting his trial to resume in November 2024. Lai is 76 years old and only gets around 50 minutes of time outside a day. Chow Hang-tung was arrested after attending a vigil for the Tiananmen Square Massacre. She was imprisoned for 22 months and faces possible imprisonment again for 10 years or more. The new National Security Law states that she was “inciting subversion.” She has also been subjected to solitary confinement.

Chow Hang-tung, Ding Jiaxi, and Jimmy Lai have been considered by Amnesty International to be prisoners of conscience. A prisoner of conscience is someone imprisoned because of political, social, religious, or other personal beliefs.

Conclusion: What is China’s Response? What is the Global Reaction?

The United Nation Human Rights Council accepted China’s report on their Human Rights achievement for the 56th Universal Periodic Review (UPR). While multiple activists remain imprisoned in solitary confinement, Chinese Daily flaunts the approval given to them for their advanced improvements in Human Rights by countries like Russia, Algeria, and Venezuela. Chinese Daily said, “China welcomes and remains open to all constructive suggestions that are proposed in good faith to help it improve its human rights conditions.” This seems to be the case so long as the criticism and call for improvements, recognition, and change do not come from Chinese or Hong Kong citizens.

Amnesty International and Human Rights Watch, continue to call for the release of activists Jimmy Lai, Chow Hang-tung, Ding Jiaxi, and Xu Zhiyong. Activists like Zhou Fengsuo, who has been advocating for change in China for many years, will continue the fight for human rights. It is through them that freedom will be achieved.

Buscadoras: Women Searching for the Disappeared in Latin America’s Enforced Disappearance

After 3 years of searching, Yanette Bautista finally reunited with her disappeared sister. In the outskirts of Bogota, Colombia, buried under NN (No Name), using the same dress and jacket she was last seen wearing, the body of Nydia Erika Bautista was found. After a witness from the Colombian military confessed and tipped off the location of the body, Yanette, her lawyer, and a forensics expert were able to dig up Nydia’s remains.

The Bautistas are one of the many direct and indirect victims of enforced disappearances in Latin America. To this day, thousands of people continue to be missing, and their loved ones continue their search, hoping to one day end their anguish and bring justice.

people wearing masks that say "Where are they?" — Image 1: People wearing masks that say, “Where are they?” Source: Yahoo Images.

[Image 2] The Search Commision and the organization "Buscando Hasta Encontrarte" (Searching until I Found You) signed a covenant to strenghten searches. Source: Yahoo Images. — Image 2: The Search Commission and the “Searching Until I Found You” organization signed a covenant to strengthen search efforts. Source: Yahoo Images.

Enforced disappearances overview

Enforced disappearances are the arrest or abduction by state authorities or political organizations. In these cases, perpetrators deny any involvement or refuse to reveal the victims’ location with the intend of keeping them out of the protection of the law. Enforced disappearances violate fundamental rights, including personal liberty, protection from torture, and access to a fair trial. The International Convention for the Protection of All Persons from Enforced Disappearances was established in response to these grave violations. This convention is upheld by the Committee on Enforced Disappearances (CED) and the Working Group on Enforced Disappearances (WGEID), whose roles are to:

Ensure state compliance,
carry out investigations to locate victims and hold perpetrators accountable, and
provide reparations and support to affected families.

Enforced disappearances are widely spread in the Americas, linked to the proliferation of violent nonstate actors —gangs, cartels, armed groups—and serving as tools of state control. These disappearances have waves of repercussions, from the fear experienced by the victims to the sadness and uncertainty of their loved ones. Often testing the competency and efficiency of authorities, these disappearances force families to undertake searches when official investigations fail. Most victims of enforced disappearances are men, leading women and children to become the providers or breadwinners. The families, then, have great financial burdens and are more vulnerable to abduction due to their relations with disappeared family members, their role as witnesses and human rights activists, and their “defiance” of societal rules.

The work of women searchers

Despite having a target on their backs, women lead the search efforts for their loved ones, forming groups dedicated to collaboratively searching. They unite forces and resources to bring justice to their families. In the past, women-led collectives have done great work for the disappeared. Grandmothers of Plaza de Mayo in Argentina and Chilean women of Calama are examples. These collectives deal with the disappearances that occurred during dictatorships or government regimes and the relocation of family members.

Nowadays, social media plays a crucial role in search efforts for missing persons. In Guanajuato, Mexico, the group Hasta Encontrarte (Until I Found You) uses its Facebook page to share information about missing individuals and mobilize support for their recovery. Beyond social media, organizations like The Nydia Erika Bautista Foundation, created by Yanette Bautista, provide legal support to families. This foundation documents the stories of the disappeared and offers leadership training through schools across Colombia to empower families and advocates.

[Image 3] The Nydia Erika Foundation. Source: Yahoo images. — Image 3: The Nydia Erika Bautista Foundation. Source: Yahoo images.

How are women searchers affected?

Although collectives have the urgency and willingness, they face the financial burden of searching. Transportation, gas, food, water, lodging accommodations, tents, and coal may be required depending on location. Luckily, they collect money by organizing raffles and sales while receiving company donations. However, some governments, like the Mexican administration, have recently passed legislation that makes registration of collectives stricter and the reception of donations more difficult.

What’s more, families may also be vulnerable to scams. American Spanish-language news outlet Univision News reported that activists in Mexico denounced groups that charge $29 to $147 per week (500-3,000 Mexican pesos). They take advantage of how desperate the families are to create a business. Unfortunately, families may find these scamming groups before they come across better-established collectives without fees. Being scammed amid the despair of a disappearance further affects the families’ finances and their mental health.

Besides the financial aspect, women searchers face other obstacles. Amnesty International research reveals that the state and non-state actors can utilize their influence over the criminal system to open arbitrary and sometimes illegal criminal investigations against them. They may also stop the police from investigating accordingly. What’s more, societal stereotypes often blame mothers for “not keeping their children safe” or “not doing their job as mothers.” Comments like this spread guilt among mothers looking for their children. Women searchers, like human rights activists, are subject to threats and attacks, particularly in Honduras, Mexico, Colombia, and Brazil. They are vulnerable to gender-based violence, especially the sexual kind.

In Mexico, Teresa Magueyal, a member of the group Una Promesa Por Cumplir (A Promise to Fulfill), was searching for her son, José, who disappeared in 2020. Teresa was killed three years later in the same town. Two months later, Catalina Vargas, another activist member of the Collective United for the Disappeared in Leon, also disappeared. In August of 2022, activist Rosario Rodriguez was kidnapped by an armed group after a mass in honor of her disappeared son. Her youngest son called the authorities right away, but nothing was done. She was found dead a day later.

For more stories, check out the story of the Barajas Piña family, or listen to the “Hasta Encontrarte | Until I Found You” podcast on Spotify and Apple Music.

[Image 4] Protests against the high women homicide rates in Mexico. Source: Yahoo Images. — Image 4: A protest against the high women’s homicide rates in Mexico. Source: Yahoo Images.

The future of women searchers

While much progress remains to be made, important steps are underway to promote women’s safety in search efforts. The National Human Rights Commission has urged states to protect searchers, recognizing them as human rights defenders. In early 2024, Colombia passed the Proyecto de Ley (Project of Law), which aims to guard the rights of women searchers, acknowledging them as peacebuilders and individuals requiring special protection. Additionally, Amnesty International recently launched its #SearchingWithoutFear campaign to establish searching as a right that the state must protect. These initiatives highlight the vital contributions of women searchers and open the doors to developing stronger legal frameworks to ensure their safety. Continued community support and collaboration between governments and organizations are essential for reaching and supporting victims across national and international boundaries.

Human Trafficking: Sugaring and Social Media on College Campuses

Students walking on college campus — Image 1: Students walking on a college campus. Source: Yahoo Image.

For most people, college is the first time they are living away from home. Restless nights and cheap dinners line our schedules like old friends greeting us. Oftentimes, college students struggle financially. College campuses can easily turn into hotspots for people trying to find fast and easy ways to make money.

People on social media platforms are always advertising for side gigs. Maybe it is a convenient modeling gig that wants new people, or maybe it is a random person in your DMs asking you to be their sugar baby. Suppose you’ve ever received a DM or ad like that, and you might have laughed them off. But have you ever thought about the implications of those messages and ads? What are they actually asking you? And could there be a darker side to their propositions?

The startling reality of human trafficking is that it can happen in plain sight. Trafficked victims are not always locked away and secretly exploited. Social media, dating apps, and dating websites are used to recruit victims into human trafficking. Traffickers will create deceptive jobs or opportunities that a person more vulnerable may be susceptible to.

Human trafficking is the use of fraud, coercion, and/or force to acquire labor and/or sexual acts. Blue Campaign is an organization that outlines guides for recognizing human trafficking victims and things to look out for in college students. Persons who may be more susceptible to becoming victims might struggle financially, lack support, be considered people pleasers, and be someone on their own for the first time.

The Process and Sugar Dating Among College Students

Image 2: Letter cubes that spell online dating. Source: Yahoo Image.

Relationships between sugar babies and sugar daddies are based on the exchange of goods, money, and other incentives for intimate images and/or sexual intercourse. This relationship creates an imbalance of power. Sugar dating websites advertise themselves as your average dating website. The former sugar dating website SeekingArrangement, now known as Seeking, offers mutually beneficial relationships for its members. In the section, How Seeking Works, the first sentence advertises a luxury site for beautiful and rich people to meet.

These sites are aimed at younger people who struggle with money problems. In the Polaris Project, they examine the process of how human trafficking can begin. In their introduction to the topic, they state: “Sometimes they offer material support – a place to live, clothing, a chance to ‘get rich quick’.” Traffickers offer “support” to their victims either monetary, materialistic, and/or emotional.

While not everyone on sugar dating websites will be trafficked, the power imbalances of the relationships can create unhealthy environments that can lead to even worse circumstances. Some college campuses, like Georgia State University, have been reported to have decent amounts of students using sugar dating websites. To combat this, the university has implemented a National Campus Safety Month. College campuses are encouraged to hold information events and send out resources that students can use to be educated on the subject.

Social Media in Trafficking

Social media collage that says, "The Real Impact of Social Media" — Image 3: Social media collage that says, “The Real Impact of Social Media.” Source: Yahoo Image.

Recruitment can happen in many different ways. Not only can a trafficker manipulate a victim in person or on a website, but also on social media. These are some of the most popular places where recruitment can take place. In a study by the Pew Research Center, the most used social media platforms were YouTube, Facebook, and Instagram. When narrowing the age to under 30, the majority of platforms used are Instagram, Snapchat, and TikTok.

Another study showed that 84% of adults ages 18-29 use some type of social media. Out of that number, 70% use Facebook, and a large sum use Snapchat, Instagram, and/or TikTok. Traffickers have been found to use social media to groom their victims. By faking relationships, they gain the trust of their victims. The technique that is used is called “boyfriending” where traffickers will portray themselves as loving partners and confidants. Traffickers will look at potential victim’s social media for signs that they might be easy to manipulate. People who overshare online and show active struggles with things such as financial stability, lack of romantic life, and loneliness are at higher risk of becoming targets.

It has also been reported that traffickers use social media as a means of control. Victims’ social media are heavily regulated and their messages are monitored. In some instances, the trafficker will take complete control of the victims social media, going as far as to impersonate them. From there they are able to post explicit images and videos; some even communicate with friends and family. The purpose is to further alienate the victim from any potential support systems.

Social media–as is the case with many things–has the potential for good and bad. While it is a tool for recruitment and controlling victims, it has also given escape routes for fortunate survivors. Social media platforms like Snapchat allow for disappearing messages and pictures. In some cases, this has been used to communicate with outside forces that could help them escape their dire situation.

How to Prevent, Things to Look For, And Sources to Use

Image of face made up of the words, "Don't Close Your Eyes To Human Trafficking" with blindfold covering eyes — Image 4: Artwork of face with a blindfold on for human trafficking awareness. Source: Yahoo Image.

College can be a stressful time for people. For the majority of students, it is their first time away from home. Each year, college gets more expensive, and with these added expenses comes added pressure and stress. It is in times like these that it can be especially tempting to turn to other means of financial and emotional support.

It is incredibly important to be conscious of the things we post on our social media. It is even more detrimental that we are aware of online “friends” and whether or not they are using manipulation tactics. By being more aware of our and other people’s social media presence, bad situations can be avoided. Taking an active role in our community and spreading awareness are important ways to help in the fight against human trafficking. It can be as easy as sharing an article, donating to organizations that support survivors, keeping a lookout, and reporting strange ads, websites, or social media users. Human trafficking is one of the biggest stains on our society as humans. As advances in technology increase, so too do new methods of recruitment. It is imperative that social media platforms and websites that advertise connection with other people have better preventative systems in place.

A source to report human trafficking is the Homeland Security Investigations (HSI) Tip Line. If you want more information on safety tips, check out the National Human Trafficking Hotline. There are many organizations that dedicate their resources and time to helping trafficked survivors. The WellHouse is one of those organizations that provides survivors support and a chance to reintegrate into society. At this organization, survivors are given structured support on their healing journey, opportunities to further education, and encouraged to pursue personal interests. The WellHouse has a shop where you can help support survivors by buying handmade jewelry. If you would like to donate, support through purchasing at their shop, or volunteer, check out the WellHouse.

The Battle of NGOs in Nicaragua: A Human Rights Crisis

Arbitrarily detained, beaten in prison, exiled, and stripped of their nationality has become a common experience for activists in Nicaragua. This is the case of Kevin Solís, who was arbitrarily detained twice; in 2018 for allegedly obstructing public services and carrying a firearm, and later in 2020 for alleged robbery and assault. The United Nations Working Group on Arbitrary Detention determined there had been irregularities in the legal procedures of Kevin’s case, a violation of his legal rights, and a concerning threat to his rights to life and integrity. Along with Solís, another two hundred political prisoners were released in 2023, some of whose citizenship was later revoked. Nicaraguan president Daniel Ortega’s war against NGOs is rooted in his plan to crush opposition to his leadership and avoid responsibility for human rights violations.

But how did Nicaragua get to this point?

2018 was the start of a large and violent retaliation of the government against protestors. However, 5 years prior, discontent was already blooming in the Nicaraguan people’s hearts. The Nicaraguan Congress passed, on June 13, 2013, a law that affects the future livelihood of many communities, Law 840. The law deals with the development of infrastructure and free trade zones. As a result of this legal advancement, communities would be pushed out of their homes to accommodate ‘new and improved’ facilities. According to an Amnesty International report, Law 840 allows the government to authorize the construction of projects without consulting the communities that would be affected. Among those is Francisca Ramirez, whose community learned about a new project approved through Law 840 in a televised announcement by President Ortega. To their surprise, the president had sold the land they lived on to foreign investors for canal construction and subsequent amenities. Francisca and her community, along with other human rights activists, took their concerns to the streets to advocate for their rights and oppose the Canal. Yet, they were met with threats, harassment, and arrest.

Protests of 2018

Localized demonstrations in response to President Ortega’s actions continued until 2018 when large-scale protests exploded in the streets of Nicaragua. The Nicaraguan people responded negatively to the new changes the Ortega administration implemented to the social security and pension system. However, it wasn’t all about social security. Previously, widely censored media was combined with excessive use of force by police officers who were firing tear gas and rubber bullets at protestors. Hence, years of corruption and repression of peaceful protest made the population join the rally against the new social security measures. Human Rights Watch reported on the injured and death toll after initial protests, in which the Nicaraguan Red Cross claimed to have helped 435 injured people between April 18th and 25th, while the CIDH listed 212 people dead between April 19th and June 19th, 2018. In this same report, it is stated that Nicaraguan newspapers that spoke about the protests and the death toll were later impacted by the government’s agenda against media outlets that didn’t back up President Ortega. Independent and critical newspapers like El Nuevo Diario had been unable to access paper and supplies due to a blockade on imports imposed by the Ortega administration, said Carlos Fernando Chamorro, an exiled journalist and director of El Nuevo Diario. Chamorros’ exile follows the trend of journalists and communicators who have been imprisoned and forced to leave the country to speak against Ortega.

Image 1: Daniel Ortega is sworn into Nicaragua’s leadership for his 4th presidential term. Source: Yahoo images

What does the Government have to say?

The Ortega administration made several claims invoking laws that have increased monitoring, making NGOs’ work more difficult and giving the government grounds for forced dissolution. A legal framework was created to regulate organizations and individuals that receive foreign funding and utilize those funds to attempt to undermine the nation’s sovereignty and independence. Among some of the requirements, organizations need to present monthly reports of who their donors are or their source of income. For NGOs, this law means that whoever receives foreign funding or fails to report accurately would be stripped of their political personality. And this is exactly what happened. Invoking this framework, it was stated in an official release that the organizations had not complied with the law by reporting their finances, which also led to accusations based on money laundering laws.

The pro-Ortega news outlet La Nueva Radio Ya called the 2018 protest a “coup” orchestrated by NGOs associated with organized crime and international organizations like the OEA (Organization of American States) and IACHR (Inter-American Commission on Human Rights) who want to push an imperialistic agenda into the Nicaraguan people. The article dismissed the reasons for the protests as well as the number of injured and dead protestors. Instead, it focuses on the number of police who were injured and killed, claiming there was never such an assault against the national police force, which in turn shows that the protests were not peaceful. Equally, it holds that the “failed coup” led to kidnappings, assaults, torture, murder, and a great impact on the jobs and the incomes of many families.

Nicaraguans protesting in 2018 after changes to the pension system. — Image 2: Nicaraguans protested in 2018 after changes to the pension system. Source: Yahoo images

NGOs have faced villainization and limitations of their funding and activities because they were thought to be too politically involved. Staying on trend with other democracies and post-soviet governments, after the events of 2018, Daniel Ortega’s administration escalated violations of free speech and freedom of assembly, starting a public crackdown on individuals and groups who spoke against his leadership. In addition to the medical associations, climate change, education, and more, one type of largely targeted NGO was religious. So far, clergy members have been imprisoned and exiled, catholic churches and universities have shut down, and the legal standing of charities has been revoked. On the last round of suspensions on August 19th, 2024, hundreds of the 1,500 NGOs were small faith groups whose property may be seized.

Ronaldo Alvarez, a Nicaraguan bishop, put a target on his back after speaking on human rights issues and the retaliation of the government against religious organizations. He was under house arrest in his home and later at his parent’s house while he was investigated for inciting violence. The priest was later accused of “conspiracy against the government, carrying out hate acts, and damaging society.” Others, such as priest Oscar Benavídez, were indicted at the prosecutor’s office on unknown charges.

Reactions of the International System and Future Implications

The United Nations General Assembly released the resolution 49/3 calling for the protection of human rights in Nicaragua. The resolution includes requests for the Government to fully cooperate with the monitoring and reporting of human rights, including the free passage of human rights groups to assess the country’s conditions. The Inter-American Commission of Human Rights (IACHR) has also pronounced itself on the crimes against humanity perpetrated in the state and encouraged accountability for human rights violations. The press release cited the impactful reports it had filled on the closure of universities, crackdown of media outlets, and repression against Indigenous and Afro-descent who opposed the government. At the same time, the IACHR followed suit; the U.S. imposed sanctions and additional actions, such as visa restrictions on Nicaraguan officials who were involved in the imprisonment and violence against religious institutions and religious leaders. The international system is concerned with the violent developments in Nicaragua and the lack of accountability. However, the ability of international instruments to punish is limited, and without the cooperation of the rest of the international community, Nicaraguans won’t receive much outside help.

No NGOs to advocate for the rights of the people they protect means there are no organizations with enough structure and funding that can help people in a situation where the oppressor is the state. These groups were able to provide individuals with resources and programs that the government didn’t or was unable to. Now, their access to the safe spaces NGOs create is rapidly crumbling down. The persecution of NGOs should be addressed by a large number of actors in the international system to apply pressure on the Ortega Administration and support Nicaraguans. Although the fate of Nicaraguan-based NGOs is uncertain, check out other organizations that survived the last wave of suspensions, like El Porvenir (The Future).

Universal Approaches to Human Rights: An Analysis of Positive Peace

Positive Vs. Negative Peace

Following a discussion in one of IHR’s Social Justice Cafes, I decided to take a deeper dive into what the terms positive and negative peace entail and what countries across the globe are setting the standard for effective human rights practice. Peace, as we know it, can be defined as freedom from disturbance or fear of violence. So, how then can we have two separate types of peace? The answer is simple. Negative peace is more in line with the definition we are familiar with, implying a lack of disturbance or violence in everyday life. Positive peace takes things a step further by implementing systems and institutions to proactively combat the disruptions of peace before they arrive.

Positive Peace Index

According to the Positive Peace index, a rating scale defined by the attitudes, institutions and structures that create and sustain peaceful societies, 163 countries ranked from best peace practices to worst across the globe. Ratings are based on eight separate factors known as the eight Pillars of Positive Peace, which portray the tolerance level of the country as pertains to varying areas. The pillars are as follows, Acceptance of the Rights of Others, Equitable Distribution of Resources, Free Flow of Information, Good Relations with Neighbors, High Levels of Human Capital, Low Levels of Corruption, Sound Business Environment and Well-Functioning Government. All categories were based on a 1 to 5 scale with 1 being extremely tolerable and 5 being not at all tolerable. During my study, two countries stood at the opposite ends of these spectrums, Finland and South Sudan.

Man holding Sudanese flag in crowd. — Source: http://paanluelwel.com

Finland ranks number 1 out of 163 countries on the Positive Peace Index scale with an overall 1.43 out of 5. This implies that the country is most tolerable and actively encouraging the eight pillars among its citizens. A closer look at this country’s practices will be taken later in the article. Coming in at number 163 out of 163 countries on the Positive Peace Index is the country of South Sudan, scoring 4.4 out of 5. A 2023 study done by Amnesty International dives deeper into the human rights violations that led to this score. The study showed grave violations to the right to life, movement, safety, refuge and food with over 40% of the population experiencing food insecurity. A report done the same year shows Finland had a number of installments of systems to proactively combat human rights violations including introducing a bill to protect indigenous people, providing support to Ukrainian refugees and expanding LGBTI rights. Although the country still experienced some shortcomings, it stands as a shining example to other countries on the list of how to implement positive peace in its human rights practices.

A woman holds a human rights flag during Helsinki pride. — Source: Flickr

America and Positive Peace

So, where do we stand on the list? American exceptionalism would have you think we were somewhere in the top ten at the very least. On the Positive Peace Index score, the United States of America is tied with Spain coming in at number 26.5 out of 163. Good Relations with Neighbors and Acceptance of Rights of Others are the two pillars that scored the highest with 3.049 out of 5 (remember 1 being extremely tolerable and 5 being not at all tolerable). A study done in 2023 by Amnesty International discusses why the US received this score, highlighting instances of gender-based violence, legislation against LGBTQI communities and nationwide restrictions on reproductive rights. A deeper look at the way lower ranked countries address and administer positive peace may have the potential to move us up in the ranks.

An analytical approach to how nations are administering positive peace requires that we look at the ground level to see what is working for its citizens. In the category of Good Relations with Neighbors, Amnesty International reported extensive support to refugees in Finland although they did shorten the time they would provide international protection. On the other hand, and in the circumstances of the US, a new legislative ban was put in place against asylum seekers altogether. Another example can be seen in the category of Acceptance of Rights of Others, the other category in which the United States scored as being highly intolerable. In addition to a bill put in place to protect the indigenous of Finland, the country also pushed forth legislature to make gender recognition available for members of the LGBTQI community. In the US report communities experience increased violence based on their true or perceived sexual identity, anti-LGBTI laws increased as well as discrimination against citizens of perceived Islamic or Jewish origin after the October 7th Hamas attacks.

While the solution to creating more positive peace systems should be apparent to leaders of nation states, it is difficult to convince a country that their ways are not the way, and social engineering cannot be a top-down process. As a member of society, it is our duty to speak up against the smallest injustices that we encounter. Simply treating a human like a human can have vast outcomes on the difference in relations between neighbors and accepting the rights of others. In Samuel Moyn’s, The Last Utopia, the author speaks strongly about how universal human rights is an idea that simply does not exist, but that we all wish to strive for. In the words of my favorite professor, Jordan Kiper, I encourage human rights advocates to continue to “do the good work”. Whether that work is in discourse, research, instruction, conservation or simply observation.

The idea of universal human rights is attainable through implementation of lasting systems of positive peace. Negative peace has too long been the standard in our history. Those in authority in our government may not want to know what these positive systems of peace look like in our society today, but the discourse has already begun. It is possible that the future of positive peace begins right here with us.

Poland: Human Rights Implications of the Recent Election

by Jillian Matthews

Poland is a highly polarized nation, with many valuing tradition, culture, and national identity. The combination of these three components, along with repeated rightwing electoral victories, has led to the democratic backsliding of the country, seen in their overreaching policies regarding women’s reproductive rights, LGBTQ+ rights, and judicial reform. Although many human rights violations have happened throughout the country in the past few decades, the results from the most recent election, held on October 15, 2023, have the potential to expand rights to more citizens in the country. To properly describe its importance, I will explain the political context surrounding this recent election before moving on to discuss the future administration and its potential impacts on human rights.

Political Context

Even while under communist rule, Poland has been a predominantly Catholic state, with an overwhelming majority continuing to practice Catholicism today. Traditional Catholic values continue to influence Poland’s political policies and the opinions of many citizens. This influence is most notably seen in the rise of the Law and Justice Party (PiS), with its social policies rooted in Catholic norms and having close relations with the Catholic Church. Up until the October election, PiS controlled the government and had, since 2015, used its eight years of authority to undermine democracy and human rights. These influences have shaped the repressive policies on issues such as women’s autonomy, LGBTQ+ rights, and judicial practices. Listed below are the current status of these issues, showing the political climate leading into the 2023 election.

Women’s Bodily Autonomy

Under the current administration, abortion has continued to be a huge issue. While abortion was essentially banned in 1993, a 2020 amendment tightened restrictions even further. The recent change eliminated the option for abortion even when the fetus is known to have developmental problems or health conditions incompatible with life outside the womb. Prior to the ban, around 90% of all abortions performed in Poland happened for one of these two reasons: after 2020, women were required to carry even unviable pregnancies to term. While abortions are allowed when the life of the mother is threatened, this doesn’t mean that doctors will provide the necessary care. Countless stories have been recorded of Polish doctors overlooking women’s birth complications, favoring the life of the child, even when the child is unlikely to survive and the mother is likely to die or suffer lifelong complications.

Polish women protest for their bodily autonomy. Source: Yahoo Images

In cases where an abortion is not deemed essential to save the life of the mother, doctors who carry out abortions are subject to punishment. If caught aiding an abortion, . This puts women and their doctors in a dangerous position, with women unable to access necessary help and doctors unable to provide adequate assistance without fear of imprisonment.

Not only is abortion increasingly difficult to obtain, but so is contraception. Out of all European countries, Poland ranked the lowest in terms of contraception access. For example, unlike in many European countries, Poland prohibits access to emergency birth control and hormonal birth control without a prescription. All of this shows the lack of women’s bodily autonomy, which can be interpreted as violating the human right to health and poses a threat to all women in Poland.

LGBTQ+ Rights

Those in the LGBTQ+ community face frequent discrimination and a lack of legal protections throughout Poland. Even since the adoption of the modern Polish Constitution in 1993, marriage is seen as proper only when between a man and a woman, meaning that gay couples receive no legal protections when married. Under PiS, steps were taken to further ensure traditional family norms, as seen with the party’s campaigning for a “family charter,” which sought to end marriage between gay couples and eliminate their ability to adopt children. This, along with a rising number of Polish cities that have decided to implement so-called “LGBT Ideology Free Zones,” has led to a climate that actively oppresses those within this community.

Throughout the European Union, Poland ranks the worst regarding LGBTQ+ rights, with only 15% of family, equality, and recognition rights being obtained. Unfortunately, activists cannot look to the Universal Declaration of Human Rights (UDHR) for assistance, as the document lacks protections on the basis of gender identity or sexuality. This omission of rights from the UDHR makes it nearly impossible for LGBTQ+ members to advocate for legal protections, having no doctrine to support their claims. Not only does this issue show that changes need to be made within Poland, but also the need to expand protections within the UDHR to provide a solid foundation for other advocacy groups worldwide.

Judicial Protections

Human rights concerns in Poland go beyond social issues; in fact, they bleed into the governmental structure itself. In 2019, a law was passed that undermined judicial independence, allowing the government to punish judges who question the legal changes made by PiS. This raised serious global concern, as this move would have allowed the executive branch to have control over the courts effectively, eliminating one of the greatest checks on executive and legislative power in Poland. This followed similar judicial changes that were ultimately made to serve the party. These changes included lowering the retirement age and appointing party loyalists to the Supreme Court. All of this led to the European Courts deeming these judicial revisions illegal in June 2023, making it an even more pressing issue leading into the latest election.

This infringement on the separation of powers causes a genuine and well-defined human rights violation, going against Article eight of the UDHR Article eight grants all humans the “right to an effective remedy by the competent national tribunals,” which is not available when the government has major authority over court cases.

The Recent Election

Given these issues and the increase in authoritarian policies, voters were aware that the 2023 election was extremely important, as seen in the voter turnout rate of about 73%, the highest rate since the fall of communism in 1989. Before explaining further, it’s important to note that Poland has a parliamentary government, meaning citizens’ votes are translated up to the legislature as a percentage of party representation. For example, if a party gained 30% of the total vote, they would receive that much representation in the legislature. This is necessary to know when understanding the outcome of the election.

Polish citizen votes in the election. Source: Yahoo Images

The Results

The results are as follows: the Law and Justice Party (rightwing) received a plurality of the votes, at 35.4%, Civic Coalition (center-left) received 30.7%, Third Way Coalition (centrist) at 12.4%, and Lewica (far-left) at 8.6%. While PiS holds a plurality, the remaining parties will likely form a center-left coalition, which would oust PiS from power and install a new government with a pro-democracy, pro-human rights agenda.

Likely Impact

Given the percentage of seats held by rightwing versus leftwing and centrist parties, progressive parties will likely assume power and work to steer Poland back to valuing democratic ideals and aligning more closely with the European Union. The three parties that are expected to form the new Polish government all promote democracy and pro-Europeanism, making it likely that action will be taken to support the oppressed groups mentioned above. It is also more probable that European Court rulings regarding the judicial branch will be respected and upheld.

Conclusion

In conclusion, the 2023 election results hold great promise in regard to human rights in Poland. As the Law and Justice Party (PiS) loses its grip on the government, a center-left coalition will likely form and create an overwhelming majority. Although these results won’t be officialized until December, many believe rights will be expanded under the new regime, and Poland can set a precedent for a return to liberal democracy within Central Europe.

Capital Punishment and the Right to Life

A black and white picture of a prison cot with five belts used to strap down inmates in order to give them a lethal injection. — While it may seem like a common practice throughout the world, only about 28% of countries still maintain the death penalty in both law and practice. Source: Yahoo! Images

Stay tuned for my next article, where I will explore how the process of the death penalty, as well as the methods used to end the lives of inmates, may bring up additional human rights concerns. That article will be posted in the upcoming weeks.

October 10th is the World Day Against the Death Penalty.

It was my eighth birthday. I had gotten home from school and after eating my snack, I sat down on the couch. My birthday is in January and my mom hadn’t gotten around to packing up the expensive nativity scene from my grandmother that was set out on the sofa table behind my head. I got bored with my show, as eight-year-olds do, so I turned around and started playing with the porcelain figurines. To me, they were no more than stiff, less fun Barbies. Little did I know all it took was one little high-five between Joseph and the wise man with the frankincense before *CRACK* Joseph lost a hand.

I still remember my mother’s face when I told her what happened. This nativity scene from her mother-in-law meant so much to her and she was feeling so many emotions. I knew that I deserved to be punished in some way for my mistake. I sat in time out for a while, I got a “stern talking-to” when my dad got home, and I didn’t see my favorite (real) Barbie for weeks.

My eight-year-old, future-philosophy-student self couldn’t help but question why all of this was happening to me. It was my birthday; my parents were supposed to be nice to me that day, but I still got in trouble. I knew that I should’ve been more careful with the figurine, but I also knew that what I did was an accident. I knew as soon as it broke that I had caused a problem, but I almost immediately learned from it: this material is weaker than Barbie material so I would need to use gentler hands when holding it. But I still couldn’t figure out why my parents were doing this. As I grow up, this concern still follows me. What motivates society to punish people who break the law? How could our system of punishment improve to allow people to learn from their mistakes and to still participate in society?

A drawing of a man in an orange jumpsuit with his head down standing behind metal bars. One of the bars makes the shape of a noose around his head. — Minorities, especially racial minorities, make up a disproportionate percentage of prisoners on death row. Source: Yahoo! Images

Theories of Punishment

Retribution

The Retribution Theory of punishment holds that people who harm others deserve to be harmed and that the justice system should give them what they deserve. I like to call this the revenge theory or the “eye for an eye” theory. The arguments for this theory are, in my opinion, not very strong. Sure, it seems intuitive that when somebody wrongs us we want to wrong them back, but what good does that do? And should we really set up an entire justice system based on retribution when that only causes more harm to people, despite if they “deserve it?”

Deterrence

The Deterrence Theory of punishment holds that societies should punish moral failings in a way that when people hear about the punishment for a certain crime, it deters them from committing it. For example, people may not use drugs because they are afraid of what would happen if they got caught. If we want people to stop doing drugs, according to deterrence theory, we should inflict harsher punishments for those caught with drugs. The main critique of this theory is that it does not deter people from doing the thing, it only deters people from getting caught doing the thing, thus driving the whole crime farther and farther underground.

Restoration

The Restoration, Humanitarian, or Utilitarian theory of punishment is based on the idea that after a harm occurs, we should avoid any further harm coming to anybody involved. This may entail rehabilitating people with addictions to live addiction free or mandating driving school and road safety courses for negligent drivers. This doesn’t just apply to low-level crimes though. This may mean a prison system similar to Norway’s, where even the most violent criminals are kept in a remote community where their rights and privileges are upheld. The average sentence is around 8 months, and after they’ve had time to reflect on their actions, they are allowed to return to society as usual. Click here to learn about what went into the design of one of Norway’s most famously humane prisons. This theory is often criticized as being “soft on crime,” saying that if we don’t make going to prison incredibly unpleasant, criminals will not have any reason not to re-offend.

A wooden electric chair against a dirty wall in the background. — The youngest person to be executed by electric chair in the 20th century was 14-year-old George Stinney Jr. His conviction was later vacated as an unfair trial. Source: Yahoo! Images

Pragmatically, when we are deciding which theory of punishment to ascribe to, we are balancing the weight of the government’s function that motivates law enforcement with the human rights of everybody involved in the crime.

So what is the government function of capital punishment and does it outweigh the most fundamental human right, one’s right to one’s own life?

Government Function

It is widely agreed upon that the government’s most fundamental function is to protect the rights of people in its jurisdiction. This includes mediating conflicts in which a person impedes on another’s rights. In these terms, the crime of theft is when a perpetrator impedes on the victim’s right to own property. In this case, the government then has an obligation to interfere in some way to bring justice to the victim. Most of the time, this interference will constitute the government temporarily impeding on the rights of the perpetrator themselves. This may mean keeping them in jail until their trial, imposing a fine on them, or even sentencing them to prison time.

Human Rights

The right to life is inarguably the most fundamental natural human right that exists. All humans have a fundamental right to live their bodies’ natural lifespan through to its end. It can even be argued that humans have the right to the best healthcare available to extend their lifespan as long as possible. Without the right to life, no other human rights of any kind can be realized. This is why the most widely recognized phrase about human rights lists life as the first.

As the Declaration of Independence states, “We hold these truths to be self-evident: that all men are created equal and from that, they derive inalienable rights, among which are life, liberty, and the pursuit of happiness.”

To take someone’s life is to take away that person’s most fundamental, widely-recognized human right.

Balancing Both

Does the governmental function of societal safety ever justify taking away the perpetrator’s number one human right? Especially when, given that life in prison is an alternative option, societal safety is not even at risk by keeping these people alive. Many people will argue that keeping them in prison requires too many resources whereas the death penalty is a quick and easy way to save resources for the rest of society. Not only does this completely dehumanize people who have committed crimes, but it also switches the governmental interest from public safety to the much less compelling governmental interest of distributing resources. The interest in these resources is not compelling enough to justify the deprivation of someone’s life. Even if you think it is okay to impede on a perpetrator’s rights to prevent them from causing more harm to society, it is unclear that the deprivation of life would achieve this goal when life in prison is an alternative.

The sun shines behind a wooden gallows with two nooses hanging down. — Three states still allow hanging as a possible execution method. Source: Yahoo! Images

According to the Retribution theory, people who took another life deserve to be killed solely on the “eye-for-an-eye” principle. But something doesn’t sit right when we try to defend this principle without dehumanizing people convicted of crimes. As a society, is it a good thing that we think a certain group of people deserves to die, even if their qualification into that group was voluntary?

According to the Deterrence theory, the death penalty may actually be an effective deterrence for prospective criminals. If they knew that committing this crime may literally mean the end of their lives, they may not commit the crime. However, it is unclear that the deterrence factor of life in prison, essentially ending people’s lives as they know it, is so much less effective than the deterrence factor of the death penalty that it justifies taking lives.

According to the Restoration theory, capital punishment stands no chance. This theory is based on the hope of rehabilitation for criminals, even if that means they are only ever restored insofar as to live a meaningful life in prison. This theory is considered to be the most humane approach to punishment, and as far as research can tell, the one compatible with the lowest recidivism (re-offending) rates.