One of the best things that my 12th grade high school teacher encouraged me to do was to read and watch Just Mercy, a book written by Bryan Stevenson and a film directed by Destin Daniel Cretton. Both the film and book allowed me to greater understand the importance of confronting injustice, while also standing up for those wrongly convicted.
The death penalty has been present in societies for hundreds of centuries, dating all the way back to before the establishment of Hammurabi’s Code in 18th century BC. Hammurabi’s Code laid the foundation of the death penalty for 25 different crimes; placing emphasis on theft between two groups of people. Hammurabi’s Code also established punishment as equal to the crime committed, as known from historical references as “an eye for an eye, and a tooth for a tooth.” These types of punishments were often cruel and included crucifixion, burial alive, impalement, and others.
The Guillotine, one of the older methods of execution, was introduced in France in 1792. This device fixes the head between two logs with a heavily weighted knife suspended a couple of feet in the air. This method of execution was introduced to make the process of execution “by means of a machine,” making it “as painless as possible.”
Lethal Injection consists of an anesthetic alongside chemicals used to paralyze the prisoner and stop the heart. This form of punishment exists in China and Vietnam.
Surprisingly, the United States also uses the lethal injection, with the most recent execution taking place on September 24th, 2020. “Christopher Vialva was sentenced to death for the 1999 murders of Todd and Stacie Bagley.” Vialva’s execution was the 1,526th in the United States since 1976, 10th in the federal system, and the 1,346th person executed by means of lethal injection.
Although the injection is designed to kill ‘quickly’ and ‘smoothly,’ inexperience on the part of prison staff has flawed the execution process. One case in particular is that of Dennis McGuire. Reports show that after the injection was administered to Dennis McGuire, he gasped and convulsed for 10 minutes; much longer than the time that previous injections have taken to execute someone, before dying.
Execution by electrocution occurs when a prisoner is strapped to an electric char with a “metal skullcap-shaped electrode” attached to their scalp or forehead. Following these actions, the prisoner receives a jolt of electricity up to 2000 volts for up t o30 seconds, until the prisoner is dead.
Electrocution is a method of execution carried out in the United States, with the first electrocution taking place at Auburn Prison in New York against someone who was convicted of murdering “with an axe.”
Why the Continuation of the Death Penalty Creates a Gray Area
Moral arguments for the death penalty put quite simply, is the concept of retribution, where the killing of one person justifies the death of the killer. However, opponents of this notion would counteract that point with the fact that issuing capital punishment detracts from the moral message it conveys, alongside the fact that it is fundamentally inhumane.
Despite these arguments, the inhumane action that is the death penalty cannot go unchecked. With the death of Dennis McGuire, for instance, these processes are not clean and fraught with mistakes leading to the disgusting and horrific death of inmates.
Overall, the “death penalty is not a useful instrument for combating crime.” Abolishing the death penalty in the United States can allow other countries to ensure the right to life for all people, while also ensuring that the absolute worst of punishments cannot be enforced differently based on a person’s status, color, race, or underlying distinctions.
Social work is a field in which professionals are intended to do their best to help connect members of vulnerable populations with the resources necessary to allow them to live with their rights and general well-being safe. However, on October 12 of this year, during a meeting between the Texas Behavioral Health Executive Council and the Texas Board of Social Work Examiners, a section of the social workers’ code of conduct was altered. A section which previously stated, “A social worker shall not refuse to perform any act or service for which the person is licensed solely on the basis of a client’s age; gender; race; color; religion; national origin; disability; sexual orientation; gender identity and expression; or political affiliation.” During the meeting, the words “disability; sexual orientation; gender identity and expression” were taken out. They instead replaced that phrase with the word sex, making the social workers’ code match the Texas Occupations Code.
This is concerning for a few reasons, the most glaring one being that it leaves members of the LGBTQ+ community and people with disabilities in Texas, two populations that are already seriously vulnerable, even more vulnerable than before, as social workers can now turn away potential clients from those communities.
This led to an uproar among advocates for the LGBTQ+ community and people with disabilities, as at puts their ability to access important resources that are related to their basic human rights directly at risk. There is an increasingly serious concern that members of these populations will face even more obstacles in accessing the things they need than they already do.
The Human Rights Connection
It’s important to recognize that is an issue of human rights, even outside of the clear issue of discrimination against these groups that is involved. Consider some of the jobs of social workers. They include therapists, case workers, workers for Child Protective Services, and much more. In addition to working with people with disabilities and members of the LGBTQ+ community in general, many social workers specialize in work with children and older adults, two groups which overlap with the former. Then these vulnerable populations are unable to get the support they need in order to access the tools, programs, and resources that exist specifically to help them live life and access their basic needs, they are by extension often kept from being able to access their basic human rights.
One clear example of this is when people with disabilities require financial aid to support themselves do to an inability to be a part of the general workforce. Social workers are an important part of the process of connect the people affected by this issue with the resources and government programs they need. Without the aid of social workers, they might have significant difficulty accessing their “right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control,” as recognized in Article 25 of the United Nations’ Universal Declaration of Human Rights.
The fact that this allows social workers to discriminate certain groups in accepting clients is human rights issue in itself, as according to Article 7 of the UDHR, all are entitled to equal protection under the law and,“All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”
The Purpose of Social Work: Helping Vulnerable Populations
Another reason this change in the Texas social workers’ code of conduct is problematic is that the field of social work is inherently meant to involve professionals helping vulnerable populations (such as the LGBTQ+ community and people with disabilities). According to the National Association of Social Workers’ (NASW) Code of Ethics,“The primary mission of the social work profession is to enhance human well–being and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty.” A vulnerable population is a group or community “at a higher risk for poor health as a result of the barriers they experience to social, economic, political and environmental resources, as well as limitations due to illness or disability.”
Social work is also built a set of core values: service, social justice, dignity and worth of the person, importance of human relationships, integrity, competence. It is the job of a social worker to do what they can to uphold those values by helping vulnerable populations access the resources they need. Therefore, social workers’ turning away members of the LGBTQ+ community and people with disabilities, particularly vulnerable groups, goes against the social work code of ethics.
The ethical principles of social work also bar social workers from participating in acts of discrimination on the “basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical ability.”
There is a meeting set for October 27, 2020 so that the Texas Behavioral Health Executive Council can discuss the issue of discrimination as it applies to the changes that were made to the Texas social workers’ code of conduct. It is vital that we do not underestimate the significance of this situation and the serious harm that it can cause.
In a region that has so often felt the brunt of capitalist, industrial exploitation, it follows that there ought to be a response on the part of the workers to protect their rights. This has been the case in Appalachia since the industrialists first started setting up shop in the mines and hollers throughout the Appalachian Region. Of particular note are the Coal Wars, which took place in Appalachia from the late nineteenth century to the early twentieth century, from 1890-1921.
Preceding the Coal Wars, workers’ conditions were already very poor. Though the conditions heavily depended on the level of apathy the owners of the coal towns felt or did not feel for their workers (which was usually high), it was nearly universal that coal camps were remote, unhealthy, and unsafe, both due to frequent industrial accidents and poverty-driven crime. Companies often owned the homes of the workers, and eviction was a constant threat. Further, the usage of company stores, in which the only form of currency for the price-gouged goods was company scrip or coal scrip, forced the workers into a monopolistic, unbalanced form of trade where they were always at the mercy of their company. Companies often employed private detectives, public law enforcement, and strikebreakers who used violence, harassment, intimidation, and espionage to crack down on workers’ rights advocates’ activities (Athey).
There was also an ethnicity-based social hierarchy enforced by the companies. Despite all the workers being low-paid, blue collar workers, Welsh and English miners were considered to have the highest prestige and received the best jobs, followed by the Irish. More recent immigrants from Italy and Eastern Europe were treated the worst, with the poorest jobs. However, all groups recognized that it was them against the companies for which they worked. From the mid-nineteenth century forward, coal miners built a strong reputation for radical engagement with politically left ideologies and for militant unionization (Rowland).
Battle of Blair Mountain, 1921
It was under these pretenses of repression and disregard for workers’ rights that the Coal Wars occurred. While entire books could be written about the Coal Wars, I am going to focus on the Battle of Blair Mountain, which was the largest labor uprising in the history of the United States, as well as the largest armed insurrection since the Civil War, and occurred from late August to early September of 1921. Since 1890, coal mines in Mingo County, West Virginia had hired only non-union workers and specifically denied their miners the right to unionize. When three-thousand miners unionized in spite of this, they were summarily fired. The Baldwin-Felts Detective Agency was brought in to effect the evictions of the miners’ families from the company town. Police Chief Sid Hatfield, along with a group of deputized miners, confronted them and a gunfight ensued, killing the mayor of Matewan and Albert and Lee Felts, among others. Later, Hatfield went to stand trial in McDowell County for an unrelated incident and was assassinated by Baldwin-Felts agents on the courthouse stairs. A friend of Hatfield’s, Ed Chambers, was also killed by a Baldwin-Felts detective who shot him execution-style after he was wounded in the melee. When word got back to the miners that Hatfield had been killed, they began to take up arms and organize, commandeering trains and moving to fortify areas surrounding Blair Mountain.
The Battle of Blair Mountain saw some forty-thousand combatants engage in armed conflict in Logan County, West Virginia. Ten-thousand striking coal miners led by Bill Blizzard faced off with Baldwin-Felts Detective Agency strike breakers, Logan County Sheriff’s deputies led by Don Chafin, West Virginia State Police, and the West Virginia Army National Guard. Approximately one million rounds of ammunition were fired and over one-hundred people were killed, with nearly a thousand miners arrested for murder, conspiracy to commit murder, and treason against the State of West Virginia (Savage).
Decline in Labor Union Membership
It is hard to believe that something like this occurred less than a hundred years ago in our country. Most people, I think, are unaware of the bloody history of labor rights in the United States. Further, it appears that anti-labor sentiment and large industries have prevailed in America. The Battle of Blair Mountain unfortunately led to a decline in membership for the United Mine Workers of America, even if it also led to a greater public knowledge about the conditions in which they worked. In spite of any greater awareness, unions have, since then, continued to hemorrhage members. In 2015, NPR reported that in 1965, almost a third of all workers in the US belonged to a union. By 2015, that number had shrunk to one in ten. Their research indicated that, even at the height of membership, the South/eastern United States saw drastically reduced numbers of union members compared to the Northeast, Midwest, and West. One contributing factor to this may be “right to work” laws, more common in the South, which are state laws that prohibit union security agreements between unions and employers. Right to work laws are misleading in that they are not general guarantees of employment, but are government bans on contractual agreements between employers and union employees requiring workers to join unions if they benefit from their protection.
As I discussed in my last post, unions have been shown to raise wages, reduce wage inequality, and protect rights for workers. Higher rates of union membership tends to indicate greater respect for human rights in industry.
So why are states limiting the function and growth of unions? It seems a shame to me that the interests of large corporations are being given priority to the interests of their workers. This is something we should all be concerned with because workers’ rights are human rights. Workers’ rights encompass things like freedom of association, the right to strike, the prohibition of forced or compulsory labor, and the right to fair working conditions. Because most of us spend most of our time working, this should matter to all of us. Unfortunately, only a few workers’ rights are specifically enumerated in international documents protecting civil and political rights, such as the right to form and join unions. Other rights are mentioned in treaties dealing with economic and social rights. Some good news on the front of labor rights is that, recently in Europe, workers’ rights advocates have been successful in taking cases to the European Court of Human Rights, which ruled that the right to strike is contained in freedom of association.
In my next blog post, I will write about the broader picture of socioeconomic inequity in Appalachia and the ways in which that disparity has led to human rights failures in the region.
Athey, L. (1990). “The Company Store in Coal Town Culture,” Labor’s Heritage Vol. 2 #1 pp 6-23.
In 1954, the United States Supreme Court overruled the “separate but equal” clause of Plessy v. Ferguson with the case of Brown v. Board of Education of Topeka, declaring that “separate” educational facilities are inherently unequal. While Brown v. Board was aimed at addressing racial segregation, it is worth noting the implications of this view of separate educations because students with learning disabilities are often educated separately from their peers. Our current education system divides students into different categories and programs based on their perceived levels of academic ability under the assumption that this is the best way to help students reach their fullest potential. This is problematic and leads to students’ missing the benefits of an inclusive classroom. Though it would not be a simple task, students who have learning disabilities should be educated alongside students who do not, using cooperative classwork, where students work together to complete an assignment or task, whenever possible.
The Americans with Disabilities Act defines a person with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activity.” For this blog, I will be focusing on learning disabilities, particularly those that do not completely inhibit functions that are vital in a traditional classroom, such as communication. However, I do recognize that the line that I am drawing between which disabilities/experiences of disabilities my proposal would apply to and those it would not is not completely clear, as no two people with the same disability have the same experience. The degree to which a person is able to participate in inclusive and cooperative learning would have to be determined on a case by case basis.
Article 26 of the United Nations’ Universal Declaration of Human Rights (UDHR) states that everyone has a right to an education. Article 24 of the UN’s Convention on the Rights of Persons with Disabilities (CRPD) states that all people with disabilities have the right to “an inclusive education system at all levels and lifelong learning.” The use of cooperative classwork among students with and without disabilities would hopefully help more effectively access these rights for both parties. Additionally, by helping the members of each group become more accustomed to interacting and being part of a common social group, this can also help individuals with the types of disabilities that are focused on in this blog to access their right to employment (which is given in article 23 of the UDHR and article 27 of the CRPD) and their right to participation/inclusion in their communities (article 27 of the UDHR and article 19 of the CRPD).
Our Current System
When discussing whether students who have disabilities should be educated separately from students who do not, it is helpful if we begin by considering why we use the system we currently have. A literature review titled “Implicit Assumptions in Special Education Policy: Promoting Full Inclusion for Students with Learning Disabilities” was published by Moira Kirby in the Child Youth Care Forum in 2016. In the review, Kirby aimed to find special education trends relating to “inclusive practices, Response to Intervention (RTI), and student achievement.” She argues that the educational system currently used in the United States, while meant to increase access to education, perpetuates certain students’ isolation from others, as it is based on problematic assumptions about disabilities. The first assumption is that disabilities are deviant conditions that should be “eradicated.” The second is that “all special services should be delivered in a separate environment.” These assumptions inform the implicit biases about degrees of educational ability. Kirby also argues that these assumptions must be changed in order to “promote access and equality for students with learning disabilities.” In her article, she states, “The question is not, how can we fix a disability, but how can we make our classroom environments a place where all students can learn, regardless of their need.”
The educational system that is currently in place in the US involves separating students with learning disabilities, “low-performing” students, students who meet “average” expectations, and “high-performing” students. This system is well-intentioned, theoretically giving each group of students the unique resources they need to reach the height of their personal capabilities. In practice, however, this system is quite flawed. It is a system based on expectations (typically informed by assumptions and implicit bias), which become harmful to many students, especially those with learning disabilities, due to stereotype threat. Stereotype threat is “the risk of confirming negative stereotypes about an individual’s racial, ethnic, gender, or cultural group” and the effect that that risk can have on the individual’s performance. Many people assume that students with disabilities will do poorly in school, and when students with disabilities know this, they often adopt those same expectations for themselves. If academic success seems unlikely or even impossible, this can become a barrier to the motivation and access to resources that can lead to it. Stereotype threat also leads students with learning disabilities to underestimate the quality of their academic performance overall, even at times when they are doing well. They can start to assume that they simply cannot do well in school.
Another problem that comes with stereotype threat is that it takes up precious cognitive resources. Students spend part of their cognitive resources thinking about the expectations they are held to, distracting them from the work they are trying to do, and preventing them from using all of their resources to their advantage, which contributes to a decreased ability to perform well.
In her research, Kirby found that teachers who had been asked about inclusion in the classroom tended to attribute the success of attempts at inclusion to the students’ physiological traits rather than the value of inclusive practices. She points to this belief as one that could potentially lead a teacher to believe that students with disabilities could be taught only separately from others. They were also often found to lack confidence in their abilities to teach students with disabilities. Parents also either had negative or neutral views on the impact of inclusive education.
In 2015, “68.2% of students with learning disabilities spend 80% or more of their day in the general education classroom, while 24.1% spend 40-70% of their day in the general education classroom.” This in no way aligns with the idea that students with learning disabilities need to be educated separately from other students, and it highlights a point of concern. If many general education teachers do not feel like they are able to teach students with disabilities, and most students with disabilities spend a large part of their day in general education classrooms, what implications do these things have regarding those students’ education? Ideally, students would be educated by someone who felt they were qualified to teach them rather than someone who is uncertain about it. If students with different educational needs were consistently taught in the same classroom, teachers would all need to go through the training necessary to teach students with special educational needs, allowing them to better support their students.
An Inclusive Educational Environment Can Be Beneficial For All Students
The negative impact that a segregated educational system can have on students with disabilities is not the only reason to move towards a more inclusive system. Evidence that suggests that inclusive classrooms can lead to positive outcomes for all of the students involved.
In their article “The challenges of implementing group work in primary school classrooms and including pupils with special educational needs,” Ed Baines, Peter Blatchford, and Rob Webster review the results of two research projects: the SPRing (Social Pedagogic Research into Group-work) project and the MAST (Making a Statement) project. Realizing that most studies regarding collaborative work in education that had previously been performed had been on a small-scale and short-term basis, the authors reviewed the results of these two projects to come to a better, more reliable understanding of the challenges of inclusive group-work in primary schools.
The SPRing project was a five-year-long project that aimed to “develop and implement with teachers a programme of principles and activities that incorporated group work into curriculum and everyday school activities” and “to evaluate this programme relative to a control group in terms of academic progress, behavioral interaction and dialogue, and attitudes and motivation towards learning.” The developed program included a handbook and six training sessions where teachers could develop the skills that they need to incorporate group work into their lessons. The four main areas covered by the program included “preparing the classroom and group context for group work,” “preparing lessons and group-work activities,” “preparing adults to support pupils and groups,” and “preparing pupils for group work.”
The results of the SPRing project show that, relative to the control group, the students that participated in the program made more progress in general science tests, “were more actively engaged in task interactions,” had more sustained interactions, and “engaged in more high-level reasoning talk.”
The MAST project “involved systematic observation and case studies” of students with known special educational needs that were being taught in general education classrooms. This project’s results provided Baines and his co-authors with information about the interactions between students with special educational needs and adults/peers. The project found that students with special educational needs “were half as likely to work with or alongside peers” as other students. It was also found they were often isolated from the other students. Some of the reasons for this isolation included a student with special educational needs choosing to sit away from the others, and other students being afraid of or nervous about working with them. One factor that may contribute to each of these reasons could be that the students with special educational needs that were a part of the study may have had poor social and communicational skills. While difficulties with communication are an aspect of many learning disabilities, inclusive group work may give these students an opportunity and a safe environment in which they can develop these skills (though a student should never be pushed to do group work if it causes them an amount of stress that is genuinely detrimental to their well-being).
This isolation of students with special educational needs may also result from traditional students and school faculty viewing people with disabilities as “the other” as being outside of normal. This would help to explain why traditional students may be hesitant to associate with students who have disabilities. It could also explain why students with special educational needs isolate themselves from other students, as they may have internalized their peers’ view of them. They may feel like they are on the outside looking in, unable to be a part of the rest of the group.
In her literature review, Moira Kirby also addresses some of the benefits of inclusive educational settings, as suggested in different case studies. In one study, elementary school students scored higher in reading and writing when taught in a general education classroom rather than a separate special education classroom. Another study found that eighth-graders with learning disabilities had “significantly higher scores in math academic achievement tasks and self-concept” when taught in an inclusive classroom. Students from another study scored higher in math, science, social studies, and language arts.
Students without learning disabilities may also benefit from inclusive educational environments. Students who perform well could potentially benefit from working with students with disabilities and helping them understand the topics they are learning about and the group work they might do. Re-wording and explaining a concept to another person can
help cement one’s understanding of it. Additionally, if all teachers have to teach classes with children with different educational needs, they would have to be prepared to work with students with disabilities, which would improve the support that those students receive and broaden teachers’ perspectives. This could allow teachers to develop skills that would be beneficial in teaching all students, with or without disabilities.
Concerns and Challenges
Though there are many advantages to adopting a more inclusive educational system, there are still concerns and challenges that also come with it. One concern is that students with learning disabilities may face social rejection from their peers. For their article “The Social and Emotional Situation of First Graders with Classroom Behavior Problems and Classroom Learning Difficulties in Inclusive Classes,” Johanna Krull, Jürgen Wilbert, and Thomas Hennemann surveyed 2,839 first graders and found that students with “classroom learning difficulties” (CLD) and “classroom behavioral problems” (CBP) were at a greater risk for social rejection than their peers. However, the authors found several outliers in their data, where students with CLD or CBP had higher rates of social acceptance, and they interpret this to mean that, under the right circumstances, an inclusive education system is possible. In their article, Baines and his co-authors suggest that social rejection in this context can decrease over time when students are involved in inclusive group-work (if the students remain in the same groups throughout that time). Group work allows students with disabilities who struggle with social skills to develop those skills. It will enable other students to better understand people’s experiences who are different from them, which may lead them to be more willing (and happier) to be inclusive and build friendships with other students. If a student has no/little prior experience with students with learning disabilities, it would not be surprising to find that they are nervous or uncomfortable interacting with them.
When discussing the possibility of an integrated classroom, people are also concerned with the impact of having children with severe behavioral issues in general education classrooms, as they may become distracting or disruptive to the point of preventing any productivity in the class. This may be a factor that needs to be considered on a case-by-case basis. Some children that are deemed as being too disruptive have the potential to become less disruptive with exposure to a traditional classroom setting. There are likely situations where students truly are too disruptive to allow for a productive classroom, but that is certainly not always the case. It is important that, if a student is found to behave in a distracting way, that they are not immediately moved into another classroom after a single incident (although consideration should be given to the severity and the nature of the interruption). They should be given the opportunity to try and adjust to the traditional classroom environment before they are placed in a different one.
Another concern is that educating students at such a range of degrees of ability in the same classroom might prevent both students with learning disabilities and students that are currently in advanced programs from reaching their fullest academic potential. This concern is largely connected to the assumption that being in the classroom means that students would all be learning from the exact same curriculum, but that is not necessarily true.
In her article, Kirby suggests that a completely inclusive classroom might not involve basing lesson plans on the categories that students have been assigned to. Instead, each student would have an Individualized Education Plan (IEP). In our current public education system, children in special education programs must have an IEP, a “map that lays out the program of special education instruction, supports, and services kids need to make progress and thrive in school.” Each child has an IEP team, including their parents, at least one general education teacher (unless the child does not work with any), at least one special education teacher, a school district representative, a school psychologist/specialist, and the child. After the IEP is developed, the team regularly meets to discuss progress and possible changes for the plan. If every student, whether they have general or special educational needs, has an IEP, then (in theory), each student could have their personal needs recognized and met in the classroom. Kirby also suggests that making IEPs standard for all students could reduce the impact that the stigmatization of learning disabilities has on students, as school faculty would be less reliant on separating students into different/broad categories to teach them.
Of course, creating an IEP for every student in the public school system is much easier said than done and is a much more attractive idea in theory than in practice. It would require a significant shift in the allocation of resources in education, which may not be practical with the financial resources we currently have access to. It would also be asking many teachers, as they would no longer be able to teach with a singular lesson plan. It is unrealistic to expect teachers to carry this burden themselves, as they are already spread too thin, given more responsibilities than they can reasonably handle. Having IEPs for every student would likely require a serious increase in the number of teachers at each school or at least an increased/reinforced support system for school faculty. Perhaps a more feasible solution could be developing IEPs for students with a clear need for increased educational support that involves their being more present in the traditional classroom than in a separate one. While this is still likely to feed into the stigmatization and othering of students with disabilities, there do not seem to be any strong alternatives that are both practical and successful in avoiding stigmatization altogether.
In short, we should aim to educate students with and without learning disabilities together whenever possible, even though it will take a lot of time and effort to do so. We currently separate students based on expectations of their academic abilities, and these expectations are informed by and reaffirm problematic assumptions about people with learning disabilities. This can be harmful to people with learning disabilities and prevent students with all degrees of educational needs from accessing the benefits that can come from an inclusive classroom. However, it is important that we recognize and genuinely consider the concerns and challenges that arise when we look to put inclusive education ideals into practice. It is also important to recognize that the conclusions that can be drawn based on the resources used to support this argument are limited, as many gather data from anecdotal situations and small samples sizes. These factors prevent the results of sources from being reliably representative of experiences with inclusion and students with learning disabilities on a larger scale. The application of my argument is also limited, as I have focused on students with learning disabilities that do not completely prevent them from effectively learning or functioning in a general education classroom. While an integrated school system is generally optimal, there are some students for which that kind of system genuinely would not work. We cannot treat all students with disabilities as if their experiences are the same by assuming that all would do poorly in an inclusive classroom or that all would be unquestionably better off in an inclusive classroom. Overall, even though it will not be easy, even if we can never achieve a perfectly integrated educational system, it is an important goal which we should work towards for the benefit of all students and their educational rights.
Known officially as crude oil, petroleum is a fossil fuel that can be found underneath the Earth’s surface in areas known as reservoirs. Petroleum is mainly used for gasoline that fuels most cars in the world. Petroleum is also used as diesel, jet fuel, heating oil, propane, and others.
However, petroleum is not just a fuel source. Many factories and production sites use petroleum in order to make “crayons, dishwashing liquids, deodorant, eyeglasses, tires, and ammonia.”
Beginnings of the Petroleum Industry
Through the growing and prosperous iron and steel industry, the 20th century became a period of “great change and rapid industrialization.” However, the birth of the railroad and new construction materials gave way to the petroleum industry offering an alternative source of fuel needed in everyday life.
In Texas, the discovery of the Spindletop oil reserve allowed for the creation of hundreds of oil companies, especially Texaco and Golf, and for the massive decrease in oil prices, from “$2 a barrel to 3 cents.” In 1901, the Hamill brothers, contracted to drill into the ground using a steam engine, came into contact with 160-million-year-old crude oil, shooting up in a geyser meters high. They had anticipated 50 barrels of oil being produced in a day, but more than 80,000 barrels were being produced each day, enriching the backers of the oil rig exponentially.
When talking about the history of oil, one must never forget one of the key figures in the industry, John D. Rockefeller. Through his experience in entrepreneurship and organization, he became a leading figure in the oil industry by creating the Standard Oil company, one of the “world’s greatest corporations.” Through a monopoly, his company integrated itself both horizontally and vertically by eliminating competition and making products cheaper and production more efficient.
Reserves can be found all over the world, but there are countries that produce more oil simply due to the vast reserves found underneath the Earth’s surface. In the United States, the five largest oil producing states are Texas, Alaska, California, Louisiana, and Oklahoma. In the world, the top oil producing countries are Saudi Arabia, Russia, the United States, Iran, and China. The need for oil in the United States surpasses the amount it can produce, generating the need to import oil from Canada, Saudi Arabia, Mexico, Venezuela, and Nigeria.
If you read the news as much as I had a couple of years back, then you might recall a certain conflict occurring in North Dakota regarding the Dakota Access Pipeline. The Dakota Access Pipeline, built by Texas-based Energy Transfer Partners, is designed to transport more than 500,000 barrels of crude oil everyday from North Dakota to Illinois. Proposed by Energy Transfer Partners in 2014 and completed in 2017, many interest groups protested the pipeline, ranging from environmental activists to the Standing Rock Sioux tribe.
The pipeline currently travels under the Missouri River, a source of drinking water for the Standing Rock Sioux tribe as well as a source of biodiversity in the environment. Part of the reason for the protests include the damage to the water supply that said pipeline could inflict if leaking occurs which is justifiable due to the more than 3,300 occurrences of leaks since 2010 at many pipelines in the United States.
Reactions towards the protestors have also been extreme, as Maina Kiai, UN Special Rapporteur, has reported. The North Dakota National Guard, law enforcement officials, and private security organizations have used extreme force, shown through the use of “rubber bullets, tear gas, mace, compression grenades, and bean-bag rounds.” These reactions have been in violation of the U.S. Constitution, specifically the First Amendment. Although some protests have become violent, Kiai suggests that “the response should remain strictly proportionate and should not impact those who protest peacefully.”
“The right to freedom of peaceful assembly is an individual right and it cannot be taken away indiscriminately or en masse due to the violent actions of a few.” — Maina Kiai
Economic trends and forces have commanded the way in which our country has treated those who have been disenfranchised and harmed culturally. The creation of the Dakota Access Pipeline is merely an example of the effect that these economic interests can have on native populations, the environment, and the treatment of those peacefully protesting. Although the pipeline’s main intent is to provide a source of energy for the United States, the threat to harm a cultural tribal site can lead to the destruction of homes for many residents.
COVID-19, otherwise known as the 2019 novel coronavirus, has spread to many countries around the world, affecting many immunocompromised populations and impacting millions of people worldwide. My colleagues have referenced hotspots where the response has impacted the most, from the Middle East to migrants right outside U.S. borders. They have illustrated how discrimination, isolationism, and plain ignorance have shattered families and populations, destroyed economies, and brought fear and terror into the hearts and minds of Earth’s people. It is in that essence that this article will continue to explain the impact of COVID-19 in another hotspot of the world, Asia.
The Asian continent, comprising 48 countries, according to the United Nations, encompasses immense diversity and roughly 60 percent of the global population within its boundaries. This diversity includes, but is not limited to, having the highest and lowest points on Earth, “the world’s wildest climatic extremes,” and “the birthplace of all the world’s major religions.” For the sake of this article, I will be focusing on three countries that are handling the virus very differently, India, China, and South Korea.
Having one of the highest populations in the world, India is often referenced as a case study when examining the impact of overpopulation, economics, and food security. In 2012, Uttar Pradesh, India’s most populous state, 60 million out of 200 million people were considered living below the poverty line. Economic inequality has further negatively impacted India’s poorest communities with “57 billionaires controlling 70 percent of India’s wealth” as of 2017. Such inequality has led to the increase in poverty, a lack of medical equipment and access, poor living conditions, and a lack of food.
However, this pandemic has exacerbated the lack of access to food by Indian residents that comes on the heels of Prime Minister Nahendra Modi’s announcement to begin a “21-day nationwide lockdown.” With such an announcement also came with rising panic from Indians, crowding grocery stores and shops with people panic buying everything in sight. Under Modi’s plan, the “Prime Minister’s Poor Welfare Scheme”, individuals will be able to receive five additional kilograms of rice or wheat for the next three months. Although proposed to benefit 800 million people, many are wary of its success due to the closure of interstate travel, trains, and flights. It is under this lockdown that residents could face two years in jail and a financial penalty if they leave their home for non-essential reasons. In an interview with Time, an autorickshaw driver expressed concern over Modi’s decree to lockdown the entire country. Before the decree, his main concern was to save enough money to help get his son through college. However, “as he stays home with no daily income, his main concern is putting food on the table. He’s not sure what he will do” once those savings run out. When examining a singular issue impacted by COVID-19, the situation in India highlights the issues that countries with an enormous informal sector may face due to economic hardship and lack of infrastructure. For example, India can grow enough food for its growing population, although millions are left underfed due to “bottlenecked supply chain[s], inadequate logistics, food wastage and sharp societal inequalities.” The virus has further called to attention the lack of food security that many around the world face on a daily basis which infringes upon their basic human rights and a Sustainable Development Goal that must be achieved by 2030, Zero Hunger.
Being the most populated country in the world, China is often criticized for its drastic measures and horrifying treatment of Muslim minorities. When examining the pandemic, COVID-19 is known to have originated in the Wuhan province in China and was noticed by Chinese ophthalmologist Li Wenliang. Dr. Wenliang had used a private online chat to explain his worry for the novel virus, which quickly went viral, resulting in him being reprimanded by Chinese police. Following this observation, the province had shut down, cutting off transportation and sealing residents off from the outside world. In an interview with Dr. Bruce Aylward, “the leader of the World Health Organization team that visited China,” had praised the Chinese government’s decisive actions towards preventing the spread of the virus:
Although the Chinese government has sought to demonstrate its prowess and handling of the virus, through building hospitals in 10-days and publishing photos of patients who have been cured of the disease, many human rights groups have expressed concern and worry over the treatment of those who have been critical of the government. For instance, Chen Qiushi, a Chinese human rights lawyer, was “put under quarantine”, Fang Bin, a citizen journalist, disappeared in February, and Li Zihua, another journalist, was taken away by a group of men. Dr. Wenliang had died due to the virus early February of 2020. With the news of his death, thousands of comments flooded Chinese social media site Weibo criticizing the Chinese government and censorship in the country with top hashtags such as “Wuhan government owes Dr Li Wenliang an apology” and “We want freedom of speech.” According to the British Broadcasting Corporation (BBC), when they searched for the hashtags a day after Wenliang’s death, they disappeared having been censored alongside many comments aimed at the Chinese government.
From Wuhan province, we now turn to the Xinjiang province in Western China, where the imprisonment of millions of Uyghur Muslims could prove to be a breeding ground for the virus as it spreads throughout the world. You can read more IHR blogs about The Uyghur Muslims in the context of Crimes Against Humanity here and how this crisis is affecting refugees on the US-Mexico border here. In Xinjiang, there are an estimated three million people detained in re-education camps in Western China, mostly of Uyghur Muslims who have been suppressed by the Communist Party. As alleged by Jewher Ilham, the daughter of a jailed Uyghur academic, some of the “conditions at the detention centers offered the perfect chance for coronavirus to spread” citing “systematic abuse, serious overcrowding and poor sanitary conditions inside the camps.” Given allegations of China’s unwillingness to publish the truth about these conditions combined with the alleged suppression of critics and ethnic minorities, it is deeply concerning to gauge the risks of infection amongst those who have been cited as not having enough to eat or doctors on staff to treat those infected. This is also a signal to international groups and organizations to ensure that all people have the chance to be cured and not suffer as a result of the virus or violating the human rights to freedom of speech.
Some Potential Success?
Amongst all the panic buying and the loss of toilet paper throughout the country, there seems to be some light at the end of the tunnel manifesting itself through ‘flattening the curve’. This method has seemed to be close to perfected by South Korea whose growth in COVID-19 cases has significantly slowed compared to the United States. When examining South Korea, many writers have explained the situation by comparing it to religion and culture, chalking it up to higher levels of social trust and the lingering aspect of Confucianism. However, that does not seem to be the case. By flattening the curve, South Korea has demonstrated that it is due to “competent leadership that inspired public trust.” Having tested more than 5000 people per million inhabitants than the United States, it is no wonder that taking early action and mobilizing health officials could lead to a successful response.
“No sacred Confucian text advised Korean health officials to summon medical companies and told them to ramp up testing capacity when Korea had only four known cases of COVID-19.” — S. Nathan Park
Compared to China, India, and even the United States, South Korea did not have to “lockdown entire cities or take some authoritarian measures,” rather, they learned from their past experience with MERS (Middle East Respiratory Syndrome). Such preparation allowed the South Korean government to be proactive and “improve hospital infection prevention and control.” Combined with South Korea’s industrial and developmental advantages over both China and India, the government was able to take a proactive approach and deter the worst effects of the virus. Once South Koreans started getting sick in early February, the government immediately began “testing aggressively to identify cases — not only testing people who are so sick that they’re hospitalized but also mild cases and even suspected cases.” This initiative has allowed South Korea to quarantine those at a high risk while also managing to keep their factories, schools, hospitals, and entire cities open while other countries around the world are having to shut down everything to contain the spread.
Looking back at India, China, and South Korea, it becomes apparent that a swift and proactive response is necessary in order to not allow for the lockdown of entire cities and countries. However, that proactivity must balance itself between being lax and aggressive. For example, China’s efforts to curb the spread of the news rather than the virus has made human rights concerns more apparent to the world, especially since the freedom of speech for civilians is being curbed to protect China’s global reputation. In India’s case, the pandemic has shown many human rights groups and countries the issues that a country with a massive impoverished population faces during difficult times. By being able to demonstrate good leadership and mobilizing experts, South Korea has ultimately done what many other countries would only hope to accomplish. Such success has already inspired other Asian countries to follow suit, especially Singapore, Japan, and others. And although South Korea’s population is significantly small compared to that of India and China, their success is one that can be successfully implemented worldwide. Instead of casting these successes aside as an element of Confucianism or culture, it is necessary for us to be able to model our response like South Korea’s so that were such an event to occur again, we will be able to swiftly contain the spread rather than suffer through weeks and months at home without physical human interaction.
As the crowd chanted the words “Reactionary? No, visionary” in synchronization, we could envision the power of community and our passion to create change. Our minds were synced in for a collective purpose and hearts full of warmth and unity. This was at the first For Freedoms Congress in Los Angeles, California at the beginning of March earlier this year. I had the incredible opportunity to attend and bring back home a plethora of inspiration, information, and ideas on using art as a tool for activism.
What is For Freedoms?
For Freedoms is an artist-run platform for civic engagement, discourse, and direct action for artists in the U.S. inspired by American artist Norman Rockwell’s paintings of Franklin D. Roosevelt’s Four Freedoms—freedom of speech, freedom of worship, freedom from want, and freedom from fear—For Freedoms uses art to encourage and deepen public explorations of freedom in the 21st century. Their belief is to use art as a vehicle for participation to deepen public discussions on civic issues through non-partisan programming throughout the country. Hank Willis Thomas, the cofounder of For Freedoms says that “The people who make up our country’s creative fabric have the collective influence to affect change. Right now, we have a lot of non-creative people shaping public policy, and a lot of creative individuals who haven’t or don’t know how to step up. For Freedoms exists as an access point to magnify, strengthen, and perpetuate the civic influence of creatives and institutions nationwide.”
About the Congress
The For Freedoms Congress gathered delegates from all 50 states, the District of Columbia, and Puerto Rico to come together to share their mutual passion of using art as a tool for advocacy and activism. We were honored and proud to represent the Institute for Human Rights, UAB, and the state of Alabama at this nationwide platform. The Congress spanned over three days in the historic city of Los Angeles to celebrate its role as the birthplace and driver of many important artistic-led cultural movements over the decades. The use of remarkable locations such as the Museum of Contemporary Art, Japanese American National Museum, and the Hammer Museum added to the artistic aura of the conference and gave us an opportunity to explore these exciting places.
Over the course of the conference, we got to attend a number of artist-led planning sessions, creative workshops, art activations, and performances on topics ranging from refugee rights to gun violence, indigenous rights to gender equality, and the criminal injustice system to public art policies. In addition, featured townhalls were held on each of the four freedoms that sparked constructive dialogue between the participants.
Culture, Art, and Advocacy
The foundation of all the discussions and sessions at the Congress lies on one fact: culture is a human right. Article 27 of the Universal Declaration of Human Rights states that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” To make this right a reality, activists, advocates, and cultural institutions from around the country came together to share their ideas, foster collaboration, and to create a platform for civic engagement. They committed to keep playing their part in their respective communities to help make this right a reality for all through public action and commitment to the American values of equality, individualism, and pragmatism.
We need to make sure that cultural and social groups are able to express themselves and exercise their right to art in addition to other human rights. The right to art suggests that it should be accessible to everyone and is synonymous with free speech and self-expression. It goes back to having the freedom to speak up for one’s own self, to have representation, and to practice religion and cultural ways free from any fear or want.
Art is a powerful tool to bring communities together and it speaks to people, which is why it can be used in all kinds of fields to foster equity, inclusion, and justice in society. For example, an important aspect that is often overlooked is the importance of art education and its access in our education system. Art education fosters social development, provides a creative outlet, enhances academic performance and intellectual development, and promotes out-of-the-box thinking for students. Brett Cook, an interdisciplinary artist and educator, led a dialogue on community and collaboration to explain how arts-integrated pedagogy can cause healing and tell stories that reinvent representation. He used The Flower of Praxis as the basic model to foster socially engaged art practices with a focus on art education for collaborative outcomes. It starts with preparing the soil by reflecting on personal experiences and moves through the leaves of connecting with others, seeking new understandings, generating critical questions, and critical analysis to grow into the flower of informed action. The process keeps going by reflection influencing action and eventually generates activism and civic engagement.
Making the voices of people more audible by telling their stories through art and narrative can help create a new moral imagination on pressing issues and social injustices. Art can be used to express what human rights mean to a certain group of people. It gives people the right to their own ways and to tell their own stories. The session “Art Stories on Migration” made me realize the potential of art as a tool for advocacy and how it can be used to create a sense of belonging among disoriented populations. It can redefine identity and help answer pressing questions like who belongs to the economy? Who belongs to the healthcare system? Who belongs to the American identity? It can help communities take ownership and build representation in creative ways. The language of visuals activates the aesthetic perceptions of individuals and facilitates a deeper understanding of issues beyond the surface level. Making the stories of refugees and migrants visible through artistic media gives voice to their struggles and highlights their contributions. Responding to the question of suggesting creative activities or solutions in response to the issues of migration, one participant shared their video project in which immigrants re-read the Declaration of Independence to reflect on what those words mean to them, not just historically but also contemporarily. Another delegate suggested using inclusive language and terminology in museums and other public spaces, such as newcomers or people who migrated instead of refugees or immigrants, enslaved people rather than slaves, and First Americans instead of Native Americans. There are also various avenues for advocacy for non-profit organizations and public charities to lobby, advocate, and encourage participation in politics, elections, and other social movements.
One of my favorite sessions at the Congress was the “This is Not a Gun” workshop. It was based on using collective creative activism to highlight the stories of injustices inflicted on the American people at the hands of law and order. Since the year 2000, United States police have “mistaken” at least 38 distinct objects as guns during shootings of a majority of young black American men, none of whom were armed. The participants shaped these mistaken-as-gun objects in clay, giving presence to their form, the human rights violations, and racism prevalent in America today. While carving out these everyday objects like a flashlight, hairbrush, and sandwich, we paid tribute to the victims and had a meaningful conversation around accountability, equity, safety, and social justice in our country. It made us reflect on the racial profiling, police brutality, societal trauma, and the role we can play in addressing these issues by coming together to support our people and our communities.
The takeaway message from the Congress was that art has the potential to make a difference in the social discourse and to create change through public engagement. The For Freedoms Congress built a collective platform for artists around the nation to stimulate public action on pressing national issues. In the words of For Freedoms delegates,
We are a collective of artists, creatives, and cultural institutions. We believe citizenship is defined by participation, not ideology. We are anti-partisan. We use the power of the arts to drive civic engagement, spur public discourse, and inspire people to participate in our democracy.
Homelessness is defined as “the state of having no home.” In the 1950s, the idea of homelessness was just that, an idea. About “70% of the world’s population of about 2.5 billion people,” lived in rural areas. Today, however, it is estimated that at least 150 million people across the world are homeless with a total of 1.6 billion people lacking adequate or appropriate housing. OECD (Organization for Economic Cooperation and Development) data also ranks the United States (U.S.) as 11th behind Australia, Canada, Germany, Sweden, and others, in terms of homelessness as a percent of the total population in 2015. What is particularly interesting about these statistics is that the first two, Australia and Canada, have plans to address homelessness, with the latter two, Germany and Sweden, not having any type of national plan.
According to U.S. Department of Housing and Urban Development’s (HUD) 2018 Annual Homeless Assessment Report to Congress, an estimated 553,000 people experienced homelessness on a single 2018 night. In terms of homelessness by state, California ranked highest with a raw amount of 129,000 people and North Dakota ranked the lowest in raw count with 542 homeless people through a point-in-time count. Compared to 2008, about 664,000 people in the United States had experienced homelessness on a single night. When looking at California in 2008, about 158,000 people, more than a sixth of the total, had experienced some type of homelessness.
Sheltered Homelessness: referring to those who stay in emergency shelters, transitional housing programs, or safe havens.
Unsheltered Homelessness: referring to those whose primary nighttime location is a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for people (streets, vehicles, or parks).
Chronically Homeless Individual: referring to an individual with a disability who has been continuously homeless for one year or more or has experienced at least four episodes of homelessness in the last three years where the combined length of time homeless in those occasions is at least 12 months.
In the same report, Alston also noted the at-the-time recent policies that the U.S. had enacted, such as tax breaks and financial windfalls (a sudden, unexpected profit or gain) for the wealthy, reducing welfare benefits for the poor, eliminating protections (financial, environmental, health, and safety) that benefit the middle class and the poor, removing access to health insurance for over 20 million people, increasing spending on defense, and many more. One of the solutions proposed to such an important issue was to decriminalize being poor.
However, leaders of cities and states may think otherwise.
For example, Los Angeles and other central cities are constantly seen with “giant cranes and construction” building towers and other magnificent architecture solely to “house corporate law firms, investment banks, real-estate brokerages, tech firms” and other ‘big-money’ companies. However, in those same cities, when looked closely, can make out “encampments of tattered tents, soiled mattresses, dirty clothing, and people barely surviving on the streets.” Alston even goes so far as to call out Los Angeles Mayor Eric Garcetti for allowing ticketing $300 to have an encampment rather than developing affordable housing for the many people unable to pay for their homes and places of residence. This exacerbates the living conditions of those charged because they are struggling to make necessary payments on time, such as healthcare, food, water, and some sort of shelter, be it a tent or living out on the street. This demonstrates that criminalizing homelessness presents an ethical issue that drags people into an endless cycle of poverty.
“Criminalizing homelessness does not solve the problem. It makes suffering more brutal and drives people living on the streets further into the shadows.” – Human Rights Watch
Total Family Households Experiencing Homelessness: 280
Veterans Experiencing Homelessness: 339
Persons Experiencing Chronic Homelessness: 540
Unaccompanied Young Adults (Aged 18-24) Experiencing Homelessness: 158
Total Number of Homeless Students: 14,112
Total Number of Unaccompanied Homeless Students: 583
Nighttime Residence: Unsheltered: 675
Nighttime Residence: Shelters: 735
Nighttime Residence: Hotels/motels: 681
Nighttime Residence: Doubled up: 12,021
Looking at Birmingham, October 2018 was quite a divisive time due to disagreements and allegations for discrimination against Firehouse Ministries who were aiming to receive support from the city in order to build a new Firehouse Shelter. These allegations had caused the city council to vote down said plan, causing Birmingham Mayor Randall Woodfin to criticize such an action, stating:
The USICH has proposed a variety of solutions that could potentially reduce the rate of homelessness if not put an end to the issue once and for all. These solution span a wide range of projects and solutions, some listed below:
Housing First: Providing people with support services and community resources to keep their housing and not to become homeless again.
Rapid Re-Housing/Affordable Housing: Helping individuals quickly “exit homelessness and return to permanent housing” while also being affordable to even those living in deep poverty. Access must also be available according to need.
Healthcare: Having healthcare would allow these households to treat and manage those conditions that limit them from getting a job in the first place.
Career Pathways: Providing accessible job trainings and employment for those living without a home.
Schools: Providing children with schooling can be a sign of safety and connections to a broader community.
Are there any bills that have been introduced into Congress to mitigate homelessness?
Yes, H.R. 1856, titled “Ending Homelessness Act of 2019.” Introduced in March of 2019, this bill, sponsored by Representative maxine Waters of California aims to create a 5-Year Path To End Homelessness, among other things. Currently, this bill has yet to be passed in the House of Representatives before going to the Senate and President.
Homelessness is a Human Rights Issue. The lack to address it is a Violation of stated International Human Rights.
In response to questions asked by the Special Rapporteur on adequate housing in 2016, Leilani Farha, the U.S. has NOT characterized homelessness as “a human rights violation by U.S. courts.” However, certain ordinances enacted by cities have been scrutinized, such as criminalizing people experiencing homeless that sleep in public areas, partially due to the lack of shelter space. Supreme Court case Bell v. City of Boise et al addressed this very issue by determining that convicting someone of a crime due to status is in violation of the United States Constitution, particularly the Eighth Amendment, stating that convicting “a person of a crime based on his or her status amounts to cruel and unusual punishment. Simply by criminalizing homelessness through fines or through time in prison, police and other authority bodies are unconstitutionally affecting those who do not the resources to live a life of stability.
In order to end homelessness, cooperation between public and private bodies are necessary so that equitable access to housing and workforce opportunities for those who’ve been disenfranchised. Following recommendations by the USICH can help relieve many of the problems that many communities, both urban and rural, have to face while also refraining from criminalizing homelessness.
With the release of the film Just Mercy, which recounts Bryan Stevenson’s experience challenging death row convictions in Alabama and creating the Equal Justice Initiative, the criminal justice system is once again in the news and the topic of the death penalty is being debated. First off, everyone should see the film. Until we do away with the death penalty it is necessary that we confront the realities of it in as many ways as possible. The work that Stevenson is doing is beyond admirable, and unfortunately is still needed, yet I couldn’t help but feel a bit pessimistic about this debate. Partly because it seems so obvious to me that the death penalty should not exist, partly because I have little faith in the current federal administration or the state government to address this, and partly because we have been having this debate about the death penalty my entire life. So I fought that initial feeling and began to think about how I could incorporate criminal justice into my own work on environmental justice and human rights.
Prisoners = Environmental Justice Communities
According to the Environmental Protection Agency (EPA), environmental justice is “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies”. In other words, no community should disproportionately bear the brunt of environmental ills, such as pollution, yet in reality, minority and low-income neighborhoods are the ones to bear the brunt. Just as race-based and class-based disparities exist in the experience of environmental ills, they also exist in the criminal justice system and are both the result of broader injustices, such as colonization and white supremacy. African Americans make up 40% of the prison population while representing only 13% of the American population, and Latinos make up 20% of prisons, but only 15% of the population. Low-income populations also have higher rates of incarceration then more others.
Although they are not often included in conversations about environmental justice, the US prison population mirrors other environmental justice communities in many ways especially in regards to discrimination, lack of political representation, lack of access to social services and economic marginalization. Minority and low-income individuals are disproportionately represented in prisons and therefore are disproportionately affected by inadequate prison conditions. Inmates in the US are further at risk due to their reliance on the state for protection and provision of basic needs, all while dealing with the chronic stress of prison life and lack of adequate health resources. Yet, despite this, the US continues to fail to recognize prison populations as environmental justice communities.
Unjust Prison Conditions
There are currently about 2.3 million individuals incarcerated in the US, including those who are awaiting trial, and all of those lives are affected by the inadequate prison conditions plaguing the US.
Prison conditions throughout the country have been so inadequate that courts have ruled that they violate the 8th Amendment, which prohibits cruel and unusual punishment. Many of these conditions are the result of environmental ills such as excessive heat or cold, exposure to asbestos, lack of drinkable water and exposure to toxic elements. Yet, while some cases have been won no national changes have been made and environmental injustice continues.
In February, inmates in the Metropolitan Detention Center in Brooklyn, NY were stuck in freezing cells for a week as the temperature dropped to below freezing and heating became almost nonexistent.
Prisons also fail to adequately prepare for extreme weather events. When Hurricane Katrina hit New Orleans in 2005 over 8,000 inmates were incarcerated at Orleans Parish Prison. Despite the mandatory evacuation, prisoners were forced to remain for several days in flooded cells,with a limited supply of food and drinking water and lack of basic sanitation. Similarly, prisoners were not evacuated from flood zones in Puerto Rico during Hurricane Maria.
Both prisons and toxic sites are considered undesirable land use and therefore they are often placed in the same area with little to no regard for the health of inmates. 589 of 1,821 federal and state prisons exist within three miles of a Superfund site, with 134 being within one mile. These sites commonly contain toxins such as arsenic, lead, mercury, and polychlorinated biphenyls (PCB) and can cause extensive damage to human health.
Unjust Working Conditions
Prisoners are also vulnerable to numerous environmental ills in their work environments. The Thirteenth Amendment abolishes slavery “except as a punishment for crime” and under this ruling prisoners can be forced to work for no pay. Courts have also ruled that inmates do not have the right to refuse work and can be placed in disciplinary confinement for refusal. While only some states have refused any payment, most inmates make less than a dollar an hour. In addition,inmates are not protected by workplace health and safety regulations set by the Occupational Safety and Health Administration (OSHA) because they are not considered employees under the Fair Labor Standards Act (FLSA). In other words, there is no outside agency to hold prisons accountable for occupational safety, unless it is so extreme that is constitutes cruel and unusual punishment. Many work assignments deal with extremely toxic materials, such as e-waste and asbestos abatement, or inherently hazardous practices, such as firefighting, with little regard being given to inmate health.
Prison firefighters have received some attention of late due to the recent wildfires in California, with much of it focusing on the fact that they are poorly paid for such work and often cannot become firefighters after they are released. Another important aspect to examine is the physical toll firefighting takes.Inmates are eight times more likely to be injured while fighting fires than civilian firefighters, and the American Lung Association has warned of the negative health effects from continued exposure to particle pollution and carbon monoxide within forest fire smoke, among other hazardous air pollutants.
Responsibility of the State
Prisoners represent an incredibly vulnerable population, as they are completely reliant on the state, and therefore the state has a responsibility to protect prisoners from serious harm. The American Correctional Association’s (ACA) Declaration of Principles even recognizes the principle of ‘‘humanity’’ as being essential and states that ‘‘the dignity of individuals, the rights of all people and the potential for human growth and development must be respected’’. This is because people are sent to prison as punishment, not for punishment. The punishment for the crime is the length of incarceration.
Many may question why we should care about prisoners when many other communities are dealing with similar environmental injustices. Others may say that they should have thought about these things before they did the crimes and that prison is not supposed to be “easy”.
My response would be to watch Just Mercy and critically examine the “justness” of the criminal justice system. To borrow a quote from Professor Nick Hardwick, “If you’re going to defend the ordinary, everyday rights that all of us depend on as we go about our lives and live in peace and security, then actually you can’t risk sacrificing the principles on which those rights are based, even for people whose behaviour you disapprove of. Once you start saying that those rights are conditional for them, they are conditional for you too”.
Disclaimer: This article is not an endorsement of the concept that incarceration is a necessary evil nor is it a dismissal of the fact that an end to mass incarceration is the most effective way to address the injustices examined in this article.
Recently, I had the pleasure of attending the Organized Radical Collegiate Activism (ORCA) Conference organized by the UAB Social Justice Advocacy Council on January 24, 2020. Various important and interesting social justice issues were discussed and presented by talented UAB students throughout the day. The presentation that stood out the most to me was “The State of Incarceration in Alabama” by Eli and Bella Tylicki. The brother-and-sister duo did a great job bringing attention to a very important human rights issue right here in Alabama.
The presentation started out with some questions for the attendees, such as what they thought were their odds of getting incarcerated at some point in their life? After some interesting responses from the audience, the presenters revealed that White men have a 7% chance of getting incarcerated at least once in their life, Hispanic men 17%, and African American men have the highest (32%) chance. However, women account for only 7% of the U.S. prison population. It was also revealed that the cost to imprison one person for a year in the U.S. is $36,299.25, or $99.45 per day.
As compared to other developed countries such as Canada, Germany, France, Italy, and the U.K, the United States has the highest number of incarcerated people per 100,000 population, almost three times more than these countries. The United States makes up roughly 5% of the world’s population but holds about 25% of the world’s prisoners. Shockingly, 31 U.S. states also have higher incarceration rates than any country in the world, and Alabama is among the worst in the country. Alabama exceeds national averages in virtually every category measured by states and the federal government, making the state’s prison system one of the most violent in the nation.
Now the question arises, why is the state of incarceration in the U.S. uniquely outrageous, and why is Alabama among the worst in this aspect? Many factors are responsible for such staggering statistics, including our economy built on slavery, poverty, tradition-based culture, fear and insecurity, systemic racism, educational inequity, and punitive cultural attitudes just to name a few. Focusing on Alabama, the presenters showed that Alabama’s prisons were revealed to be the most crowded in the country in 2017, with the prison suicide rate being three times more and the homicide rate ten times more than the national average. On April 2, 2019, the U.S Department of Justice Report concluded that “there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse and fail to provide prisoners with safe conditions.” Note that the Eighth Amendment of the U.S. Constitution prohibits the infliction of excessive, cruel, and unusual punishment.
The presenters then went on to show the various horrific accounts of prisoner violence, sexual abuse, homicide cases, and extreme physical injuries during a single week in 2017 as reported by the investigation. It was extremely shocking to learn about the various instances of such abuse and violence that took place in just a single week in our prisons. Those examples were used to illustrate the gravity of ongoing issues in state prisons and are not mentioned here due to their disturbing and triggering nature. Additionally, overcrowding and understaffing are some very important issues that contribute to the worsening situation of prisons in Alabama. According to the Alabama Department of Corrections (ADOC), the state houses approximately 16,327 prisoners in major correctional facilities which are designed to hold only 9,882. Moreover, prisons like Staton and Kilby hold almost three times the number of prisoners than their capacity. As for understaffing, Alabama’s prisons employ only 1,072 out of the 3,326 needed correctional officers according to ADOC’s staffing report from June 2018. It also reported that three prisons have fewer than 20% of the needed correctional officers. This illustrates the increased threat to the safety of both the staff and the prisoners in those facilities due to the lack of required personnel in case of an emergency.
The Department of Justice also reported the excessive number of deaths due to violent and deadly assault, high number of life-threatening injuries, unchecked extortions, illegal drugs, and the routinely inability to adequately protect prisoners even when officials have advance warning. The report also threatened a lawsuit within 49 days if the state does not show that it is correcting what is said to be a systemic failure to protect inmates from violence and sexual abuse.
In response, Alabama’s Governor Kay Ivey has proposed a public-private partnership to lease three “megaprisons” from a private firm as a solution to the understaffing and cost-ineffective conditions in state prisons. Department of Corrections Commissioner Jeff Dunn said that “we are convinced now more than ever before that consolidating our infrastructure down to three regional facilities and decommissioning the majority of our major facilities is the way to go.”
Bella and Eli Tylicki gave an overview of the potential pros and cons of the megaprison proposal. Some advantages may be that the upfront costs will be covered, and it may prove as a quick fix with less red tape (a reduction of bureaucratic obstacles to action). However, privatized prisons may lead to a decreased quality of life, is economically inefficient, and there is no change in cost for taxpayers. The Equal Justice Initiative explains how building new prisons will not solve the state’s prison crisis:
Alabama’s primary problems relate to management, staffing, poor classification, inadequate programming for incarcerated people, inadequate treatment programs, poor training, and officer retention. None of these problems will be solved by building new prisons, nor does a prison construction strategy respond to the imminent risk of harm to staff, incarcerated people, and the public.
Therefore, the presenters proposed an alternative to this solution in the form of decarceration and rehabilitation of prisoners. This aims at fixing overcrowding and understaffing, decreases the inside violence, and costs less for taxpayers. Additionally, there is no change in crime rate outside the prisons and rehabilitation leads toward GDP growth and a more productive society. Studies have shown that incarcerated people who participate in correctional education programs are less likely to recidivate and have a higher chance of finding employment when they are released. Plus, these valuable educational and rehabilitative programs cost the state nothing while having significant positive effects on successful re-entry of prisoners and protecting public safety. Of course, there will need to be more done other than just an emphasis on decarceration, such as fixing the infrastructure, improving healthcare, and incentivizing an increase in Correctional Officers. Low-cost reforms such as effective use of video surveillance cameras, implementation of an internal classification system, skilled management, and other basic management systems such as incident tracking systems, quality control, and corrective action review can result in significant improvements in conditions for both the staff and the prisoners. These low-cost reforms helped the nation’s worst women prison, the Tutwiler Prison for Women, become a model for reform.
The Tylickis ended their presentation with a call for action by urging the audience members to call their state representatives and senators to take responsible action, as they will be voting on this issue in the coming weeks. Additionally, they asked us to volunteer with reentry organizations and educate ourselves and others on the issue. Some initiatives that we can support include The Dannon Project, Alabama Appleseed, and the Equal Justice Initiative. We, as responsible and active citizens of this state, need to play our part in making our society safe, just, and productive for all.
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