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A Brief Judicial History of Religious Freedom

The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.

One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future.

Lemon v. Kurtzman (1971) | Introduction of the Lemon Test

US constitution — (source: yahoo images)

Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.

What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:

The piece of legislation must have a secular purpose;
The piece of legislation must not advance or prohibit the practice of religion;
The piece of legislation must not force the government into “excessive entanglement” with religious affairs.

If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test.

Wallace v. Jaffree (1985) | Application of the Lemon Test

Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.

This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause.

Oregon v. Smith (1990) | Introduction of RFRA

street signs saying church and state — (source: yahoo images)

This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3.

In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.”

However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional.

However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”

This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications.

Burwell v. Hobby Lobby (2014) | Application of RFRA

In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.

Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year.

Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes.

The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.

What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means.

Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test

The last case we shall discuss is one that has been all over the media recently: Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.

Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.

However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”

What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.

Summary

US Capitol Building — (source: yahoo images)

As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.

However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right.

Attack on Gender-Affirming Healthcare in Texas

After decades of systemic and societal discrimination, an array of hope burst through the clouds of despair for transgender individuals. Recently, greater acceptance of transgender individuals in modern culture has opened doors to accessible and evidence-based transgender healthcare. Budding healthcare infrastructure has helped transgender individuals transition and care for their changing bodies providing relief for the marginalized community. Healthcare professionals and teams of scientists worked for decades through societal judgement and the subsequent roadblocks to ensure that the transgender community had an improved chance at a healthy life as non-transgender individuals. However, increasing vitriol exacerbated by politicians has tightened restrictions for gender affirming healthcare across the United States.

Cube beads spelling the word “transgender”; Source: Unsplash

Introduction

In February 2022, Texas Governor Greg Abbott and Attorney General Ken Paxton released a directive stating that gender transition therapies including hormone therapies, puberty blockers, or surgery given to minors can be investigated as child abuse and given criminal penalties. Officials, teachers, parents, nurses, and anyone involved in direct contact with children were required to report suspicions of such therapies, framing the act more as concern for children’s safety and innocence. Anyone found supporting or prescribing such treatment, including parents or healthcare providers, would be subject to child abuse investigations by the Texas Department of Family and Protective Services. The agency was instructed to prioritize cases in which parents who provide their transgender children with gender-affirming care above all other child abuse cases. Strangely, the caseworkers were told to investigate regardless of whether the standard of sufficient evidence was met and to not record their investigation in writing.

Days after the directive was announced, the Texas Department of Protective and Family Services launched an investigation into a federal employee, a mother of a transgender daughter, after she inquired when the directive would be made effective. A federal judge blocked the investigation only 2 days later. In the immediate weeks following the directive‘s release, at least nine families were already facing child abuse investigations for supporting their transgender children in obtaining gender-affirming care. This past spring, the clouds in an otherwise tranquil sky began to blot out blossoming hope as intimidated healthcare providers canceled hormone prescriptions and the few existing transgender youth treatment facilities closed. Families clamored to find alternative sources of hormones and puberty blockers for their children. Some became afraid to claim the transgender label, many moved out of the state, and hundreds more were at home, fighting for their right to exist as their gender identity and as themselves.

Image of protest with posters listing "Transgender Healthcare" — Image of protest with posters listing “Transgender Healthcare”

Medical Evidence

In a statement to the Texas Tribune, U.S. Surgeon General stated that this directive interferes with the physician-patient relationship which has no place for religion, beliefs, or politics. Abbott’s directive and Paxton’s following opinion sparked intense backlash from the medical community for blatantly ignoring decades worth of research supporting early transitional care.

When children first learn that they are transgender, they face a physical and mental health disorder known as gender dysphoria. Gender dysphoria is a condition where individuals experience severe dissonance between the gender they identify as and the physical manifestations of their biological gender. Depression, anxiety, and suicidal thoughts often follow this sense of “not self” that plagues many adolescents as they begin to come out to the world with their new name and pronouns. To significantly improve the outcomes of transgender individuals, all major medical organizations including the American Academy of Pediatrics, American College of Physicians, and American Psychiatric Association support gender transition as an effective therapy. Transitioning includes gender-affirming hormonal therapy and puberty blockers. Hormonal therapy begins and allows for a smoother transition into the opposite gender while puberty blockers suppress the body’s natural maturation process to increase the amount of time children and their bodies have to transition into a new gender. In the meantime, individuals receive mental health support and preparation for a successful transition and in unfortunate cases, wait for legislation to increase access to gender affirming treatments.

Overhead view of medications and hormone therapy. Source: Unsplash

The most prevalent medical reason for opposing gender transition is the possibility that a transgender individual will have regrets, because what is done cannot be undone easily. Although it is a valid concern, puberty blockers exist for children and individuals who are uncertain about their gender, because they provide ample time for the individual to choose not to change genders, if that is later realized. In addition, regrets are “extremely rare” and can be attributed to adverse social climates more than personal attitude. Proper mental health support and preparation are also important for a successful gender transition to recognize behavioral changes and tackle the paradoxical shared sentiment that transgender people are no longer welcome in conservative society.

Alabama and Florida Response

Governor Abbott’s attempt to restore conservative values in Texas is not a new phenomenon. Texas has seen several bills criminalizing medical care for transgender children which is reflective of a broader trend across the United States. In the past year alone, 21 states drafted bills to deny transgender medical care. Arkansas passed a bill making it illegal to prescribe puberty blockers and for insurance companies to cover transgender care. Other conservative states, such as Alabama, have taken Abbott’s directive as a green light and are preparing legislation to discourage transgender healthcare and marginalize the LGBTQ+ within their borders. Taking a slightly different approach, Governor DeSantis of Florida introduced what is commonly referred to as the “Don’t Say Gay” Bill (House Bill 1557). Also known as the Florida Parental Rights in Education Act, the bill was signed into law and passed by the Florida Senate in March 2022. This bill would effectively prevent gender identity and sexual orientation education in classroom discussion in Florida. Experts worry that the vague descriptions in the law indicate that it be used it to suppress all actions that remotely fall under the literal definition of sex and gender, leading to a dangerous slippery slope that may open a dark path of minority discrimination.

Black and white image of a protest with the phrase "No Body Is Illegal" centered. — Black and white image of a protest with the phrase “No Body Is Illegal” centered.

On April 8th 2022, Alabama Governor Kay Ivey signed into law two bills preventing medical professionals from providing gender-affirming care and forcing individuals to use the restroom of their biological gender. In an unprecedented move, the Vulnerable Child Compassion and Protection Act makes arranging gender-affirming treatment including puberty blockers, cross-sex hormones, and surgery for children under 19 a felony with a possible sentence of up to 10 years in prison if convicted. The second bill is culturally similar to Florida’s “Don’t Say Gay” Bill. This bill prohibits teaching or using words related to “sex” and “gender.”

Current Status

A lawsuit filed by families of transgender children weeks after Abbot’s directive was announced resulted in an injunction from federal courts. Abbott vs Doe reached the Supreme Court in May 2022 during which the court ruled that Abbott had no authority to control child welfare officers and direct them to investigate providing transgender healthcare. The country released a sigh of relief, but the fight is not over. Stopping Abbot’s directive seems more akin to a pause on the right’s crusade against the transgender community than a stop.

Recent reports from The Washington Post also suggest that Attorney General Paxton attempted to collect gender marker changes and other transgender identifying information on driver’s licenses from the Texas Department of Public Safety in early 2022. Human Rights Campaign reports that Paxton’s office requested the names and license plates of these individuals later in the inquiry, as well. This news comes as a new shackle for transgender Texans. Some have changed back their gender identity on their licenses to the way it was prior. If not, police or other government officials would know of their transgender identity with the search of their name during traffic stops or unrelated incidents which could lead to dangerous discrimination.

To support the fight for transgender safety in Texas, support politicians and lawmakers who oppose legislation limiting transgender healthcare. Advocate for the reopening of the University of Texas’s youth transgender clinic, the only one of its kind in the southwestern United States, that closed last November. People in Texas and across borders can also donate Lambda Legal and the American Civil Liberties Union (ACLU) which are organizations working to keep the injunction in place on Governor Abbott’s directive after AG Paxton filed an appeal against the federal court decision. They, in conjunction with the Transgender Education Network of Texas and Equality Texas have also assembled the LGBTQIA+ Student Rights Toolkit which is a set of explanations and guidelines to understand Texas’s current plight as well as additional resources such as TX Trans Kids.

Environmental Successes Throughout the Years

Typically, when you hear “human rights” in a sentence, it is either preceded or followed by words with negative connotations — crises, violations, atrocities, etc. However, this blog will aim to highlight positives and focus on the environment.

After reading many articles about environmental issues, some people might be unaware that we have made environmental progress throughout the year. As the Earth is home to all humans, any sort of environmental success, no matter how small, benefits the human species as a whole.

The Ozone

a picture of earth from space — (source: yahoo images)

Perhaps one of the most remarkable environmental victories was the recovery of the Ozone layer. The Ozone layer is located in Earth’s atmosphere and is responsible for blocking excess ultraviolet light from reaching life on Earth. Without the Ozone, the ultraviolet radiation would harm all life on earth, including plants.

In 1985, scientists discovered what seemed to be a hole forming in the Ozone. If the formation of this hole had not been stopped, the Ozone could have depleted significantly enough to allow ultraviolet radiation to penetrate Earth’s atmosphere and reach life on Earth.

The Ozone layer was depleting due to human emissions of chlorofluorocarbons, which are found in refrigerators, air sprays, and other common items which humans use.

While chlorofluorocarbons pose a menacing threat to the environment, thankfully in 1987, almost 200 nations signed the Montreal Protocol, which prohibited the use and production of items containing chlorofluorocarbons.

This act of international cooperation proved to be beneficial, as the Ozone recovered significantly in the coming years. In fact, the United Nations (UN) predicts that by 2035, the Ozone will be fully replenished in the Arctic and Northern Hemisphere.

This is why swift actions of nations are vital to correct threats to the environment. This collaborative effort by the nations to join forces to solve this issue with the Ozone makes it one of the most remarkable environmental successes of all times?

The Rise of Environmentally-Friendly Fuel

a picture of a chevron gas station — (source: yahoo images)

Another environmental success was one that originated in the United States in the 1970s. The United States (US) decided to federally ban the use of a certain type of lead in gasoline which had potent toxins encoded within it.

After the US ban, Canada and some European nations followed suit. Again, due to this combined effort, lead levels dropped from the air, which resulted in a decrease in respiratory diseases invoked by lead..Additionally, evidence of lead levels decreased in human blood, allowing gasoline users (which was anyone who drove a car or made contact with gasoline) to live healthier lives.

Needless to say, the international effort to stop using lead gasoline was a great environmental success for lead gasoline, according to what the World Health Organizations once deemed was “the mistake of the 20th century.”

Renewable Energy

a picture of windmills — (source: yahoo images)

While gas that does not contain toxic lead surely is a success; not using gas at all is even a greater success. Gas and fossil fuels will inherently create pollution, which will eventually harm the environment, regardless of how eco-friendly the gas/fossil fuel happens to be.

However, recently, there has been more of a push than ever for renewable energy rather than rely on fossil fuels for energy. Many nations have started utilizing solar and wind power, both which do not harm the environment.

This push for renewable energy has allowed it to become more accessible and the prices low. In fact, since 2010, the cost of installing solar power has decreased by 85% and the cost of wind power has fallen by 50% so renewable energy is now cheaper than fossil fuels. This is a major accomplishment for all of humankind. We have reached a point where fossil fuels, which are harmful to the environment,are rarely used in comparison to renewable energy. Years ago, many would have viewed this change as an impossible feat. However, an impossible feat it is not, it is another environmental victory.

The Bottom Line

trees in sweden — (source: yahoo images)

While this blog only lists a couple environmental successes, they are by no means the only ones. Throughout the years, there have been hundreds of success stories that have helped keep our environment healthy and prosperous.

However, even with these successes in mind, environmental problems are still incredibly prevalent. Global warming, despite all of the successes mentioned, still prevails.

These environmental problems are dire, and they need to be solved as soon as possible. Thankfully, as we have seen happen throughout the years, environmental problems can be solved.

It is for those reasons that it is important to make note of environmental successes. It is not simply just for peace of mind—it is so that we are all well aware that we have been able to solve problems in the past, so this should inspire us to continue tosolve problems in the future.

As our Earth grows older, it is plausible that it might face more dangers and we are capable of overcoming environmental threats. While the Earth indeed grows older, so do we. As our technology advances, we should be confident that we are equipped to handle the environmental challenges that come our way.

International Attempts at Transitional Justice

Note from the author: This blog was written to accompany the social justice cafe on Wednesday, November 30th at 4:00 pm on zoom. To join, sign up here. Alongside this event, this post focuses on an international scale while the recent post by Maya Crocker focuses on transitional justice in the United States.

Forgiving and being reconciled to our enemies or our loved ones are not about pretending that things are other than they are. It is not about patting one another on the back and turning a blind eye to the wrong. True reconciliation exposes the awfulness, the abuse, the hurt, the truth. It could even sometimes make things worse. It is a risky undertaking but in the end, it is worthwhile, because, in the end, only an honest confrontation with reality can bring real healing. Superficial reconciliation can bring only superficial healing.

Archbishop Desmond Tutu

Figure 1: Source: Flickr, John Mathew Smith; Archbishop Desmond Tutu in Washington, D.C., 1999.

What is transitional justice?

Transitional justice (TJ) refers to a set of judicial and non-judicial processes addressing previous injustices of authoritarian regimes (or multiple perpetrator groups) and establishing rule of law. Transitional justice has several aims and synthesizes aspects of punitive and restorative justice.

According to the United Nations Office of the High Commissioner on Human Rights (OHCHR), these aims include:

Providing recognition to victims
Building trust between citizens and state institutions
Reinforcing the rule of law
Committing to human rights and building solidarity with victims
Reconciliation between victims, perpetrators, and bystanders
Preventing new violations

But only characterizing transitional justice through its aims would not highlight the transformative effect this approach attempts in states where massive or systematic violations have occurred. While providing redress to victims and undertaking prosecutorial avenues as practical solutions, this approach also takes a strategic initiative to change the political systems, conflicts, and conditions that contributed to violations occurring in the first place.

This field first emerged in the 1980s and early 90s in response to the drastic political changes in Latin America and East Europe. Human rights advocates and citizens alike questioned how and what kind of redress should occur in the wake of widespread and systematic violence. Fears over disrupting political changes by pursuing indictments of former leaders were salient: how could justice exist without compromising democratization?

Thus, “transitions to democracy” and “justice” intersected and involved multiple processes to be sensitive to these concerns during a critical period in the country.

These processes are:

Criminal Prosecutions: judicial investigations
Truth Commissions: ad hoc commissions of inquiry established in, and authorized by, states for the primary purposes of investigating and reporting on key periods of recent past abuse.
Amnesty: a pardon granted to perpetrators, usually granted to those who comply with truth commissions and offer testimonies
Purges, lustrations, and security reforms: (1) removal of known collaborators of oppression from office and state institutions, (2) process of vetting personnel in state institutions, (3) transformation in state institutions involved in repression, like the military, police, judiciary
Reparations: state-sponsored initiatives that aim at repairing, on a massive scale, the consequences of past abuse experienced by certain classes of victims, including material and symbolic benefits
Gender Justice: focusing on the intersections of human rights abuse and gender during a period of repression, fact-finding initiatives to establish the nature of gendered abuses
Memorialization: museums, memorials, and other means of preserving the public memory of victims and raising moral consciousness about past abuse

Ultimately, TJ is a context-specific process that crucially (and historically) is led by the nation where the violations happened.

Specific attempts at transitional justice: the good and bad

Bolivia:

Days after the restoration to democracy in 1982, the government created the National Commission of Inquiry into Disappearances. No reports or prosecutions were produced. In 1986, prosecutions began against the former military leader, General García Meza, and some of his officers. The trial was not complete until 1993, by which point Meza had gone into hiding to avoid a 30-year sentence for torture and murder. Notably, this court case rejected pardons for those convicted of crimes against humanity.

Uruguay:

After a 12-year military rule in 1985, the new government avoided truth commissions. Instead, President Sanguinetti issued a pardon (1986) to all soldiers and officers of the previous regime, with no distinction as to those who followed orders and those who gave them. He claimed this was the ‘safest path’ but ‘not a moral decision,’ highlighting that TJ attempts are not pursued in every situation. This is often a result of corruption and officials often rely on a dialogue of ‘national reconciliation by granting large amnesties but failing to pursue any other TJ processes, essentially dismissing victims’ realities. Victims were denied any form of reparation and violators remain in high office in the police and military. An official Commission for Peace was established in 2000 under President Jorge Batlle with the official report released in April 2003 confirming that the military dictatorship was involved in some of the disappearances.

Chile:

This history of Chile’s dictatorship and eventual prosecutorial redress can be read about in my next blog. Part of the reason for the near-decade gap between the restoration of democracy (1990) and Pinochet’s arrest (1998) was due to Pinochet’s change of the constitution during military rule. Not only did he pardon himself and his torturers in 1978, but he enshrined legal protections from purges and lustration attempts. Nonetheless, Chile has engaged in memorialization and reparations in the cases of successful prosecution of former DINA police.

El Salvador:

A Commission on the Truth of El Salvador was established in 1991, led by three international jurists and staffed and financed by the United Nations. While only fully investigating 33 disappearances out of the reported 22,000, the commission did identify 40 individuals connected to the armed forces and involved in crimes against humanity. Additionally, the Commission was able to confirm the El Mozote massacre, where nearly 1,000 villagers were killed by US-trained and equipped Salvadoran army members. The Commission also called on the Supreme Court to retire, which they declined. René Ponce was named general and ordered the execution of 6 Jesuit priests (one the then head of the Human Rights Institute). Due to Ponce’s involvement in the peace negotiations and settlement with FMLN, his prosecution was never attempted. The report from the truth commission was rejected and the then-president offered a blanket amnesty for all political crimes which the Supreme Court upheld (1995). After 20 years, no other transitional justice attempts have been implemented.

Haiti:

Haiti suffered massive human rights violations under the Duvalier reign between 1957 to 1986. Over 40,000 Haitians were killed and it wasn’t until 1990 that democracy was established with the election of President Jean-Bertrand Aristide. Soon after, he was ousted by General Raoul Cedras, showing just how volatile transitions toward democracy can be. Under Cedras, hundreds were killed by the paramilitary group Front for the Advancement and Progress of Haiti (FRAPH), funded in part by the CIA. Democracy was restored in 1994 and power returned to Aristide but at the cost of blanket amnesty for all rapes, murders, and political killings. He went on to establish a National Commission for Truth and Justice which in February 1996 urged for the prosecution of individuals who committed crimes against humanity by an international tribunal. There has been no tribunal and no prosecutions, and to this day impunity is chronic.

Argentina:

Spray painted image of a general with crossed-out eyes on a wall. The words “More than 30,000 reasons for popular justice. Never again look the other way" are painted beside the images. — Figure 2: Source: Yahoo Images, Colin Snider; Graffiti of General Jorge Videla with the phrases “More than 30,000 reasons for popular justice. Never again look the other way.”

Argentina took the most extensive approach of the states discussed so far. In 1983 after the defeat of the military in the Falklands Wars, President Raoul Alfonsín annulled the amnesty the military had given themselves. He also set up the Commission on the Disappeared which produced the report Nunca Más (Never Again) which was a national bestseller – fulfilling some forms of memorialization. The evidence the commission gathered was used to prosecute 5 of the most senior members of the military junta, but when indictments began on less senior officers the military revolted in 1987. Trials ceased to end the conflict but Alfonsín refused to give any pardons. His successor Carlos Menem was the one to pardon ex-president Videla and others on grounds of “national reconciliation.” In spite of Menem’s undermining, human rights groups and families of the disappeared renewed the vigor for criminal accountability in 2003, and as of 2010, more than 800 face criminal charges and 200 have been sentenced.

South Africa:

When one thinks of “truth and reconciliation” or “truth commissions,” the most likely example to come to mind is South Africa. After the end of apartheid (a crime against humanity) in 1994, the new democratic government formed the unique tripartite Truth and Reconciliation Commission (TRC). It had three responsibilities: (1) record the apartheid era for memory, (2) make recommendations for reparations, and (3) grant amnesty to individuals based on application and only in limited circumstances.

This was a revolutionary step for transitional justice and helped citizens come to terms with the violent and discriminatory apartheid. In spite of the success of this TRC, no prosecutions have ever been mounted and organizations like Human Rights Watch and Amnesty International fear the TRC suggestions are not being fully implemented.

Nonetheless, it is important to note that the commission was chaired by none other than Archbishop Desmond Tutu whose ceaseless human rights efforts have helped define the role of TRCs as both forward and backward-looking. In his words, “True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth. You cannot forgive what you do not know.”

United States:

For an in-depth examination of the transitional justice movement in the United States, please read Maya Crocker’s blog here.

Conclusion

Without addressing the seeds which sprouted violence, the threat of their reoccurrence cannot be escaped. This means acknowledgment, and hardest of all, forgiveness. While a generation suffered, hatred should not be allowed to pass down and threaten long-lasting peace.

This is not easy, but if you believe in human rights, affirming the realities of victims and perpetrators and all those in between is crucial. As Desmond Tutu says, “We must not only speak about forgiveness and reconciliation, we must act on these principles.”

This post draws a lot of information from the book Crimes Against Humanity: The Struggle for Global Justice by Geoffrey Robertson, originally published in 1999 with multiple editions given the continuous development of human rights. I will be utilizing information from a 1999 edition, and thus, certain information on the results of transitional justice attempts will have developed more in the last two decades. If you are interested in obtaining a copy for yourself, the latest edition was updated in 2013 and includes additional sections on Iraq, Guantanamo, the Obama administration’s use of drone warfare, the Charles Taylor conviction, and the trials of Mladic, Karadzic, and Khalid Sheik Mohammed.

A book cover, there is no background, only a bold white title against black. — Figure 3: Source: Target; Cover of the aforementioned book.

Geoffery Robertson is an internationally acclaimed lawyer and human rights advocate who has served as a UN war crimes judge and founded Doughty Street Chambers in London, a leading human rights law practice. In his book, he deconstructs international human rights law, beginning with the foundational philosophy of rights dialogue (natural rights, social contract, Enlightenment) and moving through the defining events of 20th-century human rights law formation. His book is written in a non-legalese, prose-like style and is a strong starting point for learning a breadth of information about the very complex processes behind prosecutions (and more often why they don’t happen).

If this interests you, read Robertson’s book or check out more blogs from IHR below:

What is the International Criminal Court and Why Should I Care?
The Age of Human Rights?
Relativism’s Implications on Universal Human Rights
A Bright Future – Recent Human Rights Victories
Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China
Covenants Without the Sword: International Humanitarian Law (IHL) and Sexual Violence

United States: The Case for Transitional Justice

“Statue of Lady Justice” Source: Jernej Furman via Flickr

Note from the Author: This blog was written to accompany the Social Justice Café Transitional Justice: Here & Now hosted by the Institute for Human Rights at UAB on Wednesday, November 30th at 4:00pm CST. At this event we will discuss a brief history of Transitional Justice in the United States and hold an open discussion about what it could look like in the home city of the Institute, Birmingham Alabama. You can find out more information and join the virtual event here. In this post, we will explore transitional justice in the United States. We will have another post on the international context of transitional justice.

Transitional justice is a field of international justice that “aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations” (OHCHR). Often referred to as TJ, transitional justice is a system of multiple mechanisms and processes that attempt to create stability and ensure justice and remedies for victims of oppression and human rights transgressions. Some of the most commonly used mechanisms of TJ are truth commissions (TCs), reparations, and trials of perpetrators.

In practice, transitional justice has often been restricted to nations following active conflict or repressive authoritarian regimes, otherwise known as transitional time periods. This traditional understanding of transitional justice is beginning to evolve as stable, established democracies like Canada and South Korea implement TJ mechanisms such as truth commissions and reparations to address and amend state-sponsored abuses of certain groups. As it evolves the international gaze has once again turned to the United States and the uncomfortable discussion about the historical and ongoing oppressions. This article intends to establish the historical basis of transitional justice in the United States and recent developments to encourage a conversation about acknowledgement, fact-finding, reparations, and justice in the land of the free.

Section 1: Historical Examples of Transitional Justice in the United States

With an international spotlight on the Black Lives Matter movement in the United States in 2020 came an increase in conversations about reparations to African Americans for the abuses of slavery, segregation, police brutality, prison labor, exclusion from housing and education and other forms of state-sponsored oppression that have proliferated for centuries. The discussion about the harms the American government has caused to Indigenous tribes, Alaskan Natives and people of Hawai’i, and other marginalized groups has been a matter of public discourse for decades. While the word reparations saturated international media, little attention was given to what reparations would truly look like, could look like, and examples of when the United States have provided reparations before.

While the spotlight of this discussion about reparations is often on monetary forms, such as property, cash or pensions, transitional justice recognizes that reparations can and should come in many different guises in order to provide a more holistic and healing process for victims. Reparations are deeply context-specific, and should be tailored to the needs of the victim, nation, and individual circumstance. However, examples of other forms of reparations and TJ include official acknowledgements and apologies, funding of research to uncover facts and educate the public on the truth, providing education and/or healthcare to victims and their families, and preserving historical sights and monuments. Ultimately, they should be determined by and catered to the people involved.

I have included both a brief infographic timeline and a more detailed look at a few examples of government-led transitional justice mechanisms in the United States below. It is important to note that, as many of these instances occurred prior to our modern definitions of transitional justice and reparations, this timeline encompasses cases of compensation which, under similar circumstances today, would likely be considered reparations, but were not explicitly intended as such at the time. The same goes for fact finding commissions that are analogous modern Truth and Reconciliation Commissions, though they lack that title. I have excluded instances of payments or acknowledgements being issued following a lawsuit through our judicial system, as well as instances of TJ being led by non-governmental entities like community organizations, charities or other non-governmental institutions.

Infographic by Maya Crocker for the Institute of Human Rights. Source: https://guides.library.umass.edu/reparations

President Lyndon B. Johnson established the National Advisory Commission on Civil Disorders, otherwise known as the Kerner Commission, in 1967. It was established to serve the purpose of a fact-finding mechanism akin to a Truth Commission today. The goal of the commission was to identify the causes of the violent race riots of 1967. While widely ignored, the Kerner Commission found that the root of the unrest were unequal economic opportunities, racism, and police brutality against minority racial groups in America.
Following concentrated efforts from interest groups and international attention, the United States federal government committed to two massive examples of explicit transitional justice mechanisms in the 1980s for Japanese Americans that were interned by Executive Order 9066 during World War II. In 1980 President Jimmy Carter signed the Commission on Wartime Relocation and Internment of Civilians (CWRIC) into law, establishing a clear transitional justice mechanism (truth commission) at the national level. The CWRIC published the full report of their findings in February of 1983, and momentum from the commission persisted with the recommendations which were published in June 1983. The recommendations included an official apology, pardons for those convicted of violations of the executive order or during detainment, and the establishment of a federally funded foundation for research and education on the incident.
Shortly after the results of the CWRIC circulated across the nation, the United States Congress passed the Civil Liberties Act of 1988 which provided all eligible interned individuals with a one time payment of $20,000 in reparations as well as official acknowledgement and apology from the United States. In addition, all individuals who were convicted of disobeying the executive order or violating rules while interned were officially pardoned.
In response to the massive Black Lives Matter protests in 2020, many subnational level truth commissions and reparations programs were initiated, including those in the State of California, Evanston, Illinois, and Asheville, North Carolina. As the national conversation continues, we may see an increase of examples of transitional justice at work in United States communities.

“Freedom?” Source: Nicu Buculei via Flickr

Section 2: You, us, and the future of transitional justice in the United States

Whether in Europe, Africa, the Asia-Pacific, the Middle East, or the Americas, civil society plays a key role in the transitional justice sphere. Civil society actors are civilian organizations which can be activist groups, media, charities, non-profit organizations, educational groups and schools, or just citizens interacting with policy. Most recent transitional justice measures that have been implemented in the past few years in the United States have been on the subnational level. They are occurring as a result of citizens’ calls for action, constant attention on the need for transitional justice, and the everyday acts of discussing transitional justice.

Birmingham, Alabama is a historic city for human rights, civil rights and civic action. Civil society here, in this city, has influenced national change through the Civil Rights Movement as well as citywide changes like the removal of confederate statues in public parks and the preservation of historic sites from the Civil Rights Movement like the Greyhound Bus Station and 16th Street Baptist Church.

The Institute of Human Rights at UAB fosters an educational environment where you can see civil society at work, and hosts Social Justice Cafes on the second Wednesday of every month during the school year at 4:00pm CST. We will be hosting our last Social Justice Café of the semester, Transitional Justice: Here & Now on Wednesday, November 30th to discuss what transitional justice should look like in American cities like Birmingham. You can find out how to join these open discussions, and become a civil society actor yourself, and attend more free educational events from the Institute of Human Rights here.

The Brazilian Election: Recap and Potential Consequences

The night of Sunday, October 30th marked a great victory for leftists and supporters of Luiz Inácio Lula da Silva, the new Brazilian President, after a majority of voters chose to oust incumbent President Jair Bolsonaro. The election’s margins were close, with 60.3 million voting for Lula, compared to 58.2 million voting for Bolsonaro. This round of voting came after a fiercely contested first round, with neither candidate reaching 50% of the overall vote on October 4th, thus needing a second round with the top-two candidates. But with this election marking a shift to the left for Brazilian politics, what does this victory by Lula actually mean?

Goodbye Jair Bolsonaro

An image of Jair Bolsonaro — Bolsonaro diz que, se perder para Lula em 2022, só aceitará se “voto for auditável”. Source: Yahoo! Images

Jair Bolsonaro led Brazil from 2018 to 2022, through a platform centered largely on eliminating corruption and “putting an end to ‘old politics,’” using rhetoric similar to that of Donald Trump. Interestingly enough, many have actually called Bolsonaro as the “Trump of the Tropics,” and combined with that title came a desire of the Trump Administration to foster closer ties with Brazil.

Brazil under Bolsonaro’s Administration started with a shift in how pensions operated in the city, changing the retirement age for men and women from 56 and 53 to 65 and 62 respectively. Brazil also reduced the protections granted to the Amazon rainforest, leading to more instances of illegal logging and burning of trees. Despite the harm done to climate change efforts, President Bolsonaro promoted business interests instead, which also led to the displacement of indigenous populations in the region. The COVID-19 pandemic also showcased Bolsonaro’s reluctance to impose federal restrictions and aid state/local governments in imposing lockdowns, with the President himself downplaying the severity of the virus. Through Bolsonaro claiming to have benefitted from taking hydroxychloroquine (which does not treat COVID-19 in individuals) and raising doubts related to vaccinations, not to mention a lackluster response from the federal government, 15 million Brazilians contracted COVID-19 and more than 400,000 individuals died from the virus.

Welcome Back Luiz Inácio Lula da Silva

An image of Luiz Inácio Lula da Silva — Lula será candidato em 2022, diz vice-presidente do PT”: | Política. Source: Yahoo! Images

da Silva, more commonly known as “Lula,” served as Brazil’s president from 2003 to 2010, and helped alleviate ~20 million Brazilians out of poverty. After leaving office with above an 80% approval rating (President Obama even called him the “most popular politician on Earth”), he then became part of an investigation into government bribes, leading to his imprisonment. In 2021 however, the Supreme Court threw out Lula’s conviction, noting that the judge “was biased in convicting Lula.”

With 50.9% of the total vote, Lula’s victory cemented a shift to the left for politics throughout Latin America, with leftist victories in Mexico, Columbia, Argentina, Chile, and Peru. Lula campaigned on making life better for Brazil’s poor, especially with the effects of the pandemic and inflation throughout Brazil. His election marks promises to increase the minimum wage, create jobs, and widen the already existing safety to aid more struggling Brazilians. His victory also came due to the deep unpopularity that Bolsonaro has throughout Brazil, given his actions and impact on Brazil’s standing on the global stage, combined with his selection of Geraldo Alckmin (his opponent in the 2006 presidential election) as his running mate. Lula’s victory also induced many celebrations throughout Brazil, and around Latin America, with Columbia’s leader, Gustavo Petro, also tweeting “Viva Lula.”

The 2022 Brazilian Election – Concerns and Protests

This election pitted an incumbent (Bolsonaro) with an ex-President (Lula), with both candidates attacking each other for the stances they have, calling each other corrupt or authoritarian-like. Tensions in Brazil are also at an all-time high because of President Bolsonaro’s attempt to cast “unsubstantiated doubt on the trustworthiness of Brazil’s electronic voting system,” combined with conspiracy theories from his supporters noting that career politicians were against Bolsonaro’s victory. Lula’s victory also symbolizes the start of a continued conflict between Lula’s leftist party and the opposition, with Lula facing many Bolsonaro supporters in Brazil’s Congress when creating and working to implement new policies.

Interestingly enough, Bolsonaro had not conceded to Lula following the election despite official results noting that he lost the election. This silence also comes with an increase in protests against Lula’s victory, especially from those working in the trucking industry. With many truckers supporting Bolsonaro’s policies starting fires and blocking off portions of a highway, election deniers / doubters have worked to cause chaos and disruption to the Brazilian economy in an effort to bring Bolsonaro back to the Presidency. In recent days, many supporters of Bolsonaro have called for blockades to be created around major industry centers, in an effort to “paralyze the country.” Despite the potential for more protests, many of Bolsonaro’s cabinet members and allies have accepted the results of the election, from televangelists to elected officials and judges in Brazil. And unlike similar occurrences of politicians refusing to accept defeat, Bolsonaro does not have as much political support to launch operations or coups.

Refusal to Concede

In his first public remarks post-election, Bolsonaro did not concede to Lula, while also noting that current protests come from a feeling of anger over a potential injustice being committed on the Brazilian population.

“The current popular movements are the fruit of indignation and a sense of injustice about the way the electoral process took place.” – Jair Bolsonaro

Despite this refusal to simply state his loss to Lula, Bolsonaro’s cabinet has moved into a transition process for the incoming cabinet. Even so, Bolsonaro has in recent months used language indicating some type of violence occurring were he to lose the Brazilian election. Combined with the fact that major Bolsonaro allies reside in the military raise even more concerns with which way administrators may turn when the transition of power officially happens.

Human Rights in Brazil

A flag of Brazil flowing in the wind — Brazil – Flag. Source: Yahoo! Images

Brazil under Bolsonaro had loosened gun regulations and opened up the rainforest to private developers. With President-Elect Lula, many hope to see protection of the Amazon Rainforest and protecting minority populations from women and LGBTQ individuals to indigenous populations and persons with disabilities. These initiatives by Lula will help to protect those most at risk while also helping Brazil recover from the detrimental effects of the COVID-19 pandemic, rising inflation, and a collision between left and right ideologies.

Other blogs point to Bolsonaro’s administration implementing policies that would only hurt the rich diversity in nature and the freedom of expression by all peoples, and it is through this election that hope for an egalitarian and environmentally-conscious government will serve the interests of the broader public, rather than serving the interests of the few through powerful and accusatory rhetoric.

The Trafficking of Migrants by American Political Leaders

Picture of the famous Ellis Island, where many immigrants made their entrance to America — Source: Wikimedia commons found on Yahoo Images; An image of Ellis Island, the place of entry for many immigrants wishing to enter into America

The issue of immigration in America is one that is divided on so many fronts, and recognizing this division, political leaders have exploited the public’s conflicting views to push their own political agendas. Immigration has a rich history in this nation, and unfortunately, America has had a very unequal approach to how immigrants are treated. While some immigrants, (including many from Western nations) are treated with great respect and dignity, many of the immigrants that come from Central American nations, African nations, or Asian nations are portrayed by many political leaders in the United States as “criminal” or “coming to the US to steal our jobs.” This has been a tactic used historically since the founding of this nation, and it has led to the racial hierarchy that functions in America to this day. Even today, there have been comparisons drafted between Ukrainian refugees and how they are received versus how refugees from Palestine are treated. Ukrainian immigrants were accepted fully without any concern for space, funding, or any of the other arguments that come up in regard to immigration. Palestinian immigrants, who have been struggling with a similar situation as Ukraine, (where another nation has invaded their own nation, claiming property and lives in the process), continue to deal with political attacks and discrimination simply for being Palestinian immigrants. (For more on how countries value immigrants from different nations differently, read a recent post by my colleague Danah Dibb). This discrimination is also present in how immigrants from Central America are treated, including the fact that children are still being held at the border in inhumane conditions separated from their parents.

Additionally, immigrants have been a source of cheap labor for industries since the founding of America. At first, there were indentured servants and slaves that helped build the economic success of America early on. Yet, after slavery was abolished and indentured servitude was outlawed, industries faced a new challenge to find cheap sources of labor to maintain their profit margins without sacrificing their productivity levels. This has led to industries using the modern-day prison industrial complex, (which has evolved slavery and indentured servitude into a legal process), or outsourcing jobs to other poor nations to be able to exploit laborers for their own benefit. Yet, another way that industries have aimed to address their cheap labor needs is through the employment of immigrants, mainly undocumented immigrants who are not protected under American labor laws, and as such, industries can (and do) exploit their labor without any regulations or transparency in the process. Even the process for naturalization and legalization for immigrants is purposefully long and difficult, forcing immigrants to still pay taxes, without receiving any benefits that documented immigrants would receive. Despite the misconceptions of many Americans, immigrants do not take away jobs from the American public; they take on jobs that are generally avoided by most Americans. Also, contrary to the American myth that immigrants are “criminals,” the immigrant population is more rule-abiding than most U.S. citizens. All these facts are relevant to frame the political landscape for immigrants in America. This historical context is necessary for comprehending the full reality of the political stunts that occurred recently in regard to immigrants.

A Bit of Background on Human Trafficking

I wanted to include this image because it is inclusive of what human trafficking entails — Source: Yahoo Images; An image of a person in distress made up of multiple words and phrases relating to human trafficking. These are just some of the realities people who are trafficked face

So, what is human trafficking, and what does it have anything to do with immigrants? Let’s begin with the first question, focusing on what it is, the federal laws on human trafficking as well as international and human rights laws that protect people from being trafficked. Human trafficking is the sale and purchase of human beings for the single reason of exploitation, whether it be for the victims’ labor, or for sexual manipulation. According to the human trafficking institute, over 24 million people worldwide are trafficked, of which 20 million are trafficked for labor-related issues, and another 4.8 million are exploited for the sex industry. These victims of trafficking are comprised of men, women, and children, from various nations, and from any and all age groups. Just looking at the numbers for America, it is estimated that around 14,000-17,000 people are trafficked into the United States. This does not even include the people that are trafficked within the borders, and this estimate is based on reported findings, which means that many people being exploited that have not been reported are not included in this statistic. Of course, as it is with any other issue, the more marginalized the group of people being targeted, the more vulnerable they are to being trafficked. Among other fields such as the sex industry, some of the most popular industries that employ people who are trafficked are the agricultural, manufacturing, domestic, and construction industries, which benefit from the cheap labor force. Victims are coerced into being trafficked through a variety of ways, including the threat of physical and psychological abuse to themselves or their family members (which can include sexual abuse, deprivation of food and sleep, as well as shaming and isolating victims from their family members). Traffickers also abuse the legal system to confuse or manipulate the victims, such as withholding their passports or documents and forcing them to comply with the trafficker’s rules. Immigrants and refugees are especially vulnerable, because they come from another nation, and most of the time, don’t speak the language of the country they are exploited to, are not familiar with that country’s laws, and are also threatened with deportation back to the country they escaped from fearing for their lives.

What protection do people have under the law against being trafficked?

I wanted to include this image to show that the UDHR protects people from being trafficked — Source: Yahoo Images; The Universal Declaration of Human Rights details in Article 4, that all persons are protected from being trafficked, forced into labor, or other forced actions.

Under most nations’ laws, human trafficking is a heinous crime that can result in serious punishment for those who participate in criminal activity. Protected by the Universal Declaration of Human Rights (UDHR) under Article 4,slavery and forced labor are prohibited. States that have ratified the UDHR are under a bounded obligation to protect the rights outlined in the UDHR. The United States has only selectively ratified the rights outlined by the UDHR, and as such, any issues of accountability they might face for any violations of the UDHR can become complicated. The United States does have its own laws against human trafficking, and according to the American state department, they have made it one of their policy priorities. One such legislation passed in 2000 to address this issue was the Trafficking Victims Protection Act, which put into place an updated legal framework that focused on the protection, prevention, and prosecution of human trafficking. Additionally, to better define who falls under the victimhood of trafficked individuals, the A-M-P model was proposed, focusing on the Action, (how the trafficker approached the victims), Means, (what strategies the trafficker employed, mainly force, fraud, or coercion), and the Purpose (for sexual exploitation or labor exploitation) for the trafficking of individuals. This framework helped the legal system better understand not only how the people were trafficked, but also defined the why. With all this being said, let us now move on to the issue of two political leaders, Ron DeSantis of Florida, and Gregg Abbot of Texas, who engaged in the trafficking of migrants across state borders to stage political stunts, in the process of uprooting the lives of many vulnerable immigrants.

Case of Greg Abbot and Ron DeSantis Transporting Migrants Across States

I wanted to include this image because most humans who are trafficked are done so for two reasons: labor or sexual exploitation — Source: Yahoo Images; An image of migrant workers in the field. Many of the immigrants who were trafficked by Abbott and DeSantis were coerced, with false promises of new opportunities.

The Republican governor of Texas, Greg Abbot, in an attempt to make a political statement regarding the United States immigration policies, began loading up busses full of migrants he picked up at the US-Mexico border to then be transported to the houses of his party’s opponents, such as Vice President Kamala Harris. He also proceeded to send busses into cities that are led by Democrats, such as Chicago, Washington D.C., and New York City, arguing that the borders were not secure enough and that the United States allowed too many immigrants into the country. While this argument is far from the actual truth, Abbot is not the only political leader spouting this hateful rhetoric. The cruel tactics that were used were originally made popular by former president Donald Trump in 2019, who envisioned a much more sinister approach to collect all the “rapists and criminals” and “bus and dump” them in blue states to stoke fears against immigrants. The trafficking of migrants has been put into practice many times since then, by political leaders from his own party acting on the former president’s ideas.

Similarly, the Republican governor of Florida, Ron DeSantis, also put into practice Trump’s “bus and dump” tactic but using a private plane this time, to fly migrants to Massachusetts, a state he claims is a “sanctuary state,” (which means these states or cities have an understood policy, whether written or unwritten, to protect the reporting of immigrants and their status to law enforcement, unless the individual is under investigation for a serious crime). In this latest stunt pulled by DeSantis, with the help of an individual identified as “Perla” (Perla Huerta, who is said to be a former counterintelligence agent for the US Army in Afghanistan and Iraq), rounded up 48 migrants in San Antonio, Texas, mostly from Venezuela, and lured them under false pretenses of new opportunities of employment and survival, to board the flight that landed in Martha’s Vineyard. These migrants were handed brochures that came from the Massachusetts Refugee Benefits center (which was made up), and had presented information on the pamphlet which they had copied from the real office for immigration services, Massachusetts Office of Refugee and Immigrants (who had no idea about any of these events). This brochure included “benefits” that the migrants were wrongly led to believe they would be eligible to receive and were flown to Martha’s Vineyard in Massachusetts. These benefits included promises of eligibility to receive up to eight months of cash assistance, housing assistance, food, clothing, and transportation assistance, and even help with childcare and education. Not knowing that these were only eligible for documented immigrants that had already been granted asylum, many of the Venezuelan asylum seekers (who had not been granted asylum by the United States) were misinformed and manipulated.

So, what happened to the migrants in both these cases?

Although this is not an image from the recent trafficking incidents, I wanted to include an image of what it looks like when community members come together to help migrants out. — Source: Marty Graham via Yahoo Images; An image of a community coming together to help with the medical needs of the migrant population

Despite the belief by both Abbot and DeSantis that these migrants would not be well-received, the people from the cities where the migrants were dropped off took it upon themselves to ensure that the migrants had adequate food and shelter arrangements as the issues of what to do moving forward were being decided upon. Chicago, one of the cities which received the waves of migrants sent by Governor Abbot, went out of its way to ensure that the migrants’ needs are being met and that they receive the medical care and legal advice they need as they await their fates. Similarly, in Massachusetts, Governor DeSantis’s plan was to drop the migrants off at the foot of a community center and they were told to knock to receive help. No one knew what was happening, but the entire community around Martha’s Vineyard came together to help feed and clothe the migrants. The 48 migrants later ended up at the military base in Cape Cod, using the military’s empty barracks for places to sleep.

If the actions of governors DeSantis and Abbot are run through the A-M-P model discussed earlier, the purpose of these stunts would be the only aspect that might be hard to judge from a legal perspective. The actions the two governors took would clearly fall under the transporting criteria of the first step, and their means would include both fraudulence and coercion for the second step. Although their purpose was of a political nature, they still rounded up migrants through fraudulent means to be migrated forcefully out of their current residence, without a proper place to be sheltered and provided for. While DeSantis dropped the migrants off at Martha’s Vineyard and forced the people there to deal with the aftermath, Abbot transported the migrants to the doorstep of the houses of his party’s political opponents. These actions, if committed by someone, not in a position of political power, would have led to the person facing severe legal repercussions. Yet the two governors have doubled down on their actions, proudly taking responsibility for the stunts, and Abbot even promises that more migrants are on their way, implying that he is not yet finished.

Update: Migrants file lawsuit against DeSantis

United States Supreme Court Building, Washington, D.C. Original image from Carol M. Highsmith’s America, Library of Congress collection. Digitally enhanced by rawpixel. Source: found via Yahoo Images Public Domain

Still, DeSantis might face some form of accountability for his actions, as the 48 migrants he flew to Martha’s Vineyard have filed a civil lawsuit against him, claiming that in the process, he violated the fourth and fourteenth amendments as well as many federal laws. The attorneys, on behalf of the migrants filing the lawsuit, are calling on DeSantis to be banned from repeating this political stunt again and are asking for DeSantis to pay for the damages caused to the migrants as a result of his actions. DeSantis came out protesting this accusation, claiming that his actions were legal because he had obtained signed consent forms from all the migrants who boarded that plane. He also alleged that this was not an act of coercion but that the migrants willingly took the journey to Martha’s Vineyard. However, most of the migrants claim they did not know where they were being taken to, only that they were promised good employment opportunities and a chance at a better lifestyle. Many of the migrants that were coerced into getting on the plane did not even speak or understand English. Additionally, there have been updates provided that the funds for these political stunts pulled by DeSantis came from public, tax-payer funds, meaning that this is also a case of misappropriation of state funds. Some legal experts are even proposing that these political stunts can be categorized as “kidnapping” because the victims were moved from one place to another without knowledge about where their destination was going to be. We will have to wait and see how this lawsuit plays out, mainly on the issue of whether there will be any accountability for people in positions of political power.

What now?

So, while we await the final verdict from the courts, what can be done to ensure this doesn’t happen again? For one, we could put immense public pressure on the two political leaders using a tactic known as “naming and shaming” to discourage them from pulling similar stunts in the future. However, many people that support these politicians, mainly the Republican base, have applauded the two governors’ behaviors, doubling down on their anti-immigration stances. In a society that continues to become more polarized, “naming and shaming” might have the opposite results than expected. Additionally, another step that can be considered is impeachment, or even banning the two politicians from holding office again. Some people might say this may be a drastic move, but if, as an elected official, you are irresponsible with so many human lives, including those of children, where you think it is okay to treat others with disrespect and ignominy, then you should not be allowed the opportunity to serve a position that would put you in charge of people’s well-being.

Another approach would have to come from the international community, mainly the international criminal courts, in an attempt to hold these individuals accountable for violation of human rights. This too, however, might not be as easy as it seems. For one, the federal courts would have jurisdiction before the international courts, and even still, in 2002, then President George W. Bush “unsigned” the Rome Statute, and a few months later, Congress passed the American Servicemembers Protection Act, which forbade the US from assisting or supporting the ICC or any member states that support the ICC. Further, it granted the president full power over securing the release of any US person, or allies that are held or imprisoned by the ICC. Although there has been renewed interest in revisiting this legislation, from an unlikely individual at that (Lindsey Graham), this support might not extend as far as investigating members of his own party. America has long struggled to hold its political leaders accountable, whether it be for war crimes committed by past presidents, or even for simply acknowledging historical atrocities that have occurred in the nation’s past. However, without proper accountability for these heinous political stunts, the two governors would set a precedent for the worse treatment of migrants in the future.

On the Railroad Workers’ Situation

Perhaps, in the media or within your own life, you have heard snippets about “railroad workers rights” and “railroad unions.” However, even though you might have heard of these topics, you still may not know what they refer to. You might have even asked yourself, “Why would railroad workers form unions? What is going on?” To understand the answers to these questions, consider the severity of the situation. For example, did you know that railroad workers across the United States are facing disciplinary action for taking days off to go to the doctor?

I hope this post implores you to spread information about the maltreatment that the railroad workers are experiencing. This blog will share the most current information relating to railroad workers rights movement.

But First

Before we unpack all that has been going on with railroad workers, we will firstly examine a place that is frequently of American interest: Italy. Whether it be Italy’s beautiful geography, remarkable monuments, or the sublime cuisine, most Americans have similar presumptions about the nation: it is simply exquisite and fosters a rich culture.

Unfortunately, however, this blog will not discuss Italy’s glorious disposition. Instead, we will be discussing another remarkable, modern-day characteristic of Italy (which, in my opinion, trumps some of the others): the rights of employees instituted by the federal government.

In Italy, every employee is entitled to at least four weeks of paid vacation. The federal government makes it illegal for any employer to prohibit their employees to not take at least four weeks of time off.

Contrastingly, this notion, as it relates to the United States (where there is no federal law regulating how many days off a private employer is required to give their employee) is borderline martian. Employees being federally entitled to paid time off in the United States is similar to oxygen in space—nonexistent.

However, even though Italian employers are required to offer at least four weeks of paid vacation to their employees, the majority of employers offer five weeks. In the United States, the average length of paid time off given to employees is 10-14 days—less than two weeks.

Without a doubt, when comparing which nation better allows its employees to have a healthy work-life balance, Italy prevails over the United States. (I did not even have to mention how Italians also receive 104 hours per year which they can use for personal affairs: taking a child to the doctor, running errands, etc.).

However, let us now consider the argument that follows from the aforementioned points: indeed, Italy may have better federal legislation for employees; but, surely, as a result of that, their economy and government is not as prosperous as the United States.

This argument, although perhaps not for the reasons one might assume, is valid—the United States indeed does have a bigger and better economy than Italy. In regards to GDP, the US economy ranks first in the world, while Italy’s is 8th. However, one must also consider the USA’s size and history. Italy’s economy crumbled after the World War; the US’ economy exponentiated. Therefore, considering that Italy had to recover from a World War, the fact that it currently ranks 8th in the world—and it has legislation ensuring the prosperity of employees—is rather remarkable.

As you read the rest of this article, keep these statistics and distinctions in mind.

Back to the States

american flag — The White House (source: yahoo images)

Up until this point, we have discussed international affairs. However, the main point this blog seeks to discuss and analyze relates to railroad workers in the USA—a domestic topic. Italy’s overpowering legislation on employee’s rights shall be used as a tool of comparison for what is currently occurring in the United States.

With all this in mind, the ultimate question remains: what is going on with railroad workers in the United States?

The Fundamentals

steam train — A steam engine (source: yahoo images)

For the past couple of months, multiple unions have been created by railroad workers to bring forth change in the workplace. These unions have threatened to go on strike multiple times.

The central issue that unions are attempting to fix relates to worker rights. More specifically, the rights of employees wishing to take days off.

For the railroad workers, the ability to have sick days has been a source of conflict. Currently, railroad workers throughout the United States are not able to take days off for any reason. Whether it be taking off days because of sudden illness or having to go to a funeral, railroad workers are unable to take off days without facing repercussions (which include suspension and potential dismissal).

According to Vice, railroad workers are “working or on call 90% of the time.” When workers are on call, it’s rather common for them to be called into work at random times and end up being away for multiple days. When workers are not on call, they are often already at work.

This has caused outrage within the railroad workers community. These workers, who are vital to America’s economy, are not being offered basic worker protections.

In fact, a spouse of a railroad worker once stated that “[they] go to work sick, they miss funerals of loved ones, they miss final goodbyes to parents on hospice, they miss holidays, birthdays, all of it.”

Moreover, some railroad companies, in an effort to have a “system” overseeing the amount of days off an employee receives, created a point system. In this system, employees gain points for showing up as scheduled and lose points when they do not show up as scheduled. Ostensibly, this makes sense: workers should both be praised for their hard work and penalized if they simply disregard their schedule. However, unfortunately, this system is far from that.

In this system, every employee starts with 30 points. If an employee wants to take a day off, they lose 15 points. Whether it be Christmas, New Years Day, or Thanksgiving, any day off by an employee leads to a deduction of 15 points.

Therefore, if an employee wishes to take a day off on Christmas and Thanksgiving, they would lose all of their points. This in turn would get them suspended and put under investigation. If they are found to be compliant workers, they are put back to work and given 15 points. If they end up losing those 15 points, they are fired. (I should also note that, in this particular point system, the only way an employee can gain points is by being on call for 14 days in a row.

Therefore, the points system forced upon the railroad workers does not penalize them for disregarding their schedules, it penalizes them for not making “work-life” simply “work.”

The Strike

As one would expect, this blatant disregard of equitable worker considerations has forced railroad workers to rally together and create various unions. These unions, as was previously mentioned, have been threatening to go on strike until changes are brought forth.

Currently, negotiations are still ongoing. Thankfully, however, the threat of striking seems to be working in favor of the railroad unions. One of the tentative agreements reached between the union and workers, according to Slate, is that “[railroad workers would have] voluntary assigned days off, granting one additional paid day off, allowing workers to attend medical appointments without penalty, and creating exemptions from attendance policies for hospitalizations and surgeries.”

Seeing that these workers are now being allowed to go to the doctor’s office without facing the threat of penalization, this is a definite step in the right direction.

The Future

What the future entails, we know not. However, what we currently do know is that this issue would break just about every other federal law regarding workers’ rights in Italy. While here, in the United States, railroad workers are battling to merely receive days to go to the doctor’s office because of sudden illness, Italians enjoy the privilege of federally mandated vacation days.

Perhaps, as it relates to this manner, the United States could learn from Italy. A federal mandate over workers’ rights in the United States would benefit the entire nation. This mandate would make it federally illegal for employers to overwork their employees and penalize them if they simply wish to go to a funeral. In order to bring this change into effect, everyone needs to be aware of this issue. To most, the rights—or lack thereof—of railroad workers is rather shocking. If this issue were brought to the forefront of the media, more would become aware of it, and more would be willing to advocate and bring change. This is not a local issue, this is a national one and we, as a nation, need to be aware of it.

With acknowledgement of the maltreatment of employees across the nation, as well as advocacy for reforms on federal legislation about employee rights, the United States could become more like Italy and ensure all employees get fair treatment. With acknowledgement and advocacy for change, ensuring that every worker gets basic necessities might not be too far away.

Breakthrough Birmingham

I wanted to include this picture to show just how many people came to work together during the summer to help bridge the academic gaps in the BCS district. — Source: Kala Bhattar; A representation of the many hands that worked together to make Breakthrough’s summer 2022 program a success!

Over the summer, I had the chance to be part of an amazing program, a program that at first, I believed would be a way for me to serve my community, but instead, I found community within. This program, known as Breakthrough Birmingham, is one of many Breakthroughs located in various cities across the country, serving communities with a mission and vision to bridge the academic gap produced by the pandemic and the larger systemic inequalities that exist in educational systems nationwide. Breakthrough is a nonprofit organization that commits to ensuring that all children, regardless of their socioeconomic status, have a chance to pursue higher education and find a passion for learning along the way. They aim to do this while also mentoring future leaders and teachers to be better prepared for their teaching careers and leadership roles. With 24 different locations around the nation, Breakthrough is slowly trying to bridge the opportunity gap in America while retraining future educators to teach through the lens of inclusion, diversity, equity, and anti-racism. Before diving into Breakthrough and its many accomplishments, it is important to understand the purpose that nonprofit organizations like Breakthrough serve in their communities and why they are necessary in the first place.

Background About the American Education System and Breakthrough as a Whole

So, what is a nonprofit organization, and why are they important to have? Nonprofit organizations are created with a specific goal, or mission in mind, which aims to address a specific need in the community. The public sector (the government and its agencies) aims to address the needs of the majority voters, leaving behind many issues that impact minority voters. The private (business) sector, on the other hand, focuses primarily on its bottom line, which is making a profit. As a result, the private sector caters to those who are deemed customers, leaving behind those who cannot afford their goods and services. This is where nonprofit organizations come into play. Nonprofits stick to a vision, form a mission statement, and have a double-bottom line of staying true to their mission while also making a profit to put back into the organization. While they may be focused on a single issue, each nonprofit organization aims to address a particular issue being neglected by the public sector and left behind by the private sector. Nonprofits are – by law – non partisan and non-political. This means they are inclusive in their services and do not deny service based on the ability to pay. Breakthrough is one such organization addressing the shortcomings of our country’s education system, which provides endless opportunities to those who can afford them, and leaves behind the rest with the equivalent of the bare minimum in education.

This of course has to be looked at through a historical framework, and as we know all too well, Birmingham’s educational system has historically been one of the most segregated and underfunded school systems in the nation. Even when the rest of the nation began desegregating their school systems after Brown v. Board of Education was passed, Birmingham was one of those cities that resisted and refused to comply. As Birmingham finally began desegregating, the school systems had to deal with funding issues, and in response, local officials began to redraw district lines to ensure that certain well-to-do (white) families were positioned inside well-funded school districts. A topic that can be a blog in and of itself, because of racially inspired redlining efforts that were supported by the federal government during the 1930s, to this day, the funding that school systems receive is directly impacted by the housing values in America. As a result, students from lower-income households are zoned to attend schools with low funding, while students from higher-income households attend schools with higher funding. Due to the inequalities brought about by this phenomenon, there exists an educational gap between the students from low-income families and those from high-income families, and this opportunity gap further impacts the students’ decision to pursue higher education or not. To get a better understanding of the legacies of racial segregation on our education system, read this article by Nekole Hannah Jones.

While Breakthrough’s mission was a necessity, to begin with, its need has amplified due to the chaotic school years brought about as a result of the pandemic. The COVID-19 pandemic has exacerbated the education gap between low-income students and those who come from high-income families. Many students who didn’t have the resources to access the online modules were neglected as a result of switching to online classrooms. Research showed that by the end of the school year in 2021, many students across the nation were behind on math and reading skills by several months. Additionally, trauma and instability can be discouraging academically and can severely impact the students’ development process.

As such, Breakthrough is an organization that aims to bridge the opportunity gap in vulnerable cities across the nation. After conducting tremendous research and tailoring programs to fit the community’s needs, Breakthrough Birmingham became one of their local branches, serving the Birmingham City Schools (BCS) District and partnering with local universities to empower the future educators of tomorrow with a holistic approach to teaching the next generations. Breakthrough offers year-long academic services to underprivileged scholars in their community, and their summer programs specifically aim to slow the “summer slide,” (which is the tendency of scholars to lose some of their academic skills from the lack of academic practice over the summer). Interestingly, Breakthrough serves a specific age group, mainly middle schoolers, and even employs a specific academic group during the summer, undergraduate students.

Why Middle Schoolers? Why Undergraduate Teaching Fellows?

Wanted to include some images from college trips to showcase how BTB is attempting to increase college attendance among low-income students — Source: Breakthrough Birmingham; A collage of pictures from various college trips that scholars from each grade took as part of their Breakthrough summer experience

Breakthrough as an organization focuses on its middle school age group for many reasons. Middle school can be a very stressful time for a young student, and researchers wanted to understand why. Upon further inspection, scholars at Portland State University found that young adolescents between the ages of 10-15, experience many waves of development during this period of their lives. They develop physically, both externally in terms of height and weight, and internally, in terms of muscular and skeletal structures, but also chemically, in the form of changes in hormone levels. This can lead to a lot of discomfort in body image/self-esteem issues, as well as uncertainty around their sexuality. Additionally, students develop emotionally, meaning that they may need more guidance on processing certain emotions and feelings. Furthermore, students in this age group are developing morally, and as such, are beginning to develop a strong sense of right and wrong. This can have lasting impacts on their ability to ethically judge situations. Students are also developing socially, meaning that they can sometimes be socially awkward until they find a peer group they fit into. While all these developments are taking place, students at this age also undergo developments in their intellect and depending on the guidance they receive, this characteristic can determine their interest in higher learning. This can mean that without proper mentorship, many students will fail to see the importance of higher education, or, students who come from families where they are first-generation scholars, may not even be aware of the opportunities at hand if they are never introduced to them. Recognizing these factors, Breakthrough created a summer program particularly aimed at ensuring middle schoolers in the community can have a safe, fun-filled learning environment that can guide their scholars through the various developments they experience in this age range.

This image was included because it was taken on celebration day, the last day of the summer program — Source: Breakthrough Birmingham; An image to capture the joy felt on celebration day, the last day of the summer program. Pictured here are some BTB admin, along with all the summer teaching fellows, and the high school interns

Additionally, Breakthrough employs undergraduate teaching fellows during their summer program to provide their middle school scholars with mentors who are closer in the age group to the middle schoolers than their traditional teachers at school. This helps scholars build meaningful relationships with teaching fellows, and as such, scholars are more receptive to information and direction. Furthermore, representation is key, and employing undergraduate teaching fellows provides middle schoolers with adults who look like them, and who share commonalities with them. Studies show that there is an overwhelming number of teachers who are predominantly from one particular race, and gender, (white, women) teaching primary education. Seeing someone that looks like them in a teaching position is powerful in encouraging younger scholars to pursue their academic dreams. This includes the fact that throughout history, the teaching occupation has been held by mostly women. Being able to see male teachers can additionally empower young boys to perhaps pursue teaching careers in their future. Finally, Breakthrough ensures that teaching fellows approach the scholars from anti-racism, diversity, equity, and inclusion standpoints, making sure to provide weeks-long training sessions to familiarize teaching fellows with the local history and major concepts of anti-racist teachings, as well as introduce teaching fellows to multiple professional speakers for further guidance on such topics. Teaching fellows are also expected to understand the social, economic, political, and environmental context from which their scholars come, so as to be aware of some of the outside forces at play that influences the scholars’ behaviors. Operating under a “high expectations, high support” system, Breakthrough expects nothing but the best from its teaching fellows, while providing resources and a strong support system to teaching fellows to ensure that no scholar is left behind.

The Three Pillars: Exposure, Relationships, and Growth Exposure

Source: Breakthrough Birmingham; A collective picture of teaching fellows and Breakthrough admin outside the Legacy Museum. In addition to the in-depth training and professional speakers that teaching fellows received, they also got the chance to visit the Legacy Museum in Montgomery, AL, and the Birmingham Civil Rights Institute in downtown Birmingham as part of the exposure pillar

One of the three pillars that Breakthrough Birmingham is founded upon is the pillar of Exposure. This exposure piece applies to scholars and teaching fellows alike, and at times, because of the dynamic of the working environment found at Breakthrough Birmingham, it also applies to the staff and administration as well. During the summer program, scholars are exposed to students that come from various parts of the BCS district and meet as one cohort, sharing similar experiences. Having friends from different backgrounds can expose students to different cultures and lifestyles, and as such, can be a healthy addition to their development. This also fosters a sense of belonging among the Breakthrough community, and as such, encourages a safe environment for the scholars to learn and grow.

Additionally, scholars are exposed to information regarding their future, including preparing for high school, visiting college campuses, and even learning about various career fields and interview etiquette at a career day fair. Scholars are also exposed to the community around them, and learn about topics through an inclusive lens, focusing on equity, diversity, and anti-racism. With daily advisory classes that focus on culture building, elective lessons three days a week that give scholars a chance to explore new areas of interest, and all school and/or all-grade meetings held daily in an attempt to strengthen the newly formed friendships and relationships, every activity at Breakthrough is intentionally crafted to expose scholars and teaching fellows alike to new experiences.

Furthermore, teaching fellows also benefit from this exposure pillar in many ways. Teaching fellows (TFs) are hired from all over America, so TFs are provided with the opportunity to work closely with students that come from various backgrounds, and who share a common work environment. TFs go through various training sessions together, where they are exposed to inspiring community leaders, and get the chance to explore the local community’s history together. The TFs are therefore exposed to different ideas, people, and cultures, and are given the opportunity to form friendships that can last a lifetime. TFs are also exposed to roles of leadership and are expected to work in committees that teach teamwork and communication skills.

Relationships

I included this image to showcase the sense of community that can be found at Breakthrough, especially during the work day — Source: Kala Bhattar; TFs are expected to teach a subject from an academic field, such as reading, writing, science, and math. Each academic field had one-two TFs from each grade, and an Instructional Coach, (or mentor) to guide the process. This was my team; #writingteam

The working environment at Breakthrough fosters a sense of community, as staff and administration work alongside the TFs on a daily basis to ensure the smooth and effective operation of the day. This model emboldens the relationship between TFs, scholars, and staff, and strengthens the sense of trust within the organization. This, in essence, embodies the second pillar of Breakthrough: Relationships. TFs get to build lifelong connections and relationships with each other and the management team. With a healthy work environment that encourages TFs to “exhale from school” and prioritize self-care, Breakthrough is a workplace with high expectations and high support. Scholars are also able to make meaningful relationships with each other as well as with other TFs. Many scholars find lifelong mentors in teaching fellows, and as a result, can have a positive role model to look up to.

I included this image to showcase what breakthrough's summer program means to the scholars — Source: Breakthrough Birmingham; Scholars line up with their TFs before the celebration day events begin. Breakthrough provides a safe space for scholars to develop healthy relationships and find mentorship in their fellow TFs.

Growth

Breakthrough’s third pillar, Growth, provides the results of the hard work exerted by scholars, TFs, and management alike. Breakthrough has some serious results. Not only can scholars improve their academic skills tremendously, but they are also able to weave through various social, emotional, and cultural experiences by learning how to approach situations holistically. These socio-emotional improvements are just as important as the academic ones and can actually have a positive impact on their academic abilities.

From my own experience at Breakthrough Birmingham, my scholars in my writing class were able to improve their writing skills from novice to proficient, and some were even distinguished. This was determined by providing pre-assessments before the start of the summer program and post-assessments towards the end and comparing the results from the two assessments. While many of my eighth-grade scholars came into my class with a bare-minimum understanding of what an essay was, by the time they took their post-assessments almost a month later, they were able to demonstrate their knowledge of the different parts of an essay, were able to write decent thesis statements, and many were even able to craft a standard five paragraph essay, even though they were only required to write three. As for the socio-emotional improvements, I witnessed the scholars growing more confident in their self-image and in their ability to present the knowledge they had gained. I witnessed their improvements in maturity and helped them exercise their patience. Even though the program lasted a month, I could see measurable improvements from my scholars.

I wanted to include this graph to showcase the improvements that I personally saw with my own scholars — Source: Kala Bhattar; In an attempt to measure the growth achieved from the summer program, each academic field was required to collect data on a daily basis to be later analyzed. This was one such form of data collected, in the form of pre and post-assessments for scholars in my writing class. As shown, almost all of my scholars improved at least one grade point, and many of them even showed improvements by 2 points. This was achieved in the short 4-6 week program over the summer

I also witnessed some growth within myself. Breakthrough’s structure emphasizes the importance of reflection, and this is practiced starting from the pre-work that TFs are required to complete as part of the orientation process and continues to the very last day of closing. From daily reflections to interpretations of norms, to admin check-ins periodically, to the end-of-summer presentations of learning, reflection and review are a big part of Breakthrough’s culture. This practice ensures that ideas and actions remain mindful and intentional, and places importance on the growth mindset. TFs can truly see for themselves just how much they have grown over the summer. Also, Breakthrough introduces a network of resources and opportunities for TFs to pursue, including opportunities to be employed by Teach For America for those pursuing a future in education.

How to get involved

This is the image from the final day of the breakthrough summer — Source: Breakthrough Birmingham; An image of all the Breakthrough staff from the summer program, including the director of Breakthrough Birmingham pictured in the front

For those of you who may be interested in the scholar programs at Breakthrough Birmingham, they offer various year-round programs for 7^th-10^th grade scholars, and during the summer, they offer a six-week summer program for rising 7^th, 8^th, and 9^th graders. Additionally, those who want to support the organization can do so through donations, volunteer work, or simply spreading awareness of the program to others who may benefit from a program like Breakthrough, both scholars and teaching fellows alike. The right to an education is one of the fundamental rights outlined in the Universal Declaration of Human Rights, and one that should apply to all children everywhere. Furthermore, education can be a powerful tool for ending oppression. Students’ ability to think critically and ask questions empowers them with the necessary tools to question unlawful or immoral behavior, recognize corruption, lies, and deceit, and provide holistic solutions to complex problems. Without these tools, students will continue to live in poverty and under oppressive conditions, not knowing how to change the world around them for the better.

The Right to Vote And The 2022 Midterms

Though the right to vote was codified as a fundamental human right in Article 21 of the Universal Declaration of Human Rights in the 20th century, voting has been a cornerstone of American democracy since the nation’s founding in 1776 (though it took a while to realize this right for everyone). In order to call itself a representative democracy, the United States must represent its citizens through laws and elected officials, which is executed through free and fair elections with equal access to participating in the voting process. In this article, we will be covering the importance of ensuring voter accessibility, some upcoming voter issues from a human rights standpoint, and, of course, how your vote matters!

Please scroll to the end of this article for information on voter registration, aid in accessing the polls, remote voting options, and how to find your local candidates and docket items.

What are Midterms?

Midterm elections are held in the middle of Presidential terms. In midterm elections, eligible citizens vote for the House and Senate candidates that, if elected, shape national laws and policies. The 2022 midterm elections take place this year on Tuesday, November 8, 2022, and will have a major impact on citizens’ rights on both the state and national level. These elections determine which political party will hold the majority in the houses of Congress for the next two years, which can affect everything from the federal budget to national and international policy. Check the current midterms forecast here to see how the House, Senate, and your state elections are predicted to go.

Each Vote Matters

The most common response I receive when asking why my peers choose not to vote is the thought that, “one vote cannot make a difference”. History disagrees. The 2020 presidential election saw a record voter turnout, with nearly two thirds of all eligible voters (158.4 million people) showing up to the polls. However, midterm elections historically have 10-20% lower voter turnout than presidential elections. For example, the 2018 midterm elections only saw 113 million votes, which is roughly 53% of the eligible voter population; and that was still the highest voter turnout for a midterm election in four decades with a historic average of roughly 40%. That means the elected officials who vote on crucial national policies like minimum wage, education, housing and healthcare are only representative of less than half of Americas eligible voters.

In addition, following the Supreme Court’s decision of Dobbs vs Jackson in June 2022, we have seen a large change in voter demographics as historically conservative states like Kansas, Ohio and Alaska observe spikes in young, female voters and Democrat registrations. On September 13, 2022, Democrat Mary Peltola was sworn in as the first Alaskan Native to be elected as an Alaskan representative in Congress. States that have been dependably Republican for decades are now facing a new population of politically active citizens flocking to all forms of civil engagement in order to change their states, for the present and the future.

The Voter Issues

As we get closer to the midterm elections, it is important that we recognize both the dangers and the potential solutions that could be determined by the vote this upcoming November. Below you will find some of the largest human rights realms that will be affected by the outcome of the midterms.

Voter Issue: Abortion Rights

In the wake of Dobbs v Jackson, the right to elective abortions has become a prioritized and contentious voting issue for the 2022 midterms. Currently, 26 states are likely, planning to, or have already restricted access to elective abortions following Dobbs. The Pew Charitable Trusts used recent data to create the map below:

For the first time in five decades, local and state representatives will now determine whether women and people who can get pregnant in your state will have access to what was considered a nationally protected right under Roe v Wade. Beyond the simple matter of legal access, those elected to your state governments have the ability to further restrict or protect the right to abortion in your state. On the national level, those elected to Congress this November will be voting on policies like the Women’s Health Protection Act; a piece of federal legislature that would protect abortion access nationwide.

While we are still two months away from elections, there are many signals that abortion will be one of the largest voter issues this election season. The very demographic of voter registrations has shifted following the Dobbs decision in June, with a rise in female, young, and Democrat voter registrations nationwide. In Kansas, a state with a long history of voting red (56% of Kansas voters cast their ballots for Donald Trump in 2020), an anti-abortion referendum was struck down by 59% of votes. This is the first time since Dobbs was decided that restrictive abortion legislation was struck down by voters. It was also a clear display of voter participation shifting the partisan norm as a deeply conservative state was met at the polls by voters, impassioned with protecting reproductive rights.

Source: “Vote Earth Tree” by Earth Hour Global is licensed under CC BY-NC-SA 2.0.

Voter Issue: Climate Change

The United Nations passed a resolution in July of 2022 that declares a clean, healthy environment is a universal human right. In addition, the recently passed Inflation Reduction Act plans to tackle both economic and environmental issues by majorly investing in clean energy production and creating jobs in the industry. Unsurprisingly, the Pew Research Center found that energy policy and climate change are two predominant issues voters will consider when casting their votes in November.

Source: Valeriya via Getty Images/iStockphoto

Voter Issue: Healthcare

The right to health is an inclusive right, defined by the United Nations as encompassing accessibility, quality, and availability amongst other qualities. While the aforementioned Inflation Reduction Act plans to lower drug costs for Medicare recipients, America still stands alone as the only developed nation in the world that does not have Universal Healthcare.

With chronic, severe or uncommon conditions, constant full-time employment may be the only way to gain affordable insurance that provides access to vital drugs and treatments. Insulin and Epi-Pens are two life-saving essential drugs that American citizens experience being denied access to because they cannot afford out of pocket costs. A simple ambulance ride can cost upwards of $1,200, an amount many Americans could not pay without incurring debt. With bankruptcy and extreme medical woes being legitimate fears for American citizens without health insurance, it is easy to see why 60% of voters say that healthcare policy is very important to their vote in the midterm elections.

Voter Accessibility And Suppression

Voter suppression, whether passive or active, is a real issue in 2022. It is crucial that we recognize the ways in which voter accessibility is inhibited, especially in the discussion of voter turnout and how that affects who is truly represented in the US Government. Lack of accessibility and excessive voter registration requirements are detrimental to our voter turnout, and contribute to feelings of helplessness and voter apathy.

One of the largest inhibitors of active voters is pure accessibility. The US Justice Department states that, “Title II of the ADA requires state and local governments… ensure that people with disabilities have a full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting”. While some cite mail-in voting as a solution to physically inaccessible polling locations, the DOJ continues to specify that, “Any alternative method of voting must offer voters with disabilities an equally effective opportunity to cast their votes in person,” meaning that simply offering a mail-in vote option is not just insufficient; it is illegal. Despite this, the American Bar Association has found that “persons with disabilities made up one-sixth of eligible voters in the 2016 election, yet only 40 percent of polling places were accessible.” Both persons with disabilities and the older population are greatly impacted by this lack of accessibility.

While accessibility at physical voting locations is a major issue, the voter process begins with voter registration; a procedure that can be incredibly inhibiting. Voter ID requirements are one of the primary obstructions across the board when citizens attempt to register to vote. Burdensome voter identification restrictions are explained as necessary security measures, but their policy outcome is that citizens who are eligible to vote are unable to due to the expensive and time-consuming process necessary to obtain government IDs. While the average percent of eligible voters who lack a government-issued photo ID is roughly 11% per the Brennan Center’s research, that amount is significantly higher amongst minority groups, low-income people (15%), young voters 18-24 (18%) and old voters 64 or above (18%). The highest category though is African-American citizens, who reported a staggering 25% of voting-age citizens without eligible IDs. In a nation with a history of civil rights abuses, institutional racism and voter suppression, modern voter ID laws must be re-evaluated in order to uphold the integrity of the electoral system in America.

Additional voter restriction issues include lack of public transportation to polling sites, deceptive practices, racial and partisan gerrymandering, employers not providing time off, long lines, prolific jailed, previously jailed and ex-felon disenfranchisement. A representative democracy must represent its people, and to do that its people must be able to vote.

Resources:

Please click HERE to register to vote. If you are interested in absentee or mail in voting options, please check out this page where you can speak to an agent if you have any additional questions!
VoteRiders is an amazing nonprofit that helps voters to obtain their necessary documentations, and can help provide rides to the DMV to obtain photo IDs and rides to the polls through their volunteer service! Their organization will also cover any fees necessary in the ID process, so please check them out if their resources would be helpful to you or if you are interested in volunteering with them! You can also reach their help line at 888-338-8743
Rock the Vote provides helpful information on voting in your state, walks you through the registration process and provides helpful reminders for upcoming voter deadlines!
To learn more about voter suppression or to join the fight against voter ID restrictions and voter suppression nationwide, please check out the ACLU and the Brennan Center today!
Find the forecast for your State’s midterm election results here