civil rights – Page 2 – UAB Institute for Human Rights Blog

The Consequences of Overturning Roe v. Wade

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So, Where Do We Go From Here?

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

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

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

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

India’s UAPA: A Crackdown on Indian Activists

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

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

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

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

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

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

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

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

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

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

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

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

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

International Day of Persons with Disabilities: Disability Rights Successes in South Asia

The image shows a man with a prosthetic leg sitting on the ground. In his hand is a volleyball, on which he is writing something with a marker. — “Disabled men play volleyball” by World Bank Photo Collection is licensed under CC BY-NC-ND 2.0.

December 3^rd marked the International Day of Persons with Disabilities – a day to raise awareness of disability rights, the benefits of inclusion, and the challenges society poses for individuals with disabilities. The theme for this year is “Leadership and participation of persons with disabilities toward an inclusive, accessible and sustainable post-COVID-19 world.” In honor of this occasion, we wanted to highlight a few of the many instances in recent times where strides have been made in inclusion and accessibility. This post will focus on the progress made in south Asia, while the post by Danah Dib will speak to the achievements that have been made in the Middle East. There have been numerous successes in the efforts to push disability rights forward in south Asia, particularly in the spheres of politics, health, and education.

Political Rights

Efforts to secure the political and civil rights of individuals with disabilities in south Asia passed a milestone in 2015. The “South Asia Regional Disability Rights Dialogue on Political Participation” convened for the first time in October of 2015, bringing together over 80 representatives from disabled people’s organizations and election management bodies across south Asia. The conference aimed to advocate for increased access to elections for people with disabilities by providing recommendations to the Forum for South Asian Election Management Bodies (FEMBoSA) during its annual conference. After three days of deliberation and advocacy work, the participants in the South Asia Regional Disability Rights Dialogue on Political Participation produced a nine-point charter on disability inclusion in elections and managed to get the Columbo Resolution modified to include language that was inclusive of people with disability. The Columbo Resolution was the culminating document of the conference, setting forth the Forum’s priorities and commitments for the future. In the same document, FEMBoSA also resolved to develop appropriate standards to ensure that people with disabilities are included in elections.

Numerous changes occurred in the wake of this resolution, in part due to continued advocacy by disabled people’s organizations in implementing the recommendations. Smitha Sadasivan, a member of the Disability Rights Alliance India, described the work of the organization in the implementation process in the state of Tamil Nadu, India: “Persons with intellectual and psychosocial disabilities were enrolled in electoral rolls after the Colombo Declaration”. Numerous additional steps were taken, starting with the appointment of officers specifically responsible for disability inclusion. Electors with disabilities were mapped, and reasonable accommodations were identified. Inclusive voter educational material was developed, and election officers and volunteers were trained on inclusive practices. In 2016, the Election Commission of Sri Lanka included a unit regarding disability in its strategic, four-year plan, with the intent to research barriers to inclusion and increase the participation of people with disabilities. These changes are key steps in ensuring that individuals with disabilities are afforded their civic liberties and can take part in shaping their community.

The image shows a stethoscope placed on a surface covered by cloth. The length of the stethoscope is coiled. — India has made progress in improving clinical care for individuals with disabilities by reforming medical education. Source: Unsplash

Rights to Health and Healthcare

A second important development for disability rights takes us from the polling booths to hospital clinics. The impacts of healthcare providers holding negative attitudes towards disability, and a lack of knowledge on appropriate communication, is well documented. It not only impacts the doctor-patient relationship and decreases quality of care, but also results in individuals with disability utilizing healthcare services less frequently. It goes without saying that this contributes to worsened health outcomes for those who are disabled. In recent times, the Medical Council of India has taken steps to bridge this deficiency in clinical care. Starting from August 2019, medical schools in India are required to conduct a month-long training on disability rights that covers culturally appropriate communication and optimum clinical care for people with disabilities. This change came after numerous disability rights advocates, and doctors with disabilities, raised their voice regarding the lack of disability related competencies in the new medical curriculum designed by the Medical Council of India in 2018. Spearheading these efforts was Dr.Satendra Singh of the University College of Medical Science in Delhi University.

Collaborating closely with people with disabilities and educators across the country, Dr.Singh and his colleagues developed 27 disability competencies based on the human rights approach to disability, as enshrined in the UN Convention on Rights of People with Disabilities. While more can be done to make education on disability rights increasingly comprehensive and immersive, such as inclusion of experiential learning where medical students spend time with individuals with disabilities outside of the hospital, these actions are undoubtedly a much-needed step in the right direction. India, like many other countries, also faces challenges in increasing medical student diversity in terms of disability – significant, structural barriers still exist for competent medical school applicants with disabilities. Disability rights advocates like Dr.Singh continue to challenge inaccurate and negative stereotypes regarding the abilities of individuals with disabilities, hoping to further improve medical care and education for people with disabilities.

The Rising Sun Education and Welfare Society of Lahore, Pakistan, has trained numerous athletes with developmental disabilities who went on to win international competitions like the Special Olympics. “SPECIAL OLYMPICS EUROPEAN SUMMER GAMES 2014” by Special Olympics Oesterreich is licensed under CC0 1.0.

The Role of Non-Governmental Organizations

Another area of development is the not-for-profit sector, organizations that are working at the grassroot level to offer support to individuals with disabilities and to help implement and further systemic policy changes. An example of such an organization is the Rising Sun Education and Welfare Society in Lahore, Pakistan, which aims to encourage the independence of individuals with disabilities through education and training. One noteworthy aspect of the organization is their training in sports. Sports training is offered as a way to develop capabilities and life skills of individuals with disabilities and to allow them to compete at the highest level in international competitions like the Special Olympics. Over the years, athletes from the organization have won 91 medals in numerous events across the world. The organization also provides vocational training in cooking through their “Special Chef” program – individuals who participated in the program went on to not only work for the Education and Welfare Society, but also join other organizations as chefs and start their own business ventures. Lastly, another crucial role the organization plays is in raising awareness amongst parents regarding the support services available to their children with disabilities. These efforts attempt to combat the stigma surrounding disability and promote the inclusion of individuals with disabilities as equal members of society.

Future Directions

Despite these accomplishments, there is a lot more work that needs to be done. A study by Paul Chaney of Cardiff University revealed that ableism is still pervasive in Indian society. Educational programs for individuals with disabilities are not funded adequately, and private schools often ignore the minimum supports for students with disabilities as required by the law. Individuals with disabilities in rural areas are particularly disadvantaged in terms of educational opportunities, leading to much higher likelihood of unemployment and poverty. Concerns continue regarding the accessibility of the healthcare system for people with disabilities. Still, efforts are being made to combat forced institutionalization and forced sterilization of individuals with disabilities, issues which compound at the intersection of gender discrimination.

The successes discussed in here are just a few examples of the change created by the disability rights movement across the world and the driving force behind it: namely, the advocates who work tirelessly to push society forward in its inclusion of individuals with disabilities. Although more progress is yet to be made, these testimonies give us hope that transformational change can occur, however gradually it may come about. This is our letter of gratitude to those who continue to work to ensure the equitable and rightful treatment of individuals with disabilities and our call to action to all others.

Injustice in the Justice System: Disability, Schools, and Incarceration

The image depicts rows of wooden benches in a well-lit classroom. — The image depicts a school classroom. The experience of individuals with disability in schools often contributes to their disproportionate incarceration. Source: Unsplash

Freddie Gray was killed as he was being transported in a police vehicle because the police did not take appropriate safety measures. Gray’s encounter with the police undoubtedly involved racial biases held by the officers due to their perceptions of African American men. However, another aspect of Gray’s identity, which lead to him being disproportionately impacted long before his encounter with the police, played a role in his untimely demise at the hands of an unfair system. Gray had a developmental disability as a result of growing up in a house with lead paint, which meant he was unable to understand multi-step instructions. This, however, was not identified early enough for Gray to receive accommodations in school. Due to this lack of support, Gray had a difficult time in school, ultimately leading to suspensions and dropping out of high school. Since then, Gray came in contact with the criminal justice system multiple times. Gray’s story displays the complex, intersectional impact of various factors that lead to an individual being disadvantaged by our society, including race, socio-economic status, and disability. Moreover, it displays how lack of appropriate identification and accommodation for students with disabilities increases their likelihood of entering the school-to-prison pipeline.

My previous post investigated accessibility of the criminal justice system to people with disabilities. This article will focus on the factors that lead to individuals with disabilities being incarcerated at a disproportionate rate, with a special focus on individuals with intellectual and developmental disabilities. This disproportionately impacts children and individuals with developmental disabilities, both through the school-to-prison pipeline and through either exploiting or ignoring them in proceedings.

The School-to-Prison Pipeline for Individuals with Disabilities

It has been shown that dropping out of high school increases the likelihood of a child encountering the criminal justice system. This tendency is reflected in the prison and jail population as well. A paper by Respect Ability on disability and criminal justice reform reported that high school completion rates amongst incarcerated individuals is low – two-thirds of people in state prisons and seven out of ten people in jail have not completed high school. The literacy rates of incarcerated individuals also demonstrate the connection between education and incarceration. The National Assessment of Adult Literacy Survey, carried out by the U.S. Department of Education in 2003, reported that prison inmates had lower literacy rates than their counterparts that have not been incarcerated. While disparities found in the survey have decreased since the 1990’s, there were significant differences in literacy.

This relation between educational attainment and incarceration means that people with disabilities, who have a lower high school graduation rate than their peers who are not disabled, are at disproportionate risk of being incarcerated. While 84.6% of individuals without disability graduate high school in 2019, only 67.1% of students with disabilities graduate high school. The cause of this may be three-fold. Individuals with disabilities are not always provided accommodations to allow them flourish in the classroom. While 1 in 5 children differ in their learning abilities, with conditions like dyslexia or ADHD, only 1 in 16 children have IEPs, which are plans to provide accommodations and supplemental instruction. They also do not always receive a diagnosis that allows them to get accommodations in classes. This disproportionately impacts girls with developmental disabilities. For example, autism spectrum disorder is less likely to be identified in women than in men due to lack of knowledge about differences in presentation in males and females. This issue intersects with race as well – individuals in minority communities may find it particularly difficult to get a diagnosis. Moreover, people with disability are twice as likely to receive an out of school suspension as people without disabilities, and students who are suspended are more likely to drop out of school. Male African American and Latino students with disabilities have the highest suspension rates, once again showing how intersectionality leads to a more severe worsening of outcomes.

The image shows coiled, barbed wire on top of metal fences found in prisons. There is a partly cloudy sky in the background. — “Prison security system” by x1klima is licensed under CC BY-ND 2.0.

People with Intellectual and Developmental Disorders

People with intellectual and developmental disorders (IDD) are further disadvantaged in the criminal justice system due to multiple reasons, often leading to the person with the disability being ignored or coerced in proceedings. One of the foundational issues is that people with intellectual and developmental disorders are not appropriately identified. The determination of whether an individual has an IDD varies by state, with a judge making the decision in some states and a jury in others. One commonality, however, is that the evaluators chosen to assess the status of developmental or intellectual disability are often not qualified to do so. They lack a nuanced understanding of the conditions they are to assess – for example, they are not aware that people with IDD sometimes deny their disability. In the Hall v. Florida case, the supreme court made the important ruling that individuals cannot be diagnosed solely based on the results of an IQ test, but more needs to be done to ensure IDD is accurately identified. False stereotypes about the abilities of individuals with disabilities systematized through unqualified evaluators often means people with disabilities do not receive the full protections offered to them by the law.

However, an accurate determination alone is insufficient to guarantee that the rights of people with IDD are upheld in the criminal justice system. During the judicial proceedings, individuals with IDD may be coerced or left out completely, both of which are problematic. Individuals with IDD may be forced or manipulated into making false admissions of guilt, at times due to their desire to please the questioner. Individuals with IDD may also waive their rights, such as when the Miranda warnings are read out by police officers, without fully understanding their privileges because the information was not presented in a comprehensible manner. The inappropriate assessment discussed in the previous paragraph also applies to deeming individuals with IDD competent to stand trial when they do not have an understanding of the proceedings. This offers further opportunities for individuals with IDD to be exploited. On the other hand, individuals with disabilities are left out of proceedings when they are capable of participating and when their testimonial is crucial. The silencing of competent individuals with disabilities is particularly detrimental when they are the victims of crime, who are seeking justice.

People with IDD are denied opportunities for redress due to stereotyped views of their disability, leading to higher likelihood of incarceration. They are also denied opportunities to correct the behaviors that lead to incarceration because they are not allowed alternatives to incarceration, such as rehabilitation. Once incarcerated, individuals with IDD cannot make use of the same opportunities to reduce their sentencing, as the process for doing so is not communicated in an understandable way. The American Association on Intellectual and Developmental Disabilities advocates for the full participation of individuals with IDD in proceedings, as well as the provision of accommodations that allows them to do so. They also recommend that an advocate specialized in disability be present at all times, in addition to the person’s lawyer, to bring a better understanding of the condition to the proceedings and ensure that the rights of the individual with IDD are upheld.

Fortunately, advocates are working to secure the rights of people with disabilities and ensure fair treatment in the judicial system. The Alabama Disability Advocates Program is one of 57 federally mandates protection and advocacy (P&A) programs which provide legal services and representation for people with disabilities. However, systemic efforts need to be taken to correct currently existing, crucial shortcomings like inadequate methods of identifying disability in courtrooms and schools. Accurate identification of disability and provision of accommodations is crucial in a society where schools are not doing enough to set all students up for success and the criminal justice system does not enforce the protections that people with IDD are entitled to. As mentioned in my previous article on the criminal justice system, it is possible, and necessary, for all of us to create change in this space by contacting local legislators and making our priorities as constituents clear to those who represent us.

The History of Policing in the US and Its Impact on Americans Today

Feature Picture — Several policemen in riot gear spray the camera crew walking by with a fire hose. Source: Yahoo Images

Policing in America has a long history, one that dates back to the founding of this country. Although it has always been a controversial issue, the recent instances of police brutality that have come to light along with the increasing momentum behind the Black Lives Matter movement have forced it back into the social and political limelight. The differences in beliefs are influenced by popular political outlets and political activists on both sides of the spectrum. However, when examining the history and the facts surrounding the creation and implementation of the policing system in the US, it is clear that policing also shares a racially biased history.

The History of Policing in America

The history of policing can be traced back to the days of slavery in colonial America. In the South, where slavery was central to the economy, slave patrols, responsible for capturing runaway slaves and returning them to their masters, was the first unofficial police in America. Considering how slavery itself was one of the most egregious treatments of mankind in human history, slave patrols were especially cruel in the ways they captured runaway slaves and punished them for their daring escapes. Slave rebellions were a constant threat to the economic status quo of the southern plantation owners, and slave patrols ensured that these owners were able to intimidate and punish any insurgencies or revolts. In return, these wealthy plantation owners protected the interests of the slave catchers. As a result, this practice created a social hierarchy between the wealthy landowners at the top, the slave patrols separating the wealthy from the poor, and the slaves who were at the bottom of this hierarchy.

To show that the history of policing as slave patrol is a known fact — A crowd of protesters advocating for the end of police brutality. One of the women in the crowd holds a that reads, “US police began as slave patrol.” Source: Yahoo Images

These slave patrols slowly morphed into policing units in charge of breaking up insurgencies that began to rise in the aftermath of the Civil War. When the Civil War ended, many colonists, especially Southerners, felt threatened by the population of freed African Americans, arguing that they would disrupt the social order. As a result, African American communities experienced an increase in violence committed against them in the form of police brutality. The Reconstruction Era, which came immediately after the Civil War, was a racially charged environment, as the newly freed citizens attempted to live peacefully amongst their oppressors.

During the Reconstruction Era, cruelty was the policing style, and protecting the economic interests of the wealthy proved very beneficial to these units. Police were used as a way to provide a sense of security for the white communities, keeping the black communities intimidated and segregated from the white population. Additionally, reconstructing the South after the war would require a lot of free labor, and much of the reconstruction that took place was achieved through the enforced hard labor of the newly freed populace, who were shortly enslaved again, this time through the prison system.

Known as the Jim Crow laws, a number of legislations were passed in an attempt to keep the black and white communities segregated, and racist policies were put in place to target and imprison people of color. In part due to the loophole in the thirteenth amendment, which abolished slavery except as a form of punishment, policing centered around rounding up and arresting African Americans for violating the racist Jim Crow Laws, denying them their fundamental rights as human beings. Racism was still rampant in the South and was especially tolerated under the prison system. Ironically, the loophole provided by the thirteenth amendment gave rise to today’s prison industrial complex.

These racist policies were further encouraged by the passing of the “separate but equal” verdict by the Supreme Court in the Plessy v. Ferguson case, and they continued to target African Americans for simply existing. The Plessy v. Ferguson case argued that as long as both white communities and black communities were able to have access to the same resources, they could remain segregated. The verdict only emboldened and encouraged policing to incorporate racism into lawful practice. Unfortunately, this legal segregation lasted almost a hundred years, until the passage of the Civil Rights Act in 1964.

Continuing their roles of breaking up insurgencies, policing during the Civil Rights Movement centered around riot control. As the Civil Rights Movement took place, inspiring hundreds of people to come together to demand justice, police were on the frontline of the opposing end, protecting the economic interests of America at the expense of human beings. Police used water hoses, police dogs, tear gas, and other crowd control measures to break up protests and peaceful sit-ins. The police would also brutally beat up and bruise the peaceful protesters, while others were incarcerated for daring to protest for their civil rights.

Policing since then has evolved to incorporate discriminatory practices, such as the “stop and frisk” policy – which empowers police to stop and search someone without a warrant if they have a reason to believe that individuals are doing something wrong – or the practice of racial profiling individuals to “fit” the description of a suspect the police can then target. Along with these practices, the war on drugs further aggravated the situation, granting the police the power to detain drug users by racially targeting people of color, and further enabling discrimination and harassment of marginalized communities. Today, the discrimination that is present in policies like stop and frisk, and racial profiling; and the war on drugs upholds the social hierarchy created during the times of slavery. These unethical policies continue to bolster the wealth and income inequality between wealthy communities and marginalized communities.

Additionally, the Revolving Door Phenomenon continues the historical practice of sabotaging marginalized communities. The Revolving Door Phenomenon refers to the fact that even after prisoners have served their time and get released, many of them end up back in prison. This is largely due to the many difficulties they face upon re-entering society, like finding employment, finding housing, securing transportation, and not being able to vote and be represented, to name a few. They can also face homelessness, and as a result, become victims of police brutality. Unfortunately, police brutality is still rampant to this day with no accountability of the police. The Black Lives Matter Movement, which became a worldwide phenomenon during the summer of 2020, is attempting to bring an end to police brutality and the violent murders of unarmed African Americans committed by the police.

Police Brutality and Rise of the Black Lives Matter Movement

To show how popular the movement has become — Black Lives Matter protest in downtown Los Angeles. July 1st, 2020; Source: Yahoo Images

The Black Lives Matter protests began in response to the murder of Trayvon Martin, a 17-year-old African American boy that was murdered by a White man on Neighborhood Watch. The man, George Zimmerman, was acquitted, facing no form of accountability for his actions. The hashtag movement gained further popularity when Michael Brown was murdered by a White officer, and yet again, no one faced any charges for the killing of a Black man. The Black Lives Matter movement encouraged people to record and report any instances of police brutality they witness, and soon, hundreds of civilians reported such instances on social media.

The murder of George Floyd was caught on camera, and this recording enraged the public. As a result, the Black Lives Matter Movement expanded nationwide, and over the years, has become a worldwide phenomenon. This movement brought attention to the frequent instances in which innocent African Americans were brutally murdered by the police. An NPR investigation revealed that since 2015, there have been 135 instances in which the police have murdered unarmed African Americans. They also found that of these 135 instances, 75% of the time, the officers were White. Another source places the total number of people who have died at the hands of police as high as 1,126, and that’s just in 2020. They allege that 96% of those deaths were a result of being shot. Reprehensibly, these instances continue to occur, as people such as Tameer Rice, Bryanna Taylor, Ahmed Aubrey, Jamarion Robinson, Ronald Greene, and too many more have continued to face cruelty at the hands of the police.

Especially jarring is the cruel way in which Ronald Greene was murdered. The brutal death of Ronald Greene, an African American man who was beaten and shocked to death by a group of police officers, has been under investigation since 2019. The police falsely testified that he had died in a car crash, but body camera videos show the extent to which the police viciously killed Greene as he begged them to stop. Additional reports came back on Greene’s autopsy that further discredit the claims of the police that Greene sustained fatal injuries due to a car crash. Heartbreakingly, this is yet another instance of police brutality that was allowed to occur.

To show just a few of the names of the people who have been victims to police brutality — Among a group of protesters, one activist holds a sign with the names of Eric Garner, Mike Brown, and Tamir Rice, three of the well-known victims of police brutality. Source: Yahoo Images

Accountability

One of the main reasons why police brutality continues to take place is due to the fact that the police face no real consequences for their actions. As has been the case too many times, police are reported to be found in compromising situations, leading to the inhumane treatment and in many instances, death of innocent people. Following those reports of human rights violations, it has also become common-place to find that those officers accused of brutality rarely get charged or punished for their behavior. They are generally held accountable only due to public outcry. Unfortunately, even then, accountability comes in the form of simply getting transferred to a different department. Too many instances over the past decade have highlighted the dangers of a militant police force without proper policies in place that hold responsible those that abuse the law. Policing leads to a power dynamic between communities and authorities, and in the wrong hands, without the proper measures of liability in place, can lead to an abuse of powers and people alike. As a result of the racial history that plagues America, the relationship between the police and marginalized communities is one that is (understandably), very fragile and filled with distrust.

Reform or abolish?

Many people have proposed policies to reform the police system in America. This can get pretty complicated, as police departments all across the country follow different rules and regulations and are state-funded entities. This can mean that implementation and enforcement of regulations can be a difficult task, requiring different entities for each state. Furthermore, there is not much data collected on policing misconducts, and the available data can be biased or lacking details. Additionally, many of the acts of police brutality are explained away using legal powers vested in the police, such as the ability to use force while conducting an arrest. The vague language of the policy allows the police to use excessive force and justify their actions in court. Moreover, police unions hold a tremendous amount of political power and influence and protect their officers from facing any real accountability. Even the attempts at limiting qualified immunity, (which protects government officials from civil lawsuits) have gotten nowhere, as the George Floyd Justice in Policing Act of 2020 has yet to be passed in the Senate.

An info graph that showcases some of the misuses of the police budget and supports calls to defund the police. — An info graph that depicts some of the data that supports defunding the police. Source: Yahoo Images

As a result, cries to abolish the police have increased since the Black Live Matter protests of summer 2020. While police may be effective in situations where a crime has occurred, the abolitionists of today argue that police only complicate things in some instances, including interactions with people of color or when approaching people with mental illnesses or disabilities. Without being educated on systemic racism and the role of the police or having the proper training to care for people with mental or physical disabilities respectively, the police can make things worse, even if they are attempting to de-escalate the situation. The abolitionist approach is to restructure the entire policing system in order to divide the undertaking of community safety and security into various different institutions that are tasked with protecting the human rights of individuals. This enables the option of having other agencies in place aimed at solving community issues and nurturing a relationship with people within the community, making it more accessible and reliable for the community members to ask for assistance. Doing so could eliminate the oppressive climate brought on by the social hierarchy that has been ever-present in policing throughout American history. By reshaping society and its structures, we can ensure that the needs of the people in society are met, while preserving their fundamental human rights.

The Death Penalty is Inhumane

One of the best things that my 12th grade high school teacher encouraged me to do was to read and watch Just Mercy, a book written by Bryan Stevenson and a film directed by Destin Daniel Cretton. Both the film and book allowed me to greater understand the importance of confronting injustice, while also standing up for those wrongly convicted.

In the United States, about 43% of all executions have involved people of color, 55% currently awaiting the death penalty, all while only accounting for 27% of the general population. When comparing defendants, one fact to note is that “as of October 2002, 12 people have been executed where the defendant was white and the murder victim black, compared with 178 black defendants executed for murders with white victims.” According to the ACLU, “a system racial bias in the application of the death penalty exists at both the state and federal level.”

But what exactly is the death penalty? What are the different forms of capital punishment and arguments for and against them?

What exactly is capital punishment?

Britannica defines capital punishment as the “execution of an offender sentenced to death after conviction by a court of law of a criminal offense,” meaning that this type of punishment would be reserved for the most dangerous of criminals.

The death penalty has been present in societies for hundreds of centuries, dating all the way back to before the establishment of Hammurabi’s Code in 18th century BC. Hammurabi’s Code laid the foundation of the death penalty for 25 different crimes; placing emphasis on theft between two groups of people. Hammurabi’s Code also established punishment as equal to the crime committed, as known from historical references as “an eye for an eye, and a tooth for a tooth.” These types of punishments were often cruel and included crucifixion, burial alive, impalement, and others.

Notable forms of Capital Punishment throughout History and Today

The Guillotine

The Guillotine, one of the older methods of execution, was introduced in France in 1792. This device fixes the head between two logs with a heavily weighted knife suspended a couple of feet in the air. This method of execution was introduced to make the process of execution “by means of a machine,” making it “as painless as possible.”

Notable figures executed by means of the guillotine as King Louis XVI and Marie-Antoinette for crimes against the French people.

Hanging

Carried out in countries in Asia, North Africa, and the Middle East, hanging is defined as suspending someone in the air as a form of execution. Death either occurs through decapitation or through strangulation, depending on the length of the rope compared to the weight of the prisoner.

Lethal Injection

Lethal Injection consists of an anesthetic alongside chemicals used to paralyze the prisoner and stop the heart. This form of punishment exists in China and Vietnam.

Surprisingly, the United States also uses the lethal injection, with the most recent execution taking place on September 24th, 2020. “Christopher Vialva was sentenced to death for the 1999 murders of Todd and Stacie Bagley.” Vialva’s execution was the 1,526th in the United States since 1976, 10th in the federal system, and the 1,346th person executed by means of lethal injection.

Although the injection is designed to kill ‘quickly’ and ‘smoothly,’ inexperience on the part of prison staff has flawed the execution process. One case in particular is that of Dennis McGuire. Reports show that after the injection was administered to Dennis McGuire, he gasped and convulsed for 10 minutes; much longer than the time that previous injections have taken to execute someone, before dying.

Electrocution

Execution by electrocution occurs when a prisoner is strapped to an electric char with a “metal skullcap-shaped electrode” attached to their scalp or forehead. Following these actions, the prisoner receives a jolt of electricity up to 2000 volts for up t o30 seconds, until the prisoner is dead.

Electrocution is a method of execution carried out in the United States, with the first electrocution taking place at Auburn Prison in New York against someone who was convicted of murdering “with an axe.”

Why the Continuation of the Death Penalty Creates a Gray Area

Today, “more than 70% of the world’s countries have abolished capital punishment.” Countries today that still have the death penalty range from countries with large populations under authoritarian rule, with the United States being the outlier as the only democracy with it in place.

An image of the world map highlighting countries that have abolished and retained the death penalty as of 2006. — Death Penalty Laws Over The World 2006.

According to the Embassy of the United States of America, capital punishment still exists due to the inability of the federal government to dictate laws to the states. Although the United States has been one of the foremost leaders in reforming capital punishment, other countries have had an easier time in abolishing it by “national governments imposing top-down reform because they decided the death penalty was no longer necessary or legitimate.” And since the Constitution allocates criminal law to the states, only they can repeal their own capital punishment laws. The Supreme Court is the only national-level body capable of declaring capital punishment unconstitutional.

Around the world, many consider implementing the death penalty a violation of human rights, especially those that require states to recognize the right to life, as shown through Article 3 of the Universal Declaration of Human Rights: “Life is a Human Right.” Although intended to curb violent crimes and atrocities committed by criminals, the loss of life through the death penalty violates “the right of life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment,” which the death penalty unfortunately promotes.

Although many international organizations and countries have abolished the death penalty, like many countries of the Global North save the United States, a case can arise where the death penalty is justified, shown through Bangladesh’s approval of the death penalty for rape. With a viral video showing a group of men sexually assaulting a woman, Bangladesh’s cabinet quickly approved “to incorporate the death penalty for all of the four types of rape defined under Bangladeshi law.” Though detracting from the real problem, that rapists are normal people and not animals, the passage of the death penalty seems just, since there has been a violent outrage at the lack of enforcement on sexual violence in this part of the world.

Moral arguments for the death penalty put quite simply, is the concept of retribution, where the killing of one person justifies the death of the killer. However, opponents of this notion would counteract that point with the fact that issuing capital punishment detracts from the moral message it conveys, alongside the fact that it is fundamentally inhumane.

Despite these arguments, the inhumane action that is the death penalty cannot go unchecked. With the death of Dennis McGuire, for instance, these processes are not clean and fraught with mistakes leading to the disgusting and horrific death of inmates.

“The death penalty has no place in the 21st century” – António Guterres

Overall, the “death penalty is not a useful instrument for combating crime.” Abolishing the death penalty in the United States can allow other countries to ensure the right to life for all people, while also ensuring that the absolute worst of punishments cannot be enforced differently based on a person’s status, color, race, or underlying distinctions.

“The death penalty is the ultimate cruel, inhuman and degrading punishment.” – Amnesty International

Farm to Table: The World’s Largest Protest in India

Farmers Protests

In November 2020, India saw the largest protest in world history with tens of thousands of farmers and more than 250 million people standing in solidarity. For the past six months, India’s farmers have been protesting and striking against three agricultural bills that were passed last September. Until recently, the government has refused to listen to the demands of farmers and agricultural unions, and instead met them with force and police brutality. On January 26, India’s Republic Day, tensions between the government and the protestors heightened. This led to peaceful protests turning violent when the farmers that were hosting a rally in India’s capital, Delhi, stormed the city’s Red Fort. Here they were met with police that were armed with tear gas, batons, and assault rifles; as a result of this violence approximately 300 police officers were injured, one protestor died, more than 200 protestors and eight journalists were detained. Violence on this day, subsequent suppression of the press by the government, and internet cuts and shutdowns in areas surrounding protests led to activists like Rihanna, Greta Thunberg, and Meena Harris using their platforms to call global attention and aid to the situation.

What led us here?

In September, India’s Parliament passed three agricultural bills that loosened the rules around the sale, pricing, and storage of farm produce with the support of Prime Minister Modi. Modi and the government claim that these pieces of legislation will benefit the farmers as they will have more control and freedom of trade over their produce; these laws allow online and interstate trading, enable farmers and buyers to enter exclusive contracts, and finally limit the government’s ability to regulate these products. The farmers, however, disagree. They argue that this deregulation will allow corporate buyers and private companies to drive down the prices and exploit the sellers due to increased competition in supply. This, compounded with the bill that involves the removal of government imposed minimum prices, is detrimental to the health and livelihood of the farmers and their families. India already suffers from record numbers of farmers suicides, and there is increased fear that these new bills further drive this suicide epidemic. The number of these deaths are thought to increase even more after these bills are passes and reach an all-time high.

Indian farmers protest in December 2020. Image via Wikimedia Commons by Randeep Maddoke. — Source: Randeep Maddoke (globalvoices.org)

What do the farmers want?

The farmers are demanding a complete repeal of the three bills that were passed in fear of corporate exploitation. They say they were already struggling to make ends meets under the protection of the government, but now with an open market with minimal regulatory support, the farmers are afraid that they won’t be able to survive and will be in poverty (if they weren’t already). In turn, the government has failed to address these demands until recently, but now allude to possible compromises, albeit unsatisfactory attempts in the eyes of the farmers.

More recently, however, India’s Supreme Court has suspended these bills in early January, and has ordered a committee to look into the grievances of the farmers and the lack of negotiations on behalf of both the protestors and the government. Chief Justice Bobde released a statement saying, “These are matters of life and death. We are concerned with laws. We are concerned with lives and property of people affected by the agitation. We are trying to solve the problem in the best way. One of the powers we have is to suspend the legislation.”

Farmer unions addressed that they would not participate in any committee processes, as the committee members have previously shown bias to how the agricultural bills were pro-farmer (when they were not). The farmers said they continue with their protests and planned to hold a rally in Delhi on India’s Republic Day on January 26 unless the laws were repealed in the meantime. The Supreme Court’s decision is both a gift and a curse. One on hand, the Court has been widely favorable to Modi’s agenda and policies in the past so this decision is a setback to the Prime Minister, but on the other hand, this decision to suspend the law allows the government to wrestle its way out of negotiations with the farmers without appearing to do so.

Farmers joined in sit-in protests near the capital. 5 December 2020. Image via Wikimedia Commons by Randeep Maddoke. CC0 Public Domain. — Source: Randeep Maddoke (globalvoices.org)

What’s going on now

As of January 20, the government has said that they are willing to suspend the new legislation for up to 18 months to two years, but the farmers have rejected this as it does not meet their demands. The government requested the protesting farmers design a proposal regarding their objections and suggestions to the laws to bring to their next table of negotiations. What’s interesting is that the supporters of the agri-legislations claim that the farmers do not understand the laws which the farmers refute and claim that these laws do not support their labor suggesting the real issue is “over the rights and treatment of agricultural workers.”

Following the violence and brutality on Republic Day, internet shutdowns and cuts by the Ministry of Home Affairs, as well as suppression of the press, individuals and protestors as they clash with the police has been rampant in areas surrounding Delhi. These blackouts should’ve been lifted by now, but protest organizers have said that in some areas the internet was still not working leading to concerns over democracy. While the Indian government argues that this shutdown is necessary to “for public safety” and to curb “the spread of misinformation,” people’s right to expression and communication is being actively and purposefully hindered. As a human rights crisis, the economy suffers, the press struggles to get the news out, children are not receiving the best resources at education their schools have to offer, and those who need emergency services are not getting it or the aid is greatly delayed.

India is the world’s most populous democracy, but it is also a world leader in internet shutdowns. This is not the first time this has happened. The Indian government imposed a blackout in Indian controlled Kashmir after the removal of Kashmir’s autonomy in 2019 as well as another shutdown in areas of New Delhi after protests regarding a controversial and discriminatory citizenship law against Muslims. As the world’s most populous democracy, it’s incredibly concerning to see the suppression of press freedom under the guise of public safety. With no further days set to talk about negotiations in light of recent events, there seems to be no end in sight for these protests. As the new farming season begins in March, farmers may choose to hold on to their demands as a show of strength and unity instead of going back home, and it might be the final domino needed to trigger systemic change in agricultural labor.

How can you help?

Donate to Khalsa Aid and Sahaita.org
Until recently, media in the U.S. has been quiet regarding the protests. Educate and share information about the largest protest we’ve seen, as well as on agri-workers rights and treatment.

“On the Pursuit of Equity” – An Event Recap

On Tuesday, January 19, the Institute for Human Rights at UAB welcomed Ajanet Rountree, UAB Alumna and Ph.D. student at George Mason University, to our first Social Justice Café of the new year. As part of the King Week activities coordinated by the Office of Diversity, Equity and Inclusion, Ajanet hosted a discussion on “Dr. King’s Perception of Equity”, where she led participants in a conversation about several lesser-known but very important excerpts from Dr. King’s writings.

Dr. King is often misquoted and a large portion of his speeches and writings are excluded when discussing the rich complexity that exists within Dr. King’s work. Ajanet was meticulous in her selection of excerpts from Dr. King’s sermons, interviews, and literary works to be discussed during the Social Justice Café.

In response to Dr. King’s notion that “The real problem is that through our scientific genius we’ve made of the world a neighborhood, but through our moral and spiritual genius we’ve failed to make of it a brotherhood.”Ajanet asked participants to evaluate how they define and establish brotherhood within their personal lives. During the initial discussion participants were also asked to think about the things they value and surprisingly, none of the participants seemed to list brotherhood as one of their primary values. Ajanet then directed participants back to the original quote and reiterated that Dr. King was a staunch advocate of brotherhood. He believed without brotherhood the American people will not be able to truly unify and heal.

Moving forward, Ajanet shifted the focus of the conversation to Dr. King’s views on freedom. Ajanet asked participants to articulate their definition of freedom and how those definitions fit within current American culture. At this point in the conversation, Ajanet introduced Dr. King’s interpretation of freedom in America and the reality that there exists two separate Americas. Dr. King said, “This other America has a daily ugliness about it that constantly transforms the buoyancy of hope into the fatigue of despair.” While discussing the existence of two Americas, participants began to discuss the events that took place at the United States Capitol on January 6, 2021. Ajanet concurred that the attack on the United States Capital was an exact dramatization of the existence of two Americas.

The lack of unity, understanding, and brotherhood that Dr. King warned about has caused a widening of a major subdivide within American culture. Ajanet used the words of Dr. King to express the importance of pushing legislation that protects the lives and rights of minority citizens. According to Dr. King, “The law cannot make a man love me, it can restrain him from lynching me.” Sadly, the presence of love for one’s brother and safety often do not exist within the same space.

The final topic of dissection within the Social Justice Café was how the participants can engage in dismantling the asymmetry that exists within America. The discussion began with Ajanet displaying two questions: “What will it take for whites to relinquish power?” and “Is that an aspect of personal freedom and collective justice?” The conversation around the second question was interestingly skewed amongst the participants. Some felt the dismantling of American asymmetry is a personal responsibility of the individual and should not be addressed through the lens of collective justice. Ajanet concluded by offering some final sentiments, namely that when examining the thoughts of Dr. King, it is imperative that we understand that Dr. King fully supported the unification of the American people, and that Dr. King envisioned a harmonious society built with equity and justice.

Thank you Ajanet and thank you to everyone who participated in this stimulating discussion. The next Social Justice Cafe will take place on Tuesday, February 2 at 4:00PM (CT), and we will be discussing Biden’s human rights agenda. Please join us next time and bring a friend!

To see more upcoming events hosted by the Institute for Human Rights at UAB, please visit our events page here.

Poland’s Rise in Populism

In 2015, the Law and Justice Party (PiS) became the majority in the Polish Parliament alongside the presidency for the first time since 2007. The Law and Justice Party is a right-winged populist party that has faced ongoing controversy and scandals since its formation in 2001. The Law and Justice Party began as a center-right party with an emphasis on Christianity. The party began forming coalitions with far-right parties in 2007, which positioned its ideology closer towards nationalism and populism. During the last few years support dwindled for the PiS; however, their messages calling for family unity and Christian values have appealed to deeply religious sectors of the country. A country that is trending towards nationalism and populism risks violating the rights of those that the nation deems as “other”. By establishing a national identity, particularly around religion, they are also establishing those that do not belong to the national identity. This carries the risk of isolating and ostracizing individuals.

The Close Relationship Between Religion and Government

The Polish identity is tied very closely to Catholic beliefs and practices. Around 87% of Polish people identify as Roman Catholic. In Poland Catholic values are taught in public schools , over ⅓ of Polish citizens attend church regularly, and the Polish government has an intense working relationship with the Catholic Church. Public ceremonies are often held with the blessings of priests, and church officials often act as a lobby group having access to large amounts of public funding. Priests in the countryside of Poland often campaign for members of the more conservative party who support legislation that aligns with the ideals of the Catholic Church. This close relationship is criticized because of the archaic and often divisive legislation that the Church tends to support. The Catholic Church’s alignment with the government will inevitably ostracize those who are not Catholic as well as those who live their life in a way that the Catholic Church condemns. The issue is at a governmental level, this allows for discriminatory policy to be passed.

President Duda and the 2020 Elections

The support of the Catholic Church was paramount in the Law and Justice Party candidate winning the 2020 Presidential election. President Duda, the PiS candidate, narrowly won re-election after a very divisive campaign against the progressive Mayor of Warsaw. President Duda exploited negative rhetoric citing LGBT ideology as being more destructive than Communism. Poland’s history of Union of Soviet Socialist Republics (USSR) occupation accompanied with this rhetoric led to the success of President Duda in the 2020 Presidential election. PiS members and Catholic Clergymen asserted LGBT values as being in opposition to family values and sought to associate the LGBT community with pedophilia. President Duda’s narrow win ignited mass unrest spreading throughout Polish cities as progressives viewed his win as a step back for LGBT rights in Eastern Europe.

President Duda of Poland meets with President Trump of the United States (Source: Creative Commons)

LGBTQ Free Zones

Anti-LGBTQ rhetoric did not begin in the 2020 Polish elections. Over 100 towns and regions around Poland have declared themselves LGBTQ Free Zones since 2018. These declarations are largely symbolic; however, they have further divided the country and suppressed the LGBT community. LGBTQ free resolutions have been pushed by the Catholic Church and politicians across Poland. Protests against these zones have resulted in mass countermarches of right-wing Poles that have ended in violence. The LGBTQ community has continued to face oppression from their government and these zones just serve as a way to further disenfranchise them.

“Stop Financing LGBT+” Sign hanging outside a building in Warsaw (Source: Creative Commons)

Access to Abortion

Along with the anti-LGBT legislation, Poland’s Supreme Court recently ruled in favor of strict regulation of abortion. Poland previously had regulations only allowing abortion access to victims of rape, incest, preservation of the mother’s life, and if the baby has fetal defects. Legal battles erupted in 2019 by the Law and Justice Party to ban abortions in the event of fetal defect. Judges nominated by PiS members ruled in favor of a ban of all abortions due to fetal defects, which account for approximately 98% of all Polish abortions. The decision led to outcry across Poland inspiring protests in almost every major city.

What is the future of Poland?

The future of Poland is unknown, and it is clear the Polish government has become increasingly populist and nationalistic. Public figures are using rhetoric that divides the general population from “western elites” and activists within their country that seek to strive towards more encompassing human rights. Polish activists are fearful of future legislation that will further violate human rights. International human rights activists, the United Nations (UN) and European Union (EU) have all attempted to pressure Parliament to pass legislation showing outward support of the LGBTQ community. Polish officials responded claiming LGBTQ people have equal rights in the country and organizations should instead focus energy on Christian discrimination taking place internationally. As part of the international community, we can demonstrate our support for the people of Poland by staying up to date on what is happening there. It is also important to create dialogue around the issues in Poland which can include everything from social media posts to organizing events that bring awareness to the situation.

Fires and COVID-19 Race Through Lesvos Migrant Camp

“We are asking for the European community to help. Why are they not listening to us? Where are the human rights? We took refuge in the European Union but where are they? There are no toilets, no showers, no water. Nothing. Not any security or safety. We die here every day.”

Devastation in Moria

On the night of September 8^th, 2020, fires raged through Europe’s largest migrant camp in Moria, Lesvos in Greece. It is home to more than 13,000 people which is 6x its capacity. Recently, Moria has caused deep political divisions and unrest in Europe over Mediterranean migration. Moria serves a direct transit point for hundreds of thousands of people seeking refuge from Afghanistan and Syria with the European Union. After Europe started closing its borders and putting a quota on the number of immigrants 4 years ago, life in Moria began to be plagued by mental and physical health issues and desperation. What was originally a temporary camp, became the home of deplorable conditions for people who were running from another deplorable environment.

On the night of the fires, thousands of Moria residents were displaced and are currently being refused entry into Europe, being refused basic rights to shelter and safety, being refused access to proper shelter and sanitation, and being refused their human rights. Since fleeing the fires, the refugees have resorted to sleeping on fields and the sides of roads. Thousands of migrants are now demanding more permanent housing because their situation is so out of the norm and they just want to feel safe in one environment, but their cries for help are continuing to go unheard. The Greek government has taken positive steps to build a more permanent migrant camp, but this leaves little to no hope for refugees seeking a better life outside of Lesvos.

This picture shows the a part of the residential area of the Moria camp where proper housing is severely limited and lacking along with our necessities. Source: Marianna Karakoukali

While accounts of how the fires started are currently being investigated the Greek government is claiming to have identified the culprits. Rumors of how the fires started are illustrative of ethnic and political tensions on Lesvos. The refugee migrants are tired of their poor living circumstances and the local population is upset with lack of regional, national, and international support for managing the influx of migrants and refugees on the island. While a second civil rights movement is happening not only in the United States, but all around the world, racial and ethnic tensions are high. Many refugees feel the European Union is turning its back on them. The European Union is becoming less tolerant for migrants and refugees, when it had once promised to help.

So how is COVID-19 affecting Moria?

Earlier this year, Greece went into lockdown and put travel restrictions on tourists coming in and residents going out. At the beginning of September, there was a small outbreak among the residents at the Moria camp, and human rights advocates are concerned that the Greek government is using this outbreak as an opportunity to further constrain the lives and freedoms of the migrants. The Greek minister for migration; Mitarchi, released a statement saying that the outbreak suggests need for a more “closed and controlled” environment for the migrants. This is odd considering that Moria has experienced far fewer cases than the rest of Greece, but the restrictions placed over the lives in Moria were much higher in comparison. In the Spring, the United Nations was so overwhelmed and concerned with livelihood and the living conditions at Moria that they called to expedite the migration process and related paperwork. So along with the day to day living conditions at Moria, COVID-19 and readily available access to healthcare is making life harder for the migrants. The fires may have been set in retaliation against the newer COVID-19 restrictions by the migrants or they might’ve been set by the local residents who fear the spread of COVID from the camp.

What is going on now?

In the meantime, while the Greek government is talking to French and Italian national leaders, riot police have been deployed to both the site where fires have been set, and also to the new refugee camp that is being set up to shelter those abandoned in Moria. This new site is at Kara Tepe where local media has identified helicopters that have been transporting tents and other necessities for the residents. In the fires, refugee documentation and belongings have been lost and burned, so it is still being determined how accessible the new site at Kara Tepe will be. Many refugees are now saying that they will not go back to another refugee camp where proper living conditions are not guaranteed, but the Greek government is saying that it will “not be blackmailed.”

Refugees sleep on side of the road following the fires, while they await further government housing and instructions. Source: Tasnim News Agency

What can you do to help?

Tweet European Leaders
Donate to grassroots organizations: Kitrinos, Movement on the Ground, Refugee4Refugees
Follow Choose Love Help Refugees organization on Instagram for other resources