Part Three: The Different Approaches to Disabilities and the Future of Disability Rights

An image of a woman with disability in a sunflower field with a banner that reads, "nothing about us without us!"

This blog is part three of the conversation around disability rights, especially as it applies to children within the American school system. If you have not read the first two blogs in this series, I suggest you do so. The first blog focused on the historical view of disability and the American school system’s approach to children with disabilities. The second part mainly focused on the struggles that children with disabilities face within the school system, and how these struggles have been exacerbated due to the recent pandemic. This final part will focus on some of the approaches that have been taken in the past to address people with disabilities, and how they differ from a human rights approach. We will also examine how we can help on various levels, whether we want to focus on our personal abilities or advocate for a larger movement.

The Rights of Children with Disabilities

What rights are protected?

An image depicting five children holding signs that read, "the right to be heard", "the right to a childhood," "the right to be educated," "the right to be healthy," and "the right to be treated fairly."
Source: Yahoo Images

Much of what we have established in modern society in terms of children’s rights comes from decades of struggles, from implementing child labor laws to fighting for the right to an education. Similarly, the fight to pass the Americans with Disabilities Act (ADA) was one sure way to protect individuals with disabilities from discrimination. These rights and more are protected under the United Nations, both in terms of people with disabilities, (Convention on the Rights of Persons with Disabilities, CRPD), and with children’s rights (Convention on the Rights of the Child, CRC). Yet, these developments have only occurred in recent years; the ADA and the CRC were passed in America and the UN respectively, in 1990, and the CRPD was not adopted internationally until 2006.

The ADA, passed in the United States, protected the rights of people with disabilities from being discriminated against in all aspects of society. This was the first major legislation that protected people with disabilities from being denied employment, discriminated against in places of business, or even denied housing. In addition to these protections, the ADA required industries to be inclusive of those with disabilities through (among other things) taking measures such as building ramps and elevators for easy access to upper-level floors and building housing units with people with disabilities in mind. While America had passed the Individuals with Disabilities Education Act or IDEA (originally passed in 1975, and renamed in 1990) by this time, the initial form of this legislation allowed schools to place certain students with disabilities in special programs for no more than 45 days at a time. It was not until its improved form was passed in 2004 that provided the necessary financial and social infrastructure for its successful implementation.

The passage of the CRC, which applies to all individuals under the age of 18, focuses on non-discrimination, the right to life, survival and development, the State’s responsibility to ensure that the child’s best interests are being pursued, including ensuring that the child has adequate parental guidance. Additionally, it focuses on the child’s right to free expression, free thought, freedom to preserve their identity, protection from being abused or neglected, adequate healthcare and education, and includes certain protections the State is required to offer the children, including protection from trafficking, child labor, and torture. Article 23 of this Convention specifically focuses on the rights of children with disabilities, adding that these children have the right to the care, education, and training they need to lead a life of fulfillment and dignity. It also stresses the responsibility of the State to ensure that children with disabilities can live a life of independence and protect them from being socially isolated. Even though the UN passed this Convention in 2004, America is the only nation that has yet to ratify this treaty. This is why certain realities continue to exist, such as what is happening in Illinois.

Finally, we have the CRPD, which entered into force in 2008, only 15 years ago. Influenced by the ADA, the Convention on the Rights of Persons with Disabilities was passed to ensure that people with disabilities were fully protected under the law, including from discrimination, with the ability to function as fully pontificating citizens of their societies, with equal opportunities and the right to accessibility in order for them to lead a life with the dignity and respect afforded to their able-bodied counterparts. This convention had massive support and draws from both a human rights focus and an international development focus. What makes this convention unique is the implementation and monitoring abilities embedded within the treaty itself, and it includes non-traditional actors from communities (usually those with disabilities) with specific roles in charge of monitoring the implementation of this treaty. Unfortunately, the United States, while Obama signed the treaty and passed it to the Senate for their approval in 2009, has yet to fully ratify the CRPD treaty as well.

Some Approaches to Disability Rights

Upon understanding the various nuances of this conversation, we can now explore the three different approaches to defining disability in society. These approaches examine the issues that people with disabilities face and provide models influenced by differing fields of expertise. Many within society view disability as a medical issue and their solutions to the struggles faced by people with disabilities are medically focused. Similarly, others believe that disability is an issue of how society is structured, and their proposals for solving these issues lie within the realms of reshaping society to be more accessible to people with disabilities. Still, another approach built upon the foundations of human rights, focuses on the individual first, and the disability as an extension of their individuality. We will explore these three approaches and their pros and cons.

Approach 1: Medical Model of Disability

An infographic depicting what the medical model of disability stands for. At the center is an individual with arrows pointing to them to place the full responsibility of being disabled on the individual itself.
Source: Yahoo Images

            As mentioned above, some people view disability as a medical issue, and this approach can be categorized as the medical model of disability. This means that they believe that the “problem” of disability belongs to the individual experiencing it and that disability comes from the direct impairment of the person. The focus of this approach is to look for medical “cures” for disability, which can only be provided by medical “experts” based on the specific diagnosis. While it may be true that individuals with disabilities require medical help from time to time, their entire existence does not revolve around this notion of viewing disability as an illness. The focus here is to “fix” the person with disabilities, so they can become “normal” again. This approach also makes use of the “special needs” rhetoric, which can result in the isolation and marginalization of people with disabilities.  Media plays a big part in portraying people with disabilities as weak or ashamed of their disability, which can invoke fear or pity for people with disabilities within the larger society.

Approach 2: Social Model of Disability

A cartoon image to represent the social model of disability. In the image, there are many circular characters attempting to enter a square entrance, and cannot fit in. The gatekeeper informs them to change in order to fit into the system, and they reply back that the system could be changed instead to accommodate them.
Source: Yahoo Images

            Another approach that has been proposed is what is known as the Social Model of Disability. In this approach, the “problem” of disability is seen as a result of the physical and social barriers within society that exclude people with disabilities from fully participating in their society. Disability is seen as a political and social issue, and the goal of this model is to be more inclusive and recognize the prevalence of disability within our societies. This means looking closely at the ableist social institutions and infrastructures present within society and attempting to address these manmade challenges posed by people with disabilities. This model recognizes the social stigma around disabilities and recognizes people with disabilities as differently abled rather than viewing them as incapable of living an independent lifestyle. This approach places individuals with disabilities on a spectrum rather than the two categories of disabled and able-bodied. The goal of this approach is to be socially inclusive of all individuals, regardless of their disabilities.

Approach 3: The Human Rights Model of Disability

An image depicting various individuals with the saying, "Nothing about us, without us, is for us" around them.
Source: Yahoo Images

Finally, there is the Human Rights Model of Disability, which builds upon the foundations laid out by the Social Model of Disability and the Universal Declaration of Human Rights (UDHR). In this approach, the focus is on viewing the individual with a disability as a human first, recognizing that disability is a natural part of humanity that has existed as long as humans have been around. While it shares a lot of similarities with the social model, the human rights approach emphasizes not only the right of every individual to be treated equally before the law but also stresses that a person’s impairment should not be used as an excuse for denying them rights. This is essentially what the CRPD centers around, and the main goal of this approach is to ensure that people with disabilities have equal opportunities and protect their right to fully participate in society, politically, civilly, socially, culturally, and economically.

How Can We Help?

A cartoon image with EQUAL on the top, and many characters lined up with shirts that have individual letters on them that spell out "RIGHTS" below it. Below them is the phrase, "human beings are born free and equal - Universal Declaration of Human Rights 1947" on the bottom of the image.
Source: Yahoo Images

On the Internation Level

While the United Nations has a convention that focuses on protecting children’s rights, it is highly debated whether these treaties are being enforced around the world. Child labor is still common in various places around the world, including right here in Alabama. While it can be argued that the US has not ratified the treaty and that is why the UN cannot do anything about this issue, there are other places that have ratified the treaty that still places children in dangerous working conditions and face no real repercussions from these decisions from the UN. In 2019, many tech companies were sued for their use of child labor in other countries to mine the precious minerals they require to produce their devices. Many textile companies within the fashion industry use child labor in nations that have ratified the children’s rights treaty. While the United Nations is trying its best to protect and promote the rights of vulnerable communities, it has not been able to enforce these treaties and regulations, and as a result, atrocities against those vulnerable communities, (including children), continue to occur. How can we as human beings, ensure that all children are protected from harm, not just those able-bodied, living in wealthier nations? This is something that needs to be addressed, and it requires the cooperation of many different nations willing to put their differences aside and work together to find a solution.

On the Domestic Level

As we explored in the human rights model of disability rights, it is the responsibility of society to provide equal access to all its citizens. This includes its citizens who have disabilities, and not doing so would discriminate against those who have disabilities and violate the Americans with Disabilities Act. This means that both on a national and local level, our infrastructure needs to be updated with an inclusive mindset that makes the roads safer and more accessible to all the citizens using them. As a state, Alabama could not only fix the infrastructure, but also pass bills to ensure that people with disabilities receive the care they need, including employment opportunities, medical assistance, food assistance, and any financial help they may require. Furthermore, on a national level, the police (or another department focused on social work) can be better trained to recognize the various disabilities, both visible and invisible, so people with disabilities are not wrongfully imprisoned for “behavioral” issues. This training would help erode the school-to-prison pipeline that has replaced disciplinary standards in American schools and make way for a brighter future for children with disabilities. Finally, the United States can, at the bare minimum, ratify the Convention on the Rights of the Child, signed into existence in 1990 by member states of the United Nation. As we mentioned earlier, the United States is the only nation in the world that has yet to ratify this treaty.

On the Individual Level

We can all be more mindful of our actions and our ableist mindsets. Next time you walk down the street, pay attention to the roads and sidewalks. Are there any sidewalks for people with disabilities to use safely? Are there curb cuts, and are those curb cuts freely accessible or are they blocked? How accessible are public buildings such as restaurants, storefronts, or even the DMV? Are there enough parking spots allotted to people with disabilities, and are those spots easily accessible, or blocked off by other vehicles? Thinking outside of an ableist mind frame is the first step toward being more inclusive of people with disabilities. It might seem like a powerless and pointless step to take, but the more you start to notice the ableist structures within society, the more you will want to speak up about these issues the next time you have the opportunity. You will also be more mindful of your own ableist actions and how they may have unintended consequences. If you are a parent, you have the ability to question your school’s practices concerning children with disabilities and offer support to the children and their parents. As an individual, you can also contact your representatives to pass legislation that would empower people with disabilities to live independently. As a society, we need to get past the stigmatization of this group and normalize disability being an innate part of being human.

 

 

The American Education System and The Treatment of Disabilities in America: A History

An image with characters with various disabilities holding hands forming a circle around the words, "Diversity, Difference, Disability".
Image 1 – Source: Yahoo Images;

Even though 1 in 6 people around the world experience disabilities, they are often among the forgotten groups within our society. While people with disabilities today are living under better conditions than their ancestors, there is still a lot of progress needed to be had to ensure that people with disabilities can lead a life of dignity and independence, free from the stigma and failures of society’s ableist mindset. In this two-part blog, we will focus specifically on children with disabilities within the American education system, but before that, it is necessary to frame the historical context surrounding the American education system, and how disability in America has been treated as a whole. As a result, part one of this series will focus on setting the historical context, exploring the American Education System as well as the treatment of people with disabilities throughout American history. The second part of this series will focus on exploring the contemporary issues faced by children with disabilities and their families within the American Education System and learn about a human rights framework for disability rights.

History of America’s Education System

The Unequal Distribution of Knowledge

An image depicting young children posing in front of the heavy machinery they worked with inside the textile mills.
Image 2 – Source: Yahoo Images

Since the founding of this country is rooted in capitalism, patriarchy, and white supremacy, many groups of people have been historically denied access to education. Traditionally, children from poor backgrounds were expected to help their families on the farm or work in their family businesses to make ends meet. As the industrial revolution took hold, child labor transferred from the farms to the factories, and many industries, such as the textile industry preferred to employ children to exploit their minuscule features. The petite features of the children came into use when they were needed to get into tight spots, or when operating machinery that required smaller extremities. Child labor in America was not outlawed until 1938, meaning that many children from poor families were illiterate and disadvantaged in comparison with children from wealthier families, who could afford to educate their children instead.

In addition to the absence of child labor laws, the patriarchal structure of American society deemed it more important for boys and men to be educated than their female counterparts. While poor families were denied access to education on the whole, even among wealthier families, the education of boys was prioritized over educating women. Women were expected to be homemakers and child-bearers in the private sphere, and the public sphere was reserved for their male counterparts. Many women were denied access to education, were not permitted to participate in politics and were limited to feminine jobs (such as teaching, nursing, and domestic work) when they did participate economically in the larger society. It was not until the 19th century that women were given more flexibility in their pursuit of higher education. Of course, not all women shared the same experiences, and white women were better able to receive education than women from other races, and as expressed earlier, wealthier women had more opportunities to educate themselves than did women living in poverty.

Furthermore, the foundations of white supremacy upon which America was built denied people of color access to education. Education provides the key to empowerment, and the status quo did not want to empower those they deemed to be inferior. Due to the hierarchical nature of this supremacist mindset, people from different groups were “dealt with” in different manners. For immigrants, access to education depended on their country of origin. Some immigrants, such as those from Asian countries, were barred from receiving education in America until the 1880s and were instead used for hard labor, like constructing railroads. European immigrants, on the other hand, were well-received by many in America, (with the exception of the Irish), and were granted many of the rights shared by American citizens at the time. There was however, a difference in treatment between the Old immigrants, (which were members from wealthier backgrounds with skills and education levels from the Southern and Eastern parts of Europe that came to America in the early 1800s), and the New immigrants (who were mostly impoverished, unskilled laborers from Western and Northern Europe who migrated to America in the late 1800s).

In addition to immigrants, the indigenous population of America also received access to education with a different approach. In an attempt to force them to forget their rich cultural histories and erase the cultural differences between the indigenous population and the larger (White) American society, children from different tribes were kidnapped and forced into boarding schools where they would learn to be assimilated into the American culture. Indigenous children were punished for speaking their language, engaging in their cultural practices, or even wearing cultural clothing (whether it was casually or for cultural practices). This is one of the reasons that today when people appropriate Native American culture (and attire), it can be very insulting, as they were punished for practicing their culture and wearing their traditional clothing.

An image with two side-by-side photos of the same three indigenous children before and after being forced into boarding school to be assimilated.
Image 3 – Source: Yahoo Images;

Furthermore, during the enslavement of African Americans, who were deemed to be on the lowest level on this racial hierarchy, access to literacy was denied to them and outlawed, making it punishable by law for African Americans to be literate. This law was another way in which racist leaders of the time maintained control over the enslaved population. Following this period, there were many racist laws and social barriers to education for African Americans over time, and it was not until the famous passage of the ruling in Brown v. Board of Education that African Americans were given the right to equal education. With all that being said, there is still an ongoing struggle to bring equity, inclusion, and diversity into the American education system.

There can be a whole blog dedicated to the housing market, its impacts on funding for the local schools, and how this influences the level of education the children within those districts experience. As mentioned in previous blogs on similar topics, this funding practice tied to the housing market is, yet another way racism has seeped into American institutions. Transforming the American Education system into a more inclusive one will be a difficult fight ahead, as cries against teachings with an anti-racist approach are molding the current curriculum within the education system today.

The Historical Struggle to Secure the Right to Education for People with Disabilities

A black and white image depicting young children with disabilities outside of their school, with a sign that reads, "School Days at Eastwood, 1949."
Image 4 – Source: Yahoo Images

This exclusive approach to education also historically denied access to disabled individuals as well. American society has been structured with an ableist mindset, and people with disabilities have been stigmatized and marginalized by the larger society. In the past, many states prevented children with disabilities from attending school, choosing to place them in state institutions instead. Some wealthier families with disabled children could afford to home-school them, but the rest of the children with disabilities within society were not given that opportunity.

Even after education was required for all children, many states refused to provide accommodations for their students with disabilities, and the responsibility of securing access and mobility was placed on the children and their families, rather than the state. Judith Heumann, a well-known disability rights activist, was denied entry to her elementary school during the 1950s because the school district deemed her a “fire hazard” for being mobility impaired and having to use a wheelchair. It was not until the passage of the Education for All Handicapped Children Act (EHC; later known as the Individuals with Disabilities Act or IDEA) in 1975 that educational rights were protected for groups in need, including children with disabilities. While education access was protected under this law, the passage of the Americans with Disabilities Act (ADA) in 1990 was needed to ensure that people with disabilities are protected from discrimination in all aspects of society.

The Horrific History of Disability in America

How were People with Disabilities Viewed in the Past, and how has that changed today?

An image depicting a man who is audio-visually impaired, being held down as a priest performs an exorcism on him to "free" him from the demons possessing his body. This was a popularly held belief about people with disabilities.
Image 5 – Source: Yahoo Images; An image depicting a man who is audio-visually impaired, being held down as a priest performs an exorcism on him to “free” him from the demons possessing his body. This was a popularly held belief about people with disabilities.

Understanding the historical context behind the American education system is only one part of this conversation. Outlining the lens through which disability is viewed today, and in the past, is necessary to comprehend the treatment of children with disabilities within the American education system. Today, people with disabilities are viewed in four ways. For one, following the traditional views of disability, most people with disabilities are simply ignored by society, both as a population, as well as systemically. You can see this is the case by simply looking at some of the ableist framings of our infrastructure. Needless to say, being an invisible group within society comes with its own challenges.

Another common way society approaches people with disabilities is to view them as the “super-crip” (which is extremely insulting) and look at their achievements as “inspirational.” People who believe this highlight people with disabilities in a supernatural sense, similar to how many African Americans were portrayed as supernatural beings with superhuman strength and abilities. This troupe was not helpful to the African American community then, and it is not helpful to people with disabilities today. Some may argue that this troupe seems to be a positive outlook of the group, but upon closer inspection, it is important to recognize the stress and burden of success this places on people with disabilities to feel accepted by society. It also encourages the mindset that these people who achieve extraordinary things are superhuman and that their achievements are highlighted because there is a general conception that this is abnormal for the group. Additionally, for a person with disabilities, it can be insulting and demeaning to hear the phrase, “if a person with a disability can achieve this, so can you!”

Another tactless way in which people with disabilities are regarded, as inferior to the rest of the population. Many able-bodied individuals either view them as a burden to society or simply objects to be pitied. This can have the impact of treating people with disabilities as second-class citizens and making them feel as if they are lacking in some way or another. Those who show pity toward people with disabilities may have good intentions, but their actions treat people with disabilities as victims of fate, rather than with dignity and humanity.

Finally, some people within society treat people with disabilities as if they have undergone a tragic event (whatever led to their disability), and people require “saving” or “treatment” to be “cured” of their ailments. This too is not the case. People with disabilities adapt to living their lives with their disabilities, and they don’t require anyone to “save” them from their disabilities. This is extremely insulting and rude to even think that, and it has the same connotations as would a “white-savior complex” within the context of race. The underlying belief in both of these situations is that the person doing the “saving” believes that the person that needs to be “saved” cannot do this for themselves and that they require the help of the “savior”.

While it is important to understand the contemporary views of people with disabilities, it is equally relevant to familiarize ourselves with the ways in which people with disabilities have been treated in America in the past. Until the 19th century, people with disabilities were separated from participating with the rest of the larger society. During colonial times in America, people with disabilities were treated in a similar light as the Salem witches, either burned or hanged. Others viewed disability as a sign of God’s disapproval of the colonists, and people with disabilities were treated as though they were possessed. Still, others felt that people with disabilities were a disgrace to their family and their community, and many were shunned from their homes. The larger society lumped criminals, poor people, mentally ill people, and people with disabilities under the same roof, labeling them as outsiders. This practice evolved into the many horror stories that we may be familiar with today regarding asylums and their treatment of their patients. An important note: as it is with other American institutions, racism, and sexism disproportionately impact the lives of people of color and women within these institutions, and this translates into how they are perceived and treated by the larger society as well. This remains true for people with disabilities with identities that are not aligned with the patriarchal, white society.

The mistreatment and abuse of people with disabilities within asylums

An image depicting an asylum, where people with disabilities were forcibly committed. In this image, there is a bed, and a wheelchair in the room big enough for one person, but many facilities were not as fortunately funded or furnished.
Image 6 – Source: Yahoo Images; An image depicting an asylum, where people with disabilities were forcibly committed. In this image, there is a bed, and a wheelchair in the room big enough for one person, but many facilities were not as fortunately funded or furnished.

People with disabilities, along with other vulnerable groups that were stigmatized by society, were pushed into asylums. These were large “hospitals” stocked with medical equipment and personnel in which the goal was to provide care and treatment for the patients that resided within these asylums. The reason I placed hospitals in quotations is that many of these asylums were simply places to house all the people society did not want. These patients were experimented on, abused, neglected, and had almost no rights to defend themselves. Some patients that were from wealthy families were able to be treated at home, but others that came from meager backgrounds were not as fortunate. Many of the staff working within these institutions were unsympathetic towards their patients, feeling burdened by their very existence. Many people (within the institution and outside in the larger society) believed that people with mental illness and people with disabilities were “acting out” on purpose, to make life harder for those “upstanding” citizens of society. Many of the patients were misdiagnosed, and the institutions went from trying to care for the patients to “cure” the patients of their disabilities. The stigmatization of these groups within the asylums meant that their needs and wants were ignored. In addition to that, because it did not require a professional recommendation from a medical practitioner to admit patients into the asylums, many people were wrongly admitted to these institutions (because of personal grudges or disapproval of their behavior) for years without the right to defend and protect themselves.

Of course, it is not wise to lump every institution together and generalize about their treatment of their patients. While some were genuinely trying to take care of their wards and research ways to help “cure” them, others were less sympathetic to the plights of people with disabilities, both visible and invisible. For one, similar to the issues that American prisons face today, asylums were overcrowded, understaffed, and underfunded. This meant that each individual residing within the institutions was not given the personal care they required, and instead, they were all lumped into groups to receive generalized treatments. This was problematic in so many ways, but the most obvious is that disability takes many shapes and forms, and each individual had different needs that had to be met. Approaching a group of people with disabilities with generalized treatments meant that the doctors and nurses never took time to understand the details of each person’s disability, much less how best to approach them. As a matter of fact, because many believed disabilities to be a spiritual problem (a person being possessed by the devil), early “treatments” for mental illnesses and disabilities came in the form of exorcisms. When medical professionals finally were able to understand that this was a bodily illness, not a spiritual one, they then proceeded to conduct various experiments on the patients without having any knowledge of how to treat their patients. This is where the tortures began.

An image of a patient bound with straps, a barrier in his mouth, and hooked up to an instrument that administered electroshock therapy. This "treatment" and others were used upon patients within the sanatariums to "cure" individuals with disabilities.
Image 7 – Source: Yahoo Images

Medical personnel proposed many treatments to “cure” people with disabilities, including inhumane procedures that involved drilling holes into the patient’s skull in an attempt to bleed out the disease in question. While it is easy to judge in retrospect, in the beginning, many of the doctors truly believed that they were “curing” their patients with the various treatments they provided them, even as many recognized the inhumane nature of their treatments.

Other various treatments were administered to the patients, which can be defined as abusive and torturous today. Many women with disabilities were abused sexually, both by other patients and their caregivers. In addition to these incidents, many states (through the support of the law) practiced forced sterilization of disabled individuals in these institutions. The justification for this practice was expressed as cleansing humanity of these various illnesses and disabilities. Inspired by the American practice of eugenics, Nazi Germany expanded upon this practice to include everyone that did not fit their description of the “Aryan” race. To this day, America has not acknowledged this practice, and forced sterilization continues to be legal in the United States because of a Supreme Court ruling in 1927. The case in question, Buck v. Bell maintained that the sterilization of Carrie Buck (a woman who was raped and accused of “feeblemindedness”) was not in violation of the Constitution. This ruling permitted the forced sterilization of thousands of people with disabilities and other traits deemed “unwanted” by the general public. While the Supreme Court has outlawed forced sterilization as a form of punishment, it has never overturned its ruling made in Buck v. Bell. As a result, this practice is technically still supported within the legal framework.

With very little funding, the living conditions within the institutions also proved to be dangerous. The asylum itself was built to be uncomfortable because there was a belief that comfortable living would encourage patients to stay there forever. This meant that there was poor insulation, keeping the buildings cold. Due to the shortage of staff, many patients were restrained or locked up, while others were neglected altogether. These conditions, along with the “treatments” they received, exacerbated the patients’ conditions and were detrimental to their mental and physical health. Finally, as a result of society’s exclusion of this vulnerable population, many people outside of the institutions were not aware of what was taking place within. The patients inside these asylums were all but forgotten, invisible to the rest of society.

Deinstitutionalization

An image of a patient in a mental institution being dragged out by two staff members.
Image 8 – Source: Yahoo Images; When the institutions closed without much warning, many of the patients were left stranded to fend for themselves with no help from the government.

In an attempt to expose these terrible conditions to the larger society, journalists and activists spread accounts about the conditions within the asylums. Many were able to do this by investigating these institutions firsthand, and images (and videos) of the ill-treatment of the patients began circulating. As people started learning about the horrific conditions in which their loved ones were being kept in, the asylums faced a lot of backlashes. Amid all the backlash, in 1946, President Truman passed the National Mental Health Act to begin research on neurological issues. It would not be until 1955, however, that things changed drastically for those suffering from mental illnesses. Thorazine, a psychoactive medication that was introduced as a way to treat mental illness, and the population within the institutions peaked around this time. In the 1960s, there was an attempt to take a community-based approach to treat mental health, but it lacked the funding to progress in any substantial way. In 1981, Ronald Reagan takes a drastic step to stop government funding to help with mental health, forcing institutions to close their doors and leaving the patients on the streets.

This dramatic change provided no cushion for the patients to fall on, and much experienced homelessness as a result. With nowhere to go and no help from the government, many people with disabilities lost their lives because of this policy shift. These individuals never received any compensation for their ill-treatment, nor were they given any transitional housing or aid to help restart their lives. Of those that did not end up dead, many people with disabilities were imprisoned for causing “public disturbances.” Unfortunately, this practice continues to exist today, especially impacting people of color, and people living in poverty disproportionately. Of course, the imprisonment of people suffering from physical and mental disabilities exacerbated their conditions, and the lack of care and treatment resulted in many deaths. With nowhere to go, and no rights to protect this vulnerable population, people with disabilities continued to suffer due to systemic failures.

The movement for disability rights

An image depicting the disability movement, with many people with disabilities gathered to fight for their rights. They hold a banner that reads a quote from Martin Luther King Jr., "Injustice anywhere is a threat to justice everywhere."
Image 9 – Source: Yahoo Images;

Eventually, following the lead set by the Civil Rights Movement and many other movements such as the Women’s Rights movement, and the sexual revolution that fought for the rights of the LGBTQ+ community, people with disabilities came together to stand against discrimination toward them from the larger society, and fight for their rights to exist and prosper like any other groups. People with disabilities wanted to challenge the practice of institutionalization and employed many of the tactics that were used during the Civil Rights Movement. They staged sit-ins in governmental buildings like the FBI building, challenged the mobility norms of society by blocking busses (that denied accessibility to people with disabilities) from moving, and they protested on the streets, able-bodied allies and people with disabilities alike, fighting for their rights.

People with disabilities were also exhausted with the ableist society they lived in and began to challenge the many barriers within society that kept them from living as independent individuals. They did not need someone to hold the doors for them; they wanted the doors to remain open automatically long enough for them to pass through. They wanted accessible sidewalks on which they could move their wheelchairs, walkers, and other walking devices (if applied) safely, and independently, without having to depend on others to take care of them. People with disabilities and their caregivers began to challenge the largely held view by society that people with disabilities were a burden to society. They argued that societal barriers made them dependent on others and implementing disability-friendly solutions can provide the community with the independence to live their lives freely.

In 1973, with the passage of the Rehabilitation Act, specifically, Section 504, people with disabilities, for the first time, were protected by law from being discriminated against. This act recognized that the many issues faced by people with disabilities, such as unemployment, transportation, and accessibility issues, were not the fault of the person with the disability, but rather, a result of society’s shortcomings in failing to provide accessible services to the group. While this was a major win for this community, this law only applied to those who accepted federal funding, meaning that the private sector, and even many of the public sector, could still discriminate against people with disabilities. Following the passage of this act, many people with disabilities were instrumental in ensuring its enforcement. Many of the sit-ins referred to above happened at this time, as an attempt to keep governmental offices accountable. Protestors would block the entrances into the government buildings, or stay in the buildings past close time, refusing to leave until the necessary changes were agreed to be made to the buildings (such as including ramps to the building or elevators inside the buildings) to meet the Section 504 requirements. This continued until Ronald Reagan issued a task force to stop the regulatory attempts made by supporters of Section 504, and the protections secured by the IDEA, an act that protected the educational rights of children with disabilities. Over the following years, his decision resulted in hundreds of frustrated parents and people with disabilities alike questioning the justification for stopping the regulatory actions of Section 504. This backlash, accompanied by the tireless leaders of the community meeting with White House officials, ended in Reagan reversing his crackdown on Section 504, allowing regulations to continue on businesses that refused to incorporate practices outlined in Section 504.

Additionally, following the passage of the Fair Housing Act in 1968, people with disabilities, along with other protected groups such as race, gender (and sex), and religion, were protected from discrimination in housing. The first passage of the act initially only included race, religion, national origin, and color, as the protected groups. It was not until 1974 when sex (and gender) were added to this list, and not until 1988 when the disability community was added.  Still, this act was especially important for people with disabilities because it required home builders to provide reasonable accommodations necessary for the inhabitants to live comfortably and move around the housing unit.

Following these many small victories came the biggest one of them all, the passage of the Americans with Disabilities Act in 1990 (ADA). This law was the first general law protecting people with disabilities from discrimination in all aspects of society, including in housing, employment, healthcare, transportation, and many other social services that impacted the lives of this protected group. The passage of the ADA focused on four main themes: full participation, equal opportunity, independent living, and economic self-sufficiency. Full participation focuses on the ability of people with disabilities to participate in all aspects of their lives, including having access to transportation, entering and exit buildings without issues, being able to vote on inaccessible sites, and enjoying life without social barriers that prevent them from being able to do so.  Equal opportunity centers on being able to be employed without facing discrimination due to their disability and being able to take advantage of other such opportunities free of discrimination. Independent living brings attention to the ableist framework that society is structured in and recognizes the need for a more disability-friendly society, with access to handrails, ramps, curb cuts, and other options such as disability-friendly online sites (that for example, speak the menu out for you if you are a person with visual imparities) to raise the living standards for people with disabilities. The basis of this pillar is to empower people with disabilities with tools they can use for themselves in order to live independent life. Finally, the economic self-sufficiency piece mainly concentrates on the economic security of people with disabilities. This includes access and accommodations to receive higher education, better employment opportunities (including training, transportation access, and mobility within the workspace), and other such necessities to promote economic self-sufficiency within the disability community.

A cartoon image of people standing together calling for equal rights with the words, "all human beings are born free and equal," quoted from the Universal Declaration of Human Rights passed in 1948.
Image 10 – Source: Yahoo Images

Many communities across the United States are brainstorming innovative ways to be more inclusive, but we are far from being a fully inclusive society. People with disabilities remain among the invisible groups within society, not because their advocates are not loud enough, but because their cries are being ignored by lawmakers and their local representatives. Globally, the United Nations established the Convention on the Rights of Persons with Disabilities(CRPD) in 2006, working to shift the mindset of people’s views on disability as a whole, as well as protect and promote the rights of individuals with disabilities by empowering them to fully participate in society with the dignity and humanity they deserve.

While this blog mainly focused on the historical context of the American Education System and the perception of people with disabilities in the past and today, the next blog will focus more on the treatment of children with disabilities within the American education system today, the many challenges they continue to face, how the pandemic has impacted their learning and development, and the human rights framework necessary for disability rights to do what we can to be more inclusive and less ableist as a society.

 

A Succinct Discussion on Global Poverty

 

small houses
(source: yahoo images)

Everyone has heard of global poverty and its horrendous consequences; however, for some people, that is where their knowledge ends. In this blog, I am going to undertake the task of succinctly compiling facts and statistics about this incredibly broad topic. My hope is that, after reading this blog, you are more inclined to speak out on global poverty and educate others on the topic. 

A Rudimentary Understanding

a desert overview
(source: yahoo images)

Global poverty is an umbrella term for poverty that exists throughout the entire world. That was the easy part: defining global poverty. However, defining poverty is a tad bit more tricky. We can surely say that poverty is a status: the status given to those whose annual income falls under a bar; however, poverty is more than just low annual income. 

The United Nations, in particular, has defined poverty as, “a denial of choices and opportunities, a violation of human dignity. It means a lack of basic capacity to participate effectively in society. It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which to grow one’s food or a job to earn one’s living, not having access to credit. It means insecurity, powerlessness, and exclusion of individuals, households, and communities. It means susceptibility to violence, and it often implies living in marginal or fragile environments, without access to clean water or sanitation.”

In addition, when discussing poverty, there is a distinction between relative deprivation and absolute deprivation. Relative deprivation is a function of inequality and can be defined as “the lack of resources (e.g. money, rights, social equality) necessary to maintain the quality of life considered typical within a given socioeconomic group.”

Absolute deprivation, on the other hand, is when one’s income falls below a level where they are unable to maintain food and shelter. Studies have shown that relative deprivation, or the inability to live up to the basic standards of living set forth within a particular community of reference, can be just as harmful to health outcomes as absolute deprivation. For example, research suggests that diabetes – a disease associated with modernization – is not a function of poverty, as the poorest countries show the lowest incidence among the global population. It is in nations that exhibit increasing political-economic and social inequality, including the United States, that diabetes has emerged as a leading cause of death and a serious public health threat.

Therefore, it should go without saying that our goal should be to diminish all forms of deprivation globally.

Statistics and Facts

a desert view of a tree
(source: yahoo images)

Personally, what I find most disturbing about global poverty is its breadth. Grounding this point is the fact that, according to the World Bank and WorldVision, “About 9.2% of the world, or 689 million people, live in extreme poverty on less than $1.90 a day.”

Practically one in ten people within the world are living in poverty.

To better understand the magnitude of this issue, imagine the following scenario: you live in this fantasy world where, in an effort to promote international toleration and cooperation, 30 children from all around the world get arbitrarily placed together into a classroom. Out of those 30 children, three of them would be living on less than $2 a day. If you are reading this blog, then you naturally have access to some sort of electric device. Those three children, in a year, will not have accumulated enough money to purchase your device. 

A logical question that might follow from the preceding scenario is that it is wrong of me to solely include children in made-up scenarios because adults, after all, also live in poverty.  While that is undeniably true, they by no means make up the majority. Over two-thirds of those living in poverty are children. Of those children, women represent the majority. 

Let us quickly look at local poverty—specifically, poverty within the United States. In the United States, as of 2019, around 10.5% of people live in poverty. The poverty line in the United States is around $13,000, and thus, each person living in poverty makes around $35 a day. Let us make note that these statistics are from 2019, meaning they are pre-pandemic. In 2020, the percentage of people living in poverty went up by one point to 11.4%. Ostensibly, that raise seems miniscule; however, it accounts for 3 million new  Americans who entered poverty, also now making less than $35 a day. 

All poverty is bad: that is undisputed. However, one who lives in America might confuse American poverty with global poverty as it might be what they encounter daily.  This presents a problem because this cannot be done as they are by no means the same. Those in poverty in America statistically make ten times more a day than those living in poverty abroad. That is a big difference; we can not equate the two.

Education

a view of UNESCO
(source: yahoo images)

Education is a human right; that is undeniable. Every human who walks this Earth has the right to get an education and develop individually. However, living in poverty makes education incredibly difficult. 

One study has found that, of those who live in poverty and are over the age of 15, 70% have only a basic education with no formal schooling. That means that if you are born into poverty and have no way of elevating out of this status, then, statistically, you are unlikely to get an education. This is an immense issue due to the fact that, according to UNESCO, education is the key to climbing out of poverty. In fact, UNESCO stated that, “if all students in low-income countries had just basic reading skills (nothing else), an estimated 171 million people could escape extreme poverty. If all adults completed secondary education, we could cut the global poverty rate by more than half.”

The dilemma is that the path out of poverty is through education; however, living in poverty makes education harder to achieve. 

However, in the past years, steps have been made in the correct direction, and education rates have indeed increased. A rise in education is beneficial to not just those living in poverty, but the nations they live in as well. In fact, a study published by Stanford University and Munich’s Ludwig Maximilian University shows that, between 1975 and 2000, 75% of the increase in a nation’s gross domestic product (GDP) can be attributed to the increase of math and science skills amongst the population. 

Therefore, education not only improves the lives of those in poverty, but also the well-being and economy of the nation and its people. It is for those reasons, amongst many more, that education is, and should forever remain, a human right.

Impacts

a picture of trees
(source: yahoo images)

In addition to the lack of education, those living in poverty face a multitude of other negatives. For one, a study found that adults living in poverty are at a “higher risk of adverse health effects from obesity, smoking, substance use, and chronic stress. [IN ADDITION], older adults with lower incomes experience higher rates of disability and mortality.”

In addition, this same study found that those living in the top 1% generally have a life expectancy 10 years greater than those living in poverty. Moreover, one study found that, for children and adolescents, poverty can also cause differences in structural and functional brain development, which impacts “cognitive processes that are critical for learning, communication, and academic achievement, including social emotional processing, memory, language, and executive functioning.”

Therefore, with the aforementioned facts in mind, it is easily concluded that poverty is an immense issue, and political leaders should be doing more to help relieve the issue. 

So, naturally, one might ask: why is nothing being done? One response to this question comes from the World Systems Theory. This theory is complex, so I will try my best to briefly discuss it. The theory states that all nations are divided into three systems: the core, the periphery, and the semi-periphery. Essentially, the theory states that the core nations, which are the most politically and economically powerful, use the periphery and semi-periphery nations, which are filled with developing nations, for cheap labor and resources. The core rewards the periphery for their resources and labor, but not enough that the nations develop at such a pace that they become equal to the core nations. This in turn causes a dilemma in which the periphery depend more on the core than vice versa. Some might argue that this in turn perpetuates global poverty as the core nations are doing the least to help developing nations. In other words, the rich get richer and the poor get poorer, thus exacerbating both absolute and relative forms of deprivation and sustaining the cycle of poverty.

Moving Forward

a view of the road
(source: yahoo images)

As mentioned previously, global poverty has indeed been decreasing. According to WorldVision, “Since 1990, more than 1.2 billion people have risen out of extreme poverty. Now, 9.2% of the world survives on less than $1.90 a day, compared to nearly 36% in 1990.” 

We are still heading down this path of poverty reduction, and it is vital that we continue to do so. Perhaps, one day, we will live in a world free of poverty—a world in which every single person is educated, well-nourished, and does not have to fear starvation. It is my hope that after you finish reading this blog, you will share any knowledge and statistics you may have learned with others. The first step in resolving  an issue–and continuing to resolve it—is acknowledgement. If more people are aware of how detrimental poverty is, more people will in turn be inclined to help fix it. We need more support and commitment to a world in which poverty is mere history. 

Book Bans in the United States: History Says it All

My mother is the youngest of 5 Indian daughters, all of whom are PhDs, professors, researchers, and educators. My grandfather, a lawyer, raised her, and like clockwork, he repeated that knowledge is akin to clay, a necessary foundation for anyone’s house of decisions, thoughts, ideologies, and actions. Because of this, nothing was more important than my education and, later, my brother’s education.

The right to knowledge that my upbringing revolved around is synonymous with the right to choose, the freedom of expression, and the right to read – all rights outlined directly or indirectly in the United States Constitution and subsequent Supreme Court decisions justified by the First Amendment.

Despite the First Amendment’s protection, book bans in schools are threatening this right to knowledge for students. Within the last 2 years, books of all literary and historical acclaim, including modern literature, have been banned at an unprecedented rate in an alarmingly organized manner in public school districts.

When people lose their right to this knowledge and succumb to political pressure, it will be a day in history representing humanity losing its most powerful tool to stand up for justice.

Woman looking through book spines in a bookstore.
Woman looking through book spines in a bookstore. Source: Unsplash

History of Book Bans

Book bans are a form of censorship that allows institutions to remove texts from classrooms, libraries, or bookstores because they disagree with the texts’ content. American history, let alone world history, has demonstrated that literary censorship aims to suppress equity movements as a powerful method of ostracizing minorities.

Like all examples of institutional limitations, the most influential books, which have the potential to cause revolutions, are also the most restricted. Uncle Tom’s Cabin by Harriet Beecher Stowe was banned in the Southern United States in 1852 and is traced back as the first example of a book ban. Stowe, a ferocious abolitionist in the North, wrote this book prior to the Civil War to rally abolitionists and swing individuals against the South’s slavery. Since the Constitution was written, Northerners decried the South’s defense of slavery. Uncle Tom’s Cabin was a powerful tool that amplified the voices of abolitionists across the country; they believed that slavery was a legal injustice in the Constitution that needed to be removed. Plantation owners, however, were able to pull strings and remove the book from circulation in the South, fearing the loss of economic and racial security that slavery gave them.

A hand fisted upward with a rope wrapped around the wrist. This is a symbol of Juneteenth, the national celebration of the emancipation of slavery.
A hand fisted upward with a rope wrapped around the wrist. This is a symbol of Juneteenth, the national celebration of the emancipation of slavery. Source: Unsplash

One of the first instances of controlling students’ access to books was after the Civil War. The Southern United States restricted access to textbooks that painted the South’s intentions and actions poorly amid the Civil War. An advocacy group in the South referred to as The United Daughters of the Confederacy felt that the control of what information their children were learning during school was beholden to the rights of parents. In 1954, they removed The Rabbits’ Wedding, a novel centered around a black rabbit marrying a white rabbit. They feared it would normalize interracial marriages, a taboo act at the time. 

In direct opposition to school censorship, the Supreme Court ruled that school boards “cannot remove books from school libraries just because they dislike the ideas contained in those books” in the landmark 1982 Island Trees Union Free School District v. Pico case. The Island Trees Union Free School district removed titles it deemed “anti-American, anti-Christian, anti-Semitic, and just plain filthy.” In conjunction, the Supreme Court also ruled that students retained their First Amendment rights to the freedom of speech and expression in school in the Tinker v. Des Moines case. If we follow the court, censorship is illegal in the U.S.

Young students listening to a teacher or speaker in their school classroom.
Young students listening to a teacher or speaker in their school classroom. Source: Unsplash

Current Statistics on Book Bans

PEN America, a non-profit dedicated to protecting freedom of expression, keeps a running record of books removed from school libraries, reading lists, or public libraries in each school district. Every year, to honor the lessons and values of the diverse perspectives in these books, the United States celebrates Banned Books Week. This year, held during the week of September 12th, PEN America released startling statistics detailing the exponential increase of banned books in a record-setting number of school districts.

Over 1600 books have been banned nationwide. Most of them are fiction and illustrate the lives of the LGBTQ+ community and people of color. In the past, book bans originated from a small scattering of parents making personal requests to remove a few books from circulation or restrict their children from reading them. Today, the opposition is still a minority, but they are organized with structured advocacy groups taking center stage at school board meetings demanding specific books to be removed from circulation. Some of the most banned books, like The Hate U Give by Angie Thomas, is a novel centered around a black teen who witnesses her black friend get shot by a white police officer. Another is The Absolutely True Diary of a Part-Time Indian by Sherman Alexie, which discusses the life of a Native-American teenager aspiring to be a cartoonist in an all-white school. Essentially, the most targeted books discuss life outside the white picket fence of middle-class white suburbia.

A collection of books that have been banned or proposed to be banned on a wooden shelf.
A collection of books that have been banned or proposed to be banned on a wooden shelf. Source: Flickr

What do supporters of book bans hope to achieve?

Ellen Hopkins, the author of the Young Adult poetry verse book Crank, is one of the most banned authors in the United States. She feels that parental rights and concern for children’s safety are a smokescreen behind anti-book advocacy groups’ motivation. Hopkins implores that books provide kids with the opportunity to solace in information about their identity and find consolation that they are not alone. They also prepare children for life in the real world by exposing them to situations they might otherwise encounter. Thus, books are a tool for the development of holistic decision-making skills. Removing these opportunities leaves kids with little chance to make better decisions when confronted with situations they are not familiar with. If the child is BIPOC or queer, removing books that have become championed narratives from the respective community isolates them and invalidates their experiences.

Parents often find these books on lists circulating online and present them to their children’s school districts claiming there is offensive or inappropriate content that compromises their children’s innocence. PEN America has found that parents who appear at the board of education meetings en masse and are armed with arbitrary lists of books have rarely even read the books to understand their significance. Descriptions of “obscenity” are affixed to titles as a fearmongering tactic to cultivate reprobatory characterizations of these books as they quickly make their way through advocacy groups’ websites and Facebook to radicalize those that come in contact with these types of posts. Such inflammatory language, which is not considered legally acceptable, elevates a small minority of individuals into a vocal majority to force school boards to comply.

A group of adults in a meeting with notebooks listening and taking notes on the speaker.
A group of adults in a meeting with notebooks listening and taking notes on the speaker. Source: Unsplash

Solutions to Book Bans

Banned Books Week stands as a beacon of hope against the dark wave of censorship. This week celebrates suppressed voices in literature and amplifies authors’ messages through community outreach, and fosters national collaborations. However, progress is made in consistent steps, not leaps.

On a smaller scale, there are many tools you can use in your community to combat literary censorship. Community members, feed off each other’s ideologies, and to mellow the extreme views of this vocal minority, the first step is to provide outlets for conversation. The vocal minority advocating for book bans can be confronted and overcome when faced with the majority opposed to them or their thinking. You can make your presence felt at school board meetings. Show up and voice your opinion and advocate for others to do so over social media. Vote for your local boards of education, library boards, and city council elections. If you want to, run for these board positions yourself or directly appeal or lobby your legislative representatives and defend the importance of all content in books. Unite Against Book Bans also provides communities with toolkits that include essential questions and moderate answers that consider the argument of parental rights while protecting the First Amendment.

In all, I am grateful for the circumspection that my mother and my family’s push for education provided me with. Not only hard skills, but also the ability to think for myself, to derive my own opinions, and to be mindful of how I act and react to new information. My freedom to read and speak gave me a powerful voice that must be available and fostered in everyone.

United States: The Case for Transitional Justice

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

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

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

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

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

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

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

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

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

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

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

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

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

A Firsthand Perspective of the Humanitarian Needs of IDPs in Cameroon

Cameroon, once a bastion of peace and tranquility, is now a nation beset with a series of violent and armed conflicts. Since late 2016, an armed conflict between the state defense forces of Cameroon and the non-state armed groups (NSAGs) of Southern Cameroons’ has ravaged the country. In the last six years, there have been more than 6,000 deaths, 765,000 internally displaced persons (IDPs), and 70,000 registered refugees in neighboring Nigeria, with approximately 2.2 million people in need of humanitarian aid. The Norwegian Refugee Council has referred to the conflict as one of the most neglected in the world. The long-term human capital consequences of this conflict are enormous. 

A more comprehensive background of the armed conflict and humanitarian crisis in Southern Cameroons can be found in a previous IHR blog post, “Cameroon, a Nation Divided”. 

Map of Cameroon.
Source: via Yahoo Images

It is against this backdrop that the Cameroon Humanitarian Relief Initiative (CHRI) in partnership with the Institute of Human Rights (IHR) co-hosted an international webinar, “Updates on the Humanitarian Crisis from the Ongoing Armed Conflict in the Southern Cameroons” on the 18th of October, 2022. The aim of this event was to discuss the current humanitarian crisis from a multi-perspective panel. The speaker biographies can be found at the bottom of this blog post. 

Excerpts from this webinar were edited and woven together for this blog post. The full recording of the webinar is available on request by contacting ihr@uab.edu. 

Image of Cameroonian IDPs.
Source: via Yahoo Images

Overview                                                                                                                     

What are the current humanitarian needs for Internally Displaced Persons (IDPs) in Southern Cameroons? 

Atim Evenye: The current context and the magnitude of the ongoing crisis in the Northwest and Southwest regions remain tense. There is continuous violence in targeted areas. We have the destruction of properties. We have abductions and kidnappings of both community people and administrators. We have killings and local arrests. We have continuous attacks on schools and students. Humanitarians face threats and direct [armed] attacks.  [These are carried out] by both parties, the non-state actors and the state defense forces.

The population [has] really [been] under duress and stress for over six years.

Food Security:                                                                                                                      Atim Evenye: When it comes to the current needs for IDPs, at the moment, I would say food security remains one of those outstanding needs. Especially in the rural areas, because these IDPs have fled their place of abort. They don’t have access to their farms. [As such,] they don’t have the economic capital [for even] daily subsistence. So, there is a lot of dependencies now on family members, [or] world food programs, and other humanitarian organizations bringing food assistance in the area. 

Education Accessibility:                                                                                                        Atim Evenye: There is a strict restriction around education. In [the rural areas] of the Northwest and Southwest regions, we have children who have not been able to go to school until date. In urban areas, there is a possibility of schools for those who can afford it. Currently, in our zone in the Northwest and Southwest regions, we have lost one month [of school this term], because we are only starting now. So, it becomes challenging on how to catch up. There’s a need for accelerated learning. [Additionally,] teachers have been abducted [and] schools have been burned. [To add to that,] there is a lot of psychological trauma, [as] many children have witnessed or experienced violence firsthand. Both the state and non-state actors [are] not conscious of the impact their actions are having on children. The government doesn’t want to hear about community schools as prescribed by the separatist. So, it’s really very challenging to access education. 

Dr. Emmanuel Nfor: Education is one of the issues at the origin and at the core of the crisis, and formal education has been used by NSAGs, [the non-state armed groups], as a political instrument. NSAGs have advocated and enforced a “no school policy”, leading to public school closures for the past four years in many areas. More than fifty percent of threats against buildings in communities have been directed against schools, and many school buildings have been taken over by organized armed groups. Accessing education in emergency services, or going to school in such a volatile environment, is proven to be risky for children, as well as for teachers. Pupils who were in school in most rural areas have dropped out, some joining armed groups, others displaced, and some have outgrown their ages for the classes in which they were and cannot continue. Many parents have lost their means of livelihood and are unable to sponsor their children in school. Despite repeated calls from humanitarian and human rights organizations for education to be depoliticized, schools have been burnt, teachers and students intimidated, kidnapped, and even killed, and some have seen their hands chopped off by members of armed groups. 

Gender-based violence (trigger warning):                                                                          Atim Evenye: We see [a great deal] of gender-based violence. In certain assessments we have conducted, for example, [many of these] young girls in rural areas are not able to go to school. What are they left to do? There is a lot of harassment, rape, and [sexual assaults]. They’re looking for five hundred francs CFA, that’s like one dollar, to [be able to just buy] food to eat. So then, they depend on young men to give them that money. And at the end of the day, they [get pregnant and become] teenage mothers. The whole cycle is really detrimental, it’s a really difficult one. 

Dr. Emmanuel Nfor: Sexual violence is rampant, as a direct consequence of the crisis but also due to decreasing livelihoods, negative coping mechanisms, and lack of protection structures. The boy child is an endangered species, at risk of accusation and arbitrary killing from GFs [state defense forces], and forced recruitment by the NSAGs. There are no specific programs by both UN agencies and Internal bodies that address the needs of the boys. 

Housing:                                                                                                                                      Dr. Emmanuel Nfor: If we look at where the IDPs in particular are, we have IDPs that are living in the rural areas, in the bushes. We have those living within host communities. We have some that have been able to rent. [But if] they are able to pay for accommodation, [there are] a lot of difficulties because they want them to pay upfront, and they cannot do it. In all three groups, they lack basic WaSH and health services, NFIs [non-food items], and protection from natural hazards. Those who fled to other regions face stigma and severe protection risks related to exploitation, and socio-economic vulnerabilities including extortion, sexual exploitation, and child labor. 

Healthcare:                                                                                                                            Atim Evenye: The next principal need I would say is around healthcare. In recent times we have [had] heath centers burned, and the staff attacked. So, it’s really challenging. Statement needs to be completed, even before the crisis, access to health care has been a serious challenge, especially in rural areas. And then, currently, with the crisis, it’s even more exacerbated. It becomes difficult now [for] humanitarians on the ground who are trying to meet the needs of these people. Take, for example, Doctors Without Borders. They have [had] to put their activities on the hold because they had issues around access [and safety] of their staff.

Dr. Emmanuel Nfor: [There is a lot of] healthcare [needs] for the vulnerable. [Safe practices in regard to] water, sanitation, and hygiene are not being followed. People who live in rural areas don’t have a good source of water. But they could be educated on the fact that even though your source of water is doubtful, you could take it, you boil it, you purify it, or you do something to make it [potable]. That education, they don’t have, or the chemicals for water treatment. Additionally, there is a lack of emergency medical and psychological units, to provide emergency care to the wounded and psychosocial support to those traumatized by the violence. We can educate people on how to prevent simple infections. How can you prevent diarrhea infection? How can you prevent malaria? If this education is done, it could be [one] way to [improve basic healthcare].

Healthcare, which is supposed to be a protected area, unfortunately, has not been the case in this conflict.  We have had health centers closed; more than fifty percent of the health centers in rural communities have been closed. Not only the health centers, [but] the health workers do not feel comfortable staying there. So, a lot of them have abandoned [the centers]. The [people] left in these communities cannot access healthcare. Women cannot access antenatal clinics. Vaccinations [are] not being done, and thousands of children are at risk of contracting common vaccine-preventable infections. 

The population has been abandoned to themselves.

Health centers that are open in semi-urban and urban areas are overwhelmed by people who have [been forced by the conflict to flee]. And what’s worse is that most of those who have [fled] do not have the means to pay for the treatment. We have some health centers that have accumulated huge unpaid bills because those who access healthcare cannot afford to pay those bills. For the facilities that are open, IDPs cannot afford to pay for the treatment that is given to them. 

We have [also] had cases of drugs and other medical equipment [being] seized along the way by organized armed groups. So, it’s difficult to render care because the drugs and medical supplies do not reach the vulnerable in the hard-to-reach areas. Free supply of drugs and medical equipment is disturbed by locked downs, roadblocks, and/ or are seized at gunpoint. 

Then the last very worrying thing is that healthcare workers are being attacked or kidnapped for ransom. A lot of them have been attacked both by the non-state actors and by the state forces; [health workers are] kidnapped by the non-state actors and/or arrested by the [state forces]. So, it is not safe [from] either side. They see you as collaborating with the other, and [so the question is] whether you should treat wounded combatants or not. According to the healthcare regulation, we take any wounded persons as patients. But unfortunately, when these [combatants are] treated, we [the healthcare workers] are blamed. The non-state actors blame you for treating the state forces. The state forces blame you for treating the non-state actors. It’s really a dilemma in which we are in. 

Future Directions:                                                                                                     

Looking towards the future, are there any resolutions to the humanitarian crisis in Southern Cameroons that you can think of that can be implemented at this point?

Dr. Emmanuel Nfor: I think the first thing we need to consider for the humanitarian crisis is that we need to speak the truth.

We need to make a truthful appraisal of what is happening on the field. Address the needs. For example, we are told that the crisis in Cameroon is one of the least funded in the world. Why? Because the data and the reposting are for some reason concealed. 

So, if we must be able to go forward with the humanitarian situation, we need to know how many people are living in the bushes, how many are living in host communities, in what conditions are they living, and be able to address it. [These] figures are often contested, they say the number is lower, or they want to sway the number for their gain. So, we must start with you right data. If we have the right data on needs, it will be possible to see where the solutions should come from. 

Possible resolution options, specifically for the humanitarian crisis, could consider the following:

-A community-based approach to raise awareness of protection risks in the community and identify and support community-based solutions. 

-Advocate for access to civil documentation, especially birth certificates, to avoid a stateless generation and mitigate protection risks associated with a lack of civil documentation. 

-Support community mediation of localized conflicts to reinforce the dialogue between host communities and IDPs and avoid tensions within the communities. 

-Advocate with parties to the conflict to respect the protection rights of communities, and respect International Humanitarian Laws. 

-Finding durable solutions for IDPs intending to stay in their host communities, like those who have established businesses in the new areas.

-Shelter support in rural areas as a high percentage of households live in tents or informal collective shelters 

Atim Evenye: When it comes to setting strategies that we can use to resolve this conflict, I would say it’s imperative, for the powers that be to consider the roles of different parties in the conflict. There is a need for parties in this conflict to come to the table and talk. There is a need for dialogue. There is a need for unity. We need to have a unity of purpose, to push our agenda in one voice. 

True is the fact that they have been the major national dialogue, [there] have been consultation meetings and other forms of dialogue in smaller circles. But the question is, during this dialogue are the needs of the different parties considered?

For example, we have women who have suffered a lot as a result of this conflict. But at the same time, we have that arm of women who are also seeking solutions on how to resolve the conflict. Women are now spearheading and speaking for themselves. And I think, there is a need to give a listening ear to what the women are saying because I think time in memorial, women have always demonstrated that ability to resolve conflict. So, one way to consider the proposals that women are giving here in Cameroon.

Secondly, there is a need to give academia and research a place. There are a lot of people in the academic who are gathering data, but the fear around it is the dissemination of this information. The administrative system is such that once you do a publication that is not supportive of what is happening, you get targeted. And by both sides. Thus, we try to be balanced in all information dissemination. There is a need for that deliberation and freedom of speech, especially in the area of academia. People should not be afraid to publicize or to make public the research and the results of what they have found in the field. So that’s another way that can be an added value to the approaches to conflict resolution. 

Also, there is a need to consider the root causes. The conflict did not just start like that, it degenerated along the line. So, there is a need to go back to the drawing board and understand what pushed the Southern Cameroonians to arrive at this point. What are the different trends that have been changing through the crisis?

When it comes to how to resolve the humanitarian crisis, I think the humanitarian needs are more than what the humanitarian organizations can do, funding is very limited. It’s obvious that humanitarians cannot meet all the needs. So where should we turn to? We should turn to other actors who can bring assistance. We have development actors who can bring resilient, [long-term, skills-building] projects so that the communities will not be too dependent. The people of the Northwest and Southwest have never been those who are dependent on handouts. 

They are people who are hard-working. We hear the aches of people wanting to be self-sustaining. They want to just be, to go back and be what they had been doing [before the conflict]. 

Dr. Emmanuel Nfor: If we don’t put away falsehood, if we don’t speak the truth and have the right data and have the right information about what is going on, on the ground, we will continue for many more years doing much but with very little impact. 

The people of Northwest and Southwest can lead by themselves. These are hard-working people. They just need to be empowered, to go back to where they have lived before. There are many people who are longing to go back home, but the problem is that they go to homes that have been burnt. They go to farms that have been abandoned. They go to be reminded of the horror. So, we need psychological treatment and support. We need some form of equipping them to be able to cope with what they have lost. We should be able to end the hostilities and give people the opportunity to go back home.

So, we should rather empower them, than continue to give them aid. Let peace reign, [so that] we can empower them to reveal what they have lost and then see how they can bring up that life again. [Then] we can go forward. But hostilities should cease, and we should speak the truth; to face each other face-to-face and speak the truth. 

Speaker Biographies

Atim Evenye Niger-Thomas, received a Ph.D. in Student Conflict Management and Peacebuilding at the International University of Applied sciences for Development (IUASD) Sao Tome in partnership with IPD Yaoundé.  Since 2016, Atim Evenye has worked and grown in different roles at the Authentique Memorial Empowerment Foundation (AMEF). Currently, she holds the position of Assistant Director and trainer for Humanitarian Negotiation. Under this supervision, AMEF has grown to be one of the leading humanitarian organizations in the Southwest Region. AMEF runs four core programs namely, Education and Child Protection (ECP), Economic Development and Livelihood (EDL), Gender, Protection and Peace (GPP), Health/Nutrition/ WASH (HNW).

Dr. Nfor Emmanuel Nfor, holds a PhD in Medical Parasitology from the University of Yaounde I, Cameroon. In February 2017, he joined the Cameroon Baptist Convention Health Services (CBCHS), as the Malaria Focal Point. While working with the CBCHS, he attended a Peer Review Workshop on Humanitarian Negotiation organized by the Centre for Competence in Humanitarian Negotiation (CCHN) Geneva. After many other online courses, and several National and International Conferences, he was appointed Trainer and Advisor of Humanitarian Projects within the CBCHS. In this capacity, he coordinated projects executed by the CBCHS with funding from WHO, UNICEF, and UNFPA. He has been at the forefront of Humanitarian activities within the CBCHS during the ongoing sociopolitical crises in the North West and South West Regions of Cameroon, working closely with the Cameroon Humanitarian Response Plan. 

 

This is the second in a series of blog posts that will look further into the conflict in Cameroon. Each month a humanitarian need and/or organization working in response to the humanitarian crisis will be featured on the UAB Institute for Human Rights’ blog. 

International Day for The Eradication of Poverty

Source: BetterAid via Google Images

Monday, October 17th is the International Day for the Eradication of Poverty; in 2022 we have a lot to acknowledge and a lot of work to be done. The theme for this day of commemoration is dignity, focused on how every human has the right to live with pride for themselves and respect from others. The first line of the Preamble for the Universal Declaration of Human Rights (UDHR) emphasizes the importance of how the “…recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” and that is precisely the ideology behind the founding of this human rights holiday. But why, exactly, is poverty an international human rights issue?

History

Global poverty is defined as “lacking enough resources to provide the necessities of life—food, clean water, shelter and clothing. But in today’s world, that can be extended to include access to health care, education and even transportation.” 

This international day of recognition was adopted by the United Nations in December of 1992 to recognize the structures that cause poverty, to listen to and amplify the needs and desires of impoverished persons, and to place a specific focus on how the international community and global leaders can work to solve this persistent social problem. October 17th was chosen to observe this topic because on this day in 1987 a crowd of over a hundred thousand protesters gathered in the Trocadero Plaza of Paris, France to honor the victims of extreme hunger and poverty. In commemoration, a stone was placed in the Plaza, now renamed the Plaza for Human Rights and Liberties, engraved with the following message from Father Joseph Wresinski, “Wherever men and women are condemned to live in extreme poverty, human rights are violated. To come together to ensure that these rights be respected is our solemn duty”.

The right to live free of poverty is not listed in the UDHR, but our current understanding of poverty constituting a violation of human rights has been developing since before the UDHR was proclaimed by the United Nations General Assembly in 1948. This is because living in extreme poverty is almost always accompanied with a loss of essential human rights that were explicitly enumerated in the UDHR, like the right to health, safe food and water and the right to adequate housing as illustrated in Articles 25 of the UDHR and the Human Right to Water and Sanitation. Even in developed and wealthy nations, citizens living in poverty experience obstacles in their ability to access the right to education, work, and political participation named in Articles 21, 23, and 16 of the UDHR. 

While persons living in poverty are often denied many, if not all of those fundamental human rights listed above, this holiday gets its theme from Article One of the UDHR, from which this holiday gets its theme: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Those in poverty often lose this right as limited access to the essential requirements of a quality life places them in a position where they rely on the aid of others, who often treat the impoverished as less than equals. They are patronized and degraded in their daily lives, and the social response to an impoverished person exercising their agency to decline charity is typically one of rebuke.

Source: Sparkasse Köln Bonn via Flickr

The Current State of Poverty

Global poverty rates have increased since the beginning of the Pandemic in 2020, and World Bank estimates that we have been set back 3-4 years on our path to ending extreme poverty as of October 2021. In addition to climbing unemployment and poverty rates is the leap in inflation, which has climbed globally as supply chains stretch thin. The Pew Research Center has found that the global middle class shrank while the global poor increased as the pandemic progressed, disrupting the progress of developed nations around the world, particularly in Asia and the Middle East.

These economic impacts affect more than immediate financial conditions of those involved. One side-effect has been a loss in education; as the United States and other wealthy countries moved online in response to the pandemic, other nations (particularly in the Global South) had to close schools entirely. Human Rights Watch has noted that, for millions of school-aged children, the pandemic effectively ended their formal education as alternative school options were few and the need for work and additional income rose. The International economic recovery will be challenging, and may take years to accomplish, but it is paramount that we keep the most vulnerable, both their dignity and agency, in mind as we navigate our collective path forward.

International Human Rights holidays are often overlooked due to their focus on what are often perceived to be niche categories outside of major religious or cultural practices. However, observing human rights holidays is a practice that allows for shared positivity and encouragement as we mark progress and victories in the field. They also provide days of unity to focus on pervasive issues that still need attention and work. On this holiday, join me in taking the time to think about how poverty affects your community, how your community has responded, and how it can alter that response to alter the quality of life for its impoverished population.

 

 

Breakthrough Birmingham

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

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

Background About the American Education System and Breakthrough as a Whole

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

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

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

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

Why Middle Schoolers? Why Undergraduate Teaching Fellows?

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

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

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

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

The Three Pillars: Exposure, Relationships, and Growth Exposure

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

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

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

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

Relationships

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

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

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

Growth

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

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

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

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

How to get involved

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

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

 

A Bright Future – Recent Human Rights Victories

Source: Yahoo Images, Unknown Artist

In the midst of a pandemic and international unrest, it is vital to stay encouraged and optimistic as we continue our efforts to uphold and protect human rights internationally. That is why we at the Institute for Human Rights at UAB will be using this article to break up the negative news cycle and put a spotlight on a few of the amazing victories and progress the international community has made during the pandemic that you might not have heard about. Though positive human rights news may not always make headlines, it is important to recognize each success, just as it is vital we address each issue. 

Source: Quentin Meulepas via Flickr

The UN Declares Access to a Clean Environment is a Universal Human Right – July 2022

Of the 193 states in the United Nations general assembly, 161 voted in favor of a climate resolution that declares that access to a clean, healthy and sustainable environment is a universal human right; one that was not included in the original Universal Declaration of Human Rights in 1948. While the resolution is not legally binding, it is expected that it will hugely impact international human rights law in the future and strengthen international efforts to protect our environment. Climate justice is now synonymous with upholding human rights for the citizens of member-states, and the United Nations goal is that this decision will encourage nations to prioritize environmental programs moving forwards.

Kazakhstan and Papua New Guinea Abolish the Death Penalty- January 2022

Kazakhstan became the 109th country to remove the death penalty for all crimes, a major progress coming less than 20 years after life imprisonment was introduced within the country as an alternative punishment in 2004. In addition to the national abolition,  President Kassym-Jomart Tokayev has signed the parliamentary ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. Article 6 of the ICCPR declares that “no one shall be arbitrarily deprived of life”, but the Second Optional Protocol takes additional steps to hold countries accountable by banning the death penalty within their nation. Though the ICCPR has been ratified or acceded by 173 states, only 90 have elected to be internationally bound to the Second Optional Protocol (the total abolition of the death penalty), and Kazakhstan is the most recent nation to join the international movement to abolish the death penalty globally. 

Papua New Guinea also abolished their capital punishment, attributing the abolishment to the Christian beliefs of their nation and inability to perform executions in a humane way. The 40 people on death row at the time of the abolishment have had their sentences commuted to life in prison without parole. Papua New Guinea is yet to sign or ratify the Second Optional Protocol to the ICCPR, but by eliminating the death penalty nationwide the country has still taken a significant step towards preserving their citizens right to life. 

Source: Randeep Maddoke via Wikimedia

India Repeals Harmful Farm Plan – November 2021

Many of you will remember seeing international headlines of the violent protests following India’s decision to pass three harmful farming laws in 2020. The legislation, passed in the height of the pandemic, left small farmers extremely vulnerable and threatened the entire food chain of India. Among many other protections subject to elimination under the farm laws was the nations Minimum Support Price (MSP), which allowed farmers to sell their crops to government affiliated organizations for what policymakers determined to be the necessary minimum for them to support themselves from the harvest. Without the MSP, a choice few corporations would be able to place purchasing value of these crops at an unreasonably low price that would ruin the already meager profits small farmers glean from the staple crops, and families too far away from wholesalers would be unable to sell their crops at all. 

Any threats to small farms in India are a major issue because, according to the Food and Agriculture Organization (FAO) of the United Nations, “Agriculture, with its allied sectors, is the largest source of livelihoods in India”. In addition, the FAO reported 70% of rural households depend on agriculture and 82% of farms in India are considered small; making these laws impact a significant amount of the nation’s population.  A year of protests from farmers unions followed that resulted in 600 deaths and international outcries to protect farmers pushed the Indian government to meet with unions and discuss their demands. An enormous human rights victory followed as Prime Minister Narendra Modi announced in November of 2021 that they would rollback the laws, and on November 30 the Indian Parliament passed a bill to cancel the reforms. As the end of 2021 approached, farmers left the capital and returned home for the first time in months, having succeeded at protecting their families and their livelihoods.

Source: Sebastian Baryli via Flickr

Sudan Criminalizes Female Genital Mutilation – May 2020

Making history, Sudan became one of 28 African nations to criminalize female genital mutilation / Circumcision (FGM/C), an extremely dangerous practice that an estimated 200 million woman alive today have undergone. It is a multicultural practice that can be attributed to religion, sexual purity, social acceptance and misinformation about female hygiene that causes an onslaught of complications depending on the type of FGM/C performed and the conditions the operation is performed in. Among the consequences are infections, hemorrhage, chronic and severe pain, complications with childbirth, and immense psychological distress. It also causes many deaths from bleeding out during the operation or severe complications later in life. We have published a detailed article about female genital mutilations, gender inequality and the culture around FGM before, which you can find here

FGM/C is a prevalent women’s rights issue in Africa, and in Sudan 87% of women between the ages of 14 and 49 have experienced some form of “the cut”. While some Sudanese states have previously passed FGM/C bans, they were ignored by the general population without enforcement from a unified, national legislature. This new ban will target those performing the operations with a punishment of up to three years in jail in the hopes of protecting young women from the health and social risks that come from a cultural norm of genital mutilation and circumcision.

Where do we go from here?

While we have many incredible victories to celebrate today, local and international human rights groups will continue to expose injustices and fight for a safer and more equal future for all people. Our goal at the Institute for Human Rights at UAB is to educate; to inform readers about injustices and how they can get involved, and to celebrate with our incredible community when we have good news to share! While the past year has been marked with incredible hardships, it is always exciting when we have heart-warming international progress to share!

You can find more information about us, including free speaker events and our Social Justice Cafes on our Instagram page @uab_ihr! Share which of these positive stories you found most interesting in our comments, and feel free to DM us with human rights news you would like us to cover!

The Day of the African Child (DAC), Kenya Edition

by Grace Ndanu

A parade of people hold a giant banner celebrating the Day of the African Child
Source: the author

Africa is not just full of wealth, but there is raw talent and resources that are boundless.  In my opinion, Africa is by far the wealthiest continent in the world. Besides exotic plants, sandy beaches, fascinating wildlife, the breath-taking landscape, precious stones, and the children, who are the most precious possession. This is where they are supposed to be assisted and directed to build their future. So where do we go wrong? Is it hunger for power? Greed? Corruption? Every one cares for themselves and forgets about children.  Parents treat their girls like bread, where they are usually eager waiting until the girl will reach puberty so that they can marry them off, just to be given two blankets, two kg of sugar, and a number of cows. I call that selling and buying of bread.

Children from Soweto, South Africa protested against education injustices, and inequality in the apartheid regime. Instead of being heard, they were massacred back in 1976. Here we are later forty six years later, the African child is still afflicted with education unfairness, inequality, and harmful practices across most of Africa.

As I honored those children massacred in Soweto, I took a glimpse into the life of an African child. I will use the life of the Kenyan children since I was once one. A Kenyan child is playful. He or she is always exited to interact with family and friends, also she plays all made up games that children do. A Kenyan child is smart, and she learns many skills, including farming, animal rearing, and learning two to three languages to communicate effectively with whomever they encounter. This is on top of formal school education. A Kenyan child is strong. Challenges, obstacles, and hardships are an expectation, and she knows she must work hard. If she falls, she must get up because she is like any other child who is in a better country and therefore she must dream because her dreams are just as vibrant as any other child.

Kenyan children continue to suffer the effects of dangerous practices despite the existence of laws and policies that are supposed to protect their rights and well-being. Harmful practices that the Kenyan children go through include female genital mutilation, early marriage, corporal punishment, recruitment in wars, preference of boy child, discrimination of children with disabilities, and infanticide, to mention but a few. Following what the Kenyan child is going through, this year’s theme was “Eliminating Harmful Practices Affecting Children: Progress on policy and practices since 2013.” I believe the theme was calling upon member states of the African Union to adopt stronger measures to protect the children from harmful practices that continue to violate their rights.

The main event was held in Elungata Wuas Primary School, which is in the interior of Kajiado County. Honestly I felt like I was in a different world, starting with the weather. I think it is the hottest, the location was the furthest end of the world. I am pretty sure the Elungata Wuas Primary School pupils spent a week before the ceremony cleaning up, mowing the grass on the compound and scrubbing the walls, as it is part of Kenyan culture to ensure that everything is perfect before the visitors arrive. (My opinion, we overdo.) The day started with very hot weather. The energy of the children was full of excitement as there were pupils from other schools and children homes that were invited. They were dressed up in their uniforms and others provided t-shirts with this year’s theme logo. The event attracted local and international organizations (UNICEF, World Vision, Save the Children, US-AID, Plan International, and Red Cross among others).

A group of children gather outside of an African school
Source: the author

The event started with a 1km walk with all of the children shouting,”Haki yetu, haki yetu haki yetu.” Meaning “our right, our right, our right.” They were also singing songs of victory and crying this year’s banner for the International Day of the African Child celebration. The children made a grand entry into the Elungata Wuas Primary school, where three huge tents and chairs were set up for them. There were several speakers lined up for the event in addition to wonderful performances ranging from songs, music, poems, and dances from different schools and children’s homes.

The speeches that were made revolved around early marriage and female genital mutilation. Beside the children being told to work hard and help their communities out of poverty, the parents were also warned about forcing their girls into marriages and circumcision. The parents were told that the children don’t belong to them but to the government, and therefore anyone who will be found going against the law will be taken to court. Girls are not the only ones at risk from dangerous practices because in Kajiado County, boys face the challenge of early work, such as construction, as they are forced to provide for their families and leave school. All the parties involved in child welfare were called to work together to protect children from harm and to ensure their welfare.The Gender officer talked about government’s commitment to ensuring children are protected from all forms of violence, abuse, exploitation, and neglect by putting in place laws and policies that safeguard the rights and welfare of the children.

After the speeches, the ceremony ended with a word of prayer, which was followed by a group photo. The children were released to go and have their lunch. The invited guests and children were allowed to leave at their own pleasure after lunch which made the day a success, and again I was in my longest journey from the furthest end of the world.