As we approach 2020 and the end of this decade, we come across several lists of important happenings, milestones, and statistics in various disciplines across the world. As for human rights, it is important to reflect where we stand on the provision and fight for human rights and highlight the important issues that emerged during this decade.
Give yourself a break. It’s your right.
Welcome to SUMMER 2018!! This is a repost from last Spring.
With spring break and summer just ahead, did you know you have a right to leisure and rest? It is in part because of Eleanor Roosevelt and the 18 representatives chosen by the Economic and Social Council in 1948, tasked with drafting the Universal Declaration of Human Rights (UDHR), a document that would become a cornerstone of peace around the world. Article 24 of the UDHR pronounces, “everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.” Researchers, writers, and business insiders market the right to leisure and rest as work-life balance. Harvard Business Review has an entire section of its current and archive database dedicated to the subject.
What is the right to leisure? Leisure is a part of the second generation of human rights. Roosevelt ascribed each right as a component of the “inherent rights of all individuals, without which no one can live in dignity and freedom.” In other words, it is a basic human right. She notes that the UDHR carries moral weight but no legal weight, thus making it easier for violations to occur. Often, governments through repressive systems and structures are responsible for human rights violations; however, the violation of leisure is often self-imposed.
A 2014 Gallup poll revealed that 42% of the polled full-time employees work 47 hours a week while 40% work 40 hours, and 8% work less than 40 hours. Ran Zilca suggests more people want community and relationship over a paycheck, but have not verbalized the desire for a job that will bring fulfillment. He concedes that unnamed values magnify discomfort and distress, clouding perspective. Age is also a factor in finding work/life balance. When all is said and done, work happiness depends on several factors, including having a life outside the office and possessing money to enjoy it.
The notion of “work/life balance” is recognized across the world as a difficult goal to attain because the lines between work and life are blurred. Paula Caproni, working wife and mother of two children under four, explains that achieving the Zen-like status of full balance is easier said than done, especially for the well-intentioned. Citing Martin and Knopoff, who assert, “it is not a stretch of the imagination to consider that a root of the work/life balance tension is that caretaking work in one’s own home—typically done by women—is undervalued and unpaid, and until this fundamental issue is resolved most other attempts that try to resolve work/life tensions are likely to be superficial at best”, Caproni hints that work/life balance is more about the flexible sharing of the work/life load, rather than the circular nature of devaluing the half often associated with women, prioritizing individualism over familial (or community) interaction, and misapplied excellence in the workplace. She acknowledges that the disconnection between the idea of work/life balance and the practical application may disappoint many who discover life values “do not fall into clean dichotomies that lend themselves to trade-offs or prioritization.” In other words, every attempt to compartmentalize one part of life from another will create frustration, disillusionment, and isolation since the ideal is unattainable. Caproni established rest amid the unpredictability of the ‘imbalance’ by embracing “tranquility over achievement, contribution over success, and choice over status”, creating an internal dialogue that helped to name essential values, changing both life and work accordingly.
David Maume states, “Research has looked at the symbolic meaning of time use and linked it to a person’s identity.” Men and women have different perspectives when approaching and participating in vacations. Gender roles plays a significant role in how often and if vacations happen in the lives of people. Generally, while on vacations with families, women are tasked with meeting the emotional and physical needs while men focus on work-related tasks. On one hand, women sacrifice their personal enjoyment for the sake of others, seeing vacation as an enjoyable ‘disruption of work’ that allows “work on daily family life and cement bonds between family members.” On the other, a man’s career and subsequent job concerns may lead to a limited presence or total absenteeism on vacations. He concludes that men, aware of misplaced values in the past, desire to spend more time with their children–making significant changes to create a more egalitarian home environment or staying home full-time while wives work outside the home. This decision is countercultural and sometimes detrimental to a career.
The acknowledgement of values should remain a priority of an employee, and at minimum, recognized by an employer. Sanghamitra Buddhapriya introduces three key concepts in her essay, “Balancing Work and Life: Implications for Business”: work-family, the guilt complex, and time sovereignty. She argues that work-life balance is not just a reduction in working hours. It is flexibility that allows for the removal of the guilt complex because the control of time has been entrusted to capable, motivated employees, seeking to dedicate themselves to work and family. First, work-family balance seeks out the space achieved when an employer sets, creates, and promotes an environment for an effective balance. The tension of work and family is complicated by typical business culture which emphasizes long hours means more devotion, scheduling conflicts and absenteeism are evidence of noncommitment, and time constraints implies time mismanagement or “role ambiguity”.
Second, the guilt complex magnifies the tension of work and family since domesticity is often attributed to women. Buddhapriya points out that within male dominated organizations and societies like India, women “face a dual burden” of having career aspirations and family goals. “Working women and their spouses continue to regard breadwinning as essentially a man’s job and home management as a woman’s job… women continue to bear the burden of household responsibilities regardless of their employment status.” Due to the weight of the burden, women, especially mothers, may be forced to ‘trade-down’ to part-time jobs, taking jobs for which they are overqualified, or make their career subordinate to that of their husband (Budig 2001, Correll 2007, Gash 2009).
Lastly, time sovereignty places responsibility to organizational commitment in the hands of the employee, citing an ability to manage life stressors and job stressors more effectively, improving work performance and satisfaction. Time sovereignty is not unaccounted time; it is a flexible work arrangement. Using Marriott International, Aetna, UPS, Hewlett-Packard as examples of companies utilizing time sovereignty, Buddhapriya reaffirms that the best employers have cultures and policies which promote a meaningful and supportive workplace, company productivity, movement towards gender equality, and organizational mobility and retention.
Leisure is defined as free time. It is an opportunity afforded by free time to do something that renews, refreshes, and destress you. Leisure is unhurried ease. It is sleeping until 10am or gardening or reading your favorite novel. Taking a trip to a foreign country or to Wyoming or learning to play an instrument. It is about binge-watching a television show and stopping to smell the gardenias by yourself, with a friend, or with family. It is your time and right so do what you want with it.
Budig, Michelle J.; and England, Paula. 2001. “The Wage Penalty for Motherhood.” American Sociological Review 66(2):204-25.
Correll, Shelly J.; Benard, Stephen, and Paik, In. 2007. “Getting a Job: Is There a Motherhood Penalty?”. American Journal of Sociology 112(5):1297-339.
Gash, Vanessa. 2009. “Sacrificing Their Careers for Their Families? An Analysis of the Penalty to Motherhood in Europe.” Social Indicators Research 93(3):569-86.
A LGBTQ+ Perspective on Today’s World
A LGBTQ+ youth today may look at the world around them and think all hope is lost. It is understandable because the possibility of an entire community losing their civil rights at any moment is creating a looming fear. As human beings, we all come to terms with ourselves in our own ways; whether it is simply growing into yourself in order to find out who you are, or growing into someone you never imagined. The process of coming to terms with identity is completely different when your sexuality is not the “social norm.” Growing up, I felt scared of myself, and fearful of what the future might hold for people like me. However in 2015, when marriage equality became law, I thought to myself, “We are finally getting to a place where children will not have to grow up like I did.”
My story is not the same as every LGBTQ+ individual around the country, and certainly not across the globe. Every day, I wake up hoping that I do not hear of another story about a Matthew Shepard or Pulse Nightclub tragedy. To live as an open member of the LGBTQ+ community is to live in a constant state of worry. You may not always feel it, but the hum of it, however quiet it may be, still echoes through the back of your mind. It is a worry for your brothers, sisters, others of your community, and for yourself. This infringes upon our right to security, as we are afraid to be ourselves in public spaces. This fear even extends to private places because for many, our families are the main aggressors. For youths who suffer through the pain of oppression at the hands their family, there is never a true sense of peace.
I have faced discrimination throughout the course of my life. Based on my rumored sexuality, I experienced exclusion from many of things. It is a pivotal moment in one’s life when they choose to come out. It is a time that you accept all the ridicule, the torment, and the imminent threat of attack. I have emotional scars from peers and family that still haunt me to this day. Yet, what hurts me most is the look in another person’s eyes when they become aware of my sexuality; it is that look—from people whom I have never met—which is devastating. How can someone who knows nothing about me, judge me?
While the future for American LGBTQ+ youth seems frightening and uncertain, it is nothing compared to those of the LGBTQ+ community across the globe. A LGBTQ+ youth in the Middle East and Northern Africa has a different perspective based upon cultural experience and a belief that there is no hope and fear that there never will be–an upbringing filled with trials comparatively different to those I suffered as a youth. Living as an open member of the LGBTQ+ community in a Muslim country can potentially turn into a life threatening choice. Imagine that: telling your friends and family who you are, and then fearing that your life could end at that exact moment. That fear, no matter how far from home, affects us all.
Turkey is one of the few Middle Eastern countries where homosexuality is legal. Unfortunately, homophobia is still very prevalent so when a group of members from the community tried to initiate their own Pride festival, local authorities shot them with water cannons, rubber bullets, and sprayed them with tear gas. Across the Middle East, there are standing laws to persecute those of the LGBTQ+ community, including imprisonment for up to 10 years. In Ancient Egypt, being gay or lesbian was a godlike quality; however, in modern times, homosexuality is viewed as sin and punishable by death. When the White House went up in rainbow colored lights in 2015, the authorities in Saudi Arabia went on the hunt. Children face death around the country for “deviant” behavior by their own governments. A privately run school in Riyadh was fined $26,500 (in U.S. dollars) for painting the rooftop in rainbow stripes, and one of the administrators for the school was jailed for allowing such a “monstrosity”. Afghanistan banned the decorating of cars with rainbow stickers because it “may be misinterpreted.” In Iran, Yemen, and other Middle Eastern countries, many face execution for engaging in sodomy.
An assembly was called on in 2015 by the United States and Chile to bring light to the attacks on the LGBTQ+ community that are prominent in the Middle East, specifically by the Islamic State. Syrian refugees who fled their war-torn homeland spoke to the United Nations about what their life and the suffering they endured. One man admitted to hiding his sexuality his entire life, saying, “In my society, being gay means death.” Another man told of his witnessing of an al-Qaeda affiliated group taking control of his hometown and began torturing and murdering men that others thought to be gay. Cheering audiences attended the executions of gay men. Some men, tossed from building ledges, meet their death; however, for those who do not die upon impact, the hateful crowd stoned them to death.
Institutionalized discrimination is a prominent threat no matter where one may look across the globe.
In the south and in the US, we feel criminalized; in the Middle East, we are criminalized.
Being a part of a marginalized community has affected me in many negative ways, but also in positive ways. I feel a commonality with people I have never met and will likely never have the luxury of doing. As a part of the community, I am “branded in rainbow”, which is the most fulfilling feeling that I had experienced. I chose to take all of the negativity that surrounded me and channel it into positivity. This community and a shared experience has made me stronger, more confident, and allowed me to channel my anger by turning it into passion. As a member of this community, I implore you to become more accepting of the people around you, no matter where you may be from or what you may practice. It is powerful to feel human, and it is a feeling we all deserve.
Continuity and Change on the Korean Peninsula
**As Kim Jong-un and Donald Trump prepare for the North Korean Summit in Singapore on Tuesday, this repost from last Spring sheds light on the complexity and seriousness of this summit.
by GRIFFIN LEONARD
A lot has been said recently about the seemingly worsening relationship between the US and Democratic People’s Republic of North Korea (DPRK). Unsurprisingly, much of the commentary revolves around the Trump Administration at a time where the new President seems confronted by numerous international “situations.” The dropping of a MOAB in Afghanistan and missile strikes against Syria, when taken together with heightened tensions between the US and the DPRK, paint a broader picture of the direction the Trump Presidency is taking. While this may be helpful to Americans as they try to understand their President’s decisions, putting Trump as the centerpiece of analysis has the dangerous potential to obscure other important factors, namely the continuity and change that has marked the US-DPRK relationship. Only by including both in our analysis can we begin to understand the events unfolding on the Korean Peninsula.
Like any relationship, that of the US and DPRK does not exist in a vacuum. Their bilateral relations are well known. Diplomatic efforts have failed to yield real progress towards a resolution of the tensions on the Korean Peninsula, much less move towards a sustainable arrangement between the parties involved there. Border incidents that have claimed the lives of South Koreans, North Koreans and Americans have been ongoing for as long as the current border has existed. These incidents have, of course, been the cause of heightened tensions at different times between the US and DPRK.
The relationship is also subject to changes in the international environment. Authoritarian practices in South Korea following the end of the Korean War forced the US to consider what exactly the South Korean people had inherited from the devastating conflict. The terrorist attacks of September 11th 2001 raised concerns of nuclear terrorism and therefore nuclear proliferation more generally. The growing power of China in military and economic terms continues to raise the significance of the steps they are or are not willing to take in trying to tackle the issues at hand on the Korean Peninsula. These and other global trends influence the measure of significance which the US attaches to the Korean Peninsula at any given time; and the way by which they choose to engage with the DPRK.
There is no doubt that the election of Donald Trump could be, or cause, another significant change in the US–DPRK relationship. Of central importance is Trump’s demonstrated impulsive and inconsistent behaviour, especially when it comes to how he communicates with others. He differs from other Presidents because not only are the policies towards adversaries and allies in question, but as an international community, we find ourselves wondering how he will behave on a more basic level. Will he put aside basic and long-standing diplomatic decorum, aggravating other world leaders with hostile rhetoric akin to what he employed during his campaign for the Presidency?
The same countries and their leaders that Trump dealt out insults to as 2016 ticked by are the same countries and leaders that he must deal with in 2017.
Of more concern is whether Trump will be able to communicate a clear message to adversaries at all. It remains to be seen whether Trump can frame the many public announcements he has to make in a way that appeals to his domestic support base (something all politicians do) but also conveys the US’ position on important matters to other world leaders, adversary and ally. Doing this requires consistency and coherency across the many mediums through which the President now communicates: social media, informal television interviews and formal White House events and statements. The outlook is not good so far.
It has been widely reported that the Trump Administration’s statements regarding the DPRK have been hostile and inflammatory. This is undoubtedly true. An important aspect to note is that through deliberate decision-making or gaffe, much of the communication by the Trump Administration has created confusion among the parties invested in the Korean Peninsula.
I will explain this point using two examples. First, the vague statement released by Secretary of State, Rex Tillerson, following a recent missile test by the DPRK and Trump’s refusal to answer questions on the matter on American television. Trump has long promoted the idea that not to reveal his next move is, in and of itself, a smart move. The issue is that when states do not want to fight over an issue, they seek information about how far they can push their luck, making as large a gain as possible (whether this be in terms of prestige or something more material) while avoiding direct conflict. In other words, they attempt to discern when to yield. To do this, a state must have some idea of what their adversary is willing and/or capable of doing to resolve a dispute in their own favour.
For all the absurdities of the North Korean regime, it is highly unlikely that they want to ever see a direct confrontation with the US. Vagueness on the part of the Trump Administration keeps the DPRK in the dark as to where the line is and increases the chance that they will trip right over it. The DPRK wants to make gains in the form of developing its missile capability. Trump needs to find a way of communicating to their leadership when, where and how the US is willing to act; therefore, talks with DPRK are far from being complete.
The second example is the mistake made by Trump and other officials when an “armada” heading towards Australia was said to be heading in the direction of North Korea. Inaccurate information compounds all the issues related to ambiguity mentioned above. What is more, this error unsettled South Korea with politicians and media outlets questioning Trump’s will and ability to deal with the DPRK. This response should, perhaps, not be unexpected. Given their common border, the DPRK could inflict massive damage on South Korea through conventional weapons alone. Similarly, Japan feels threatens due to their proximity and the 50,000 US troops stationed there. Experts vary in their predictions of by which date the DPRK could develop a missile capable of reaching the US.
Taking these two examples together, while it is clear the rhetoric emanating from the White House is inflammatory, it is less clear whether it is effectively conveying information to the parties involved regarding America’s stance and intentions.
It is important to say that this is not simply a matter of finding Trump to be a distasteful person. His public performance in dealing with this issue is of real significance. While academics debate whether rhetoric utilised by politicians has any influence over the course of events in foreign affairs, policy makers themselves seem to place great importance on the public pronouncements made by state officials. In reading the autobiographies of former US Presidents, one quickly realises that they believe their words are important in directing the course of events; therefore, we should not be surprised that politicians place a lot of value in their own words! The South Korean response to Trump’s mistake in stating that the US was sending an armada towards the Korean Peninsula is an indicator of the importance that other world leaders place in the statements of their colleagues. Trump’s statements can heighten tensions with adversaries and offend allies whom he claims he would persuade to take more of the financial burden of dealing with said adversaries.
Regarding the DPRK, few governments, if any, are so committed to the “performance” of governance. Large portions of the DPRK’s state structure are committed to promoting the party line to both the domestic population of North Korea and the international community. Strict media and Internet control by the state demonstrates the significance attached to the control of public information.
DPRK officials do this precisely because they know that other state leaders and intelligence agencies monitor speeches by regime officials, television broadcasts, and internet traffic, to read between the lines and get a better picture of what happens in their secretive society. Similarly, they would remain committed to trying to glean information from the televised interviews, public speeches and, yes, even tweets of Donald Trump’s Administration. To think otherwise is naïve.
It is easy to allow our focus to drift too quickly to new developments in this unfolding situation. Some elements of the continued tension between the US and DPRK, while not as exciting or topical as Trump’s Presidency, are equally as important in explaining the current state of affairs. One such element is the presence of nuclear weapons. Three parties involved in the dispute, the DPRK, US and China, are nuclear capable to one degree or another.
In an indictment of nuclear deterrence theory, the very manoeuvres–diplomatic, military and otherwise–that both the US and DPRK make due to the significance they attribute to a dispute in which nuclear weapons are involved, may be the very thing that, deliberately or otherwise, spark the use of military force on the Peninsula. Even if it were true that, as proponents of nuclear deterrence advocate, weapons of mass destruction make the cost of entering and engaging in conflict so high that no reasonable state leader would consider doing so, the constant need to balance armaments leads to an arms race that only serves to heighten the tensions one wishes to avoid, increasing the risk of unplanned escalation. It should not be lost on us that this current round of tensions was triggered, in large part, by exactly this: the DPRK undertaking missile tests. Moreover, as explained below, not only could state leaders consider using nuclear weapons despite knowing the consequences, they have!
It is simply a convenient out to equate the problems generated by nuclear weapons with the current occupant of the White House. Throughout his presidential campaign, the question of whether (Trump) was the “type of person” that we would want having control of the US nuclear arsenal was often raised. While this question is reasonable at face value, it suggests that the threat of nuclear weapons does not have so much to do with the weapons themselves as the person empowered to use them or the state that possesses them.
As to the last point, having to ask this question of US electoral candidates belies the idea that certain types of states can be trusted to possess nuclear weapons. One could argue that democratically elected leaders must consider domestic support for a decision to use nuclear weapons, whereas dictators do not. However, of all the situations in which we can imagine decision-makers considering the use of nuclear weapons, cases in which contemplation could be given to domestic support for the idea make up only a small portion. It is likely that such a situation would be characterised by small time-horizons and partial information. If nothing else, it is perfectly consistent with democratic systems that a person we would not want in charge of nuclear weapons can be elected.
Here we are back to the notion of whom. If there are types of people we cannot trust to be in charge of nuclear weapons then perhaps there are types of people that we can trust too?
In the well-known documentary, The Fog of War, in which Robert McNamara imparts lessons from his life, he describes the parties involved (and the world) as having “lucked out” in avoiding nuclear confrontation during the Cold War and the Cuban Missile Crisis. Regardless of what one thinks of John F. Kennedy, perhaps it is not too strong to say that he was a more experienced political operator than Donald Trump. Yet, even JFK and the leaders of the Soviet Union and Cuba–all rational people, per McNamara, came exceptionally close to making decisions that could end their societies, as they knew them. McNamara concludes the combination of human fallibility and nuclear weapons will destroy nations. This is not due to the character of one particular person but the inescapably imperfect process of human decision-making.
The failure to understand both the current events and long-term processes at work in this situation has consequences beyond a lacking analysis. Trump and the members of his administration need to be included in any understanding of US-DPRK relations. On one hand, the Trump Administration undoubtedly plays a role in determining the course of events regarding the Korean Peninsula, so attempts to downplay the administration’s significance is to remove their accountability for the dispute’s trajectory. On the other hand, to ignore ongoing issues, such as the presence of nuclear weapons in this dispute, suggests a fatalistic perspective where the resolution of all international affairs rests on the shoulders of one person – the US President. There are a multitude of drivers of this conflict and thus a multitude of levers that can be pulled in trying to steer the course of events towards a peaceful resolution. Groups of concerned people tackling the issue of continued nuclear stockpiling are only one example. While we rightly continue to understand our political leaders’ decisions, holding them to account for the consequences thereof, it is important to remember that they are not the sole causes or agents of social change.
Griffin Leonard is a third year PhD candidate at the National Centre for Peace and Conflict Studies, University of Otago. His research analyses the role of US Presidential rhetoric in determining militarised interstate dispute outcomes involving the US since 1950. His expertise is in American foreign policy and diplomatic history.
Women’s Rights are Human Rights: Ireland Continues to Criminalize Abortion
Tomorrow, May 25, Ireland will vote on a referendum of their Eighth Amendment: the abortion amendment. The referendum posits safe and regulated healthcare, as well as the removal of the stigma placed on both the women who seek abortions and the doctors who perform them. **This is a repost from the fall of 2016.
Abortion. It is a heavily debated topic. From the beginning, its very existence is consistently brought up in philosophy papers and classes as a moral question. The negative connotation associated with abortion can make many people cringe when they simply hear the word. In the United States, it is an issue that conservatives and progressives rally around, but for different reasons. Classic conservative ideology revolves around public virtue, self-reliance, freedom, and cultural solidarity. One might argue that if classic conservatism highly values freedom, then the ideology would advocate for the freedom to choose whether to have an abortion or not. However, modern conservatism has implemented a little twist in such ideological freedom. Modern conservatism has emphasized the nuclear family model and to a degree, Christianity. Ronald Reagan once said, “We cannot diminish the value of one category of life — the unborn — without diminishing the value of all human life.” We see a shift in ideological values. The argument could be made that modern conservatives still value freedom as much as the classic conservative ideology does. The new paradigm frames the issue of abortion as not about the freedom to choose, but rather the act of having an abortion is committing the act of murder. This places a negative stigma with regards to abortion due to the fact that murder is socially condemned and lawfully illegal. Progressive ideology tends to promote social justice, egalitarianism, and inclusiveness. It tends to frame the issue of abortion as the mother’s right to choose whether to continue the pregnancy or not because a fetus is a part of her body, and not a human being considering that it has not been birthed. The belief that abortion is immoral stems from the emphasis on family values as well as religious interpretations that consider abortion an act of murder. In relation to all of these things, is it fair for a national government to ban abortion? I’m not talking about defunding Planned Parenthood or limiting the amount of abortion clinics in a country. Is it fair for a national government to blatantly make abortion illegal and a punishable crime? The United Nations Human Rights Committee doesn’t think so in relation to Ireland’s ban on abortion.
Ireland’s deep-rooted Catholic tradition appears in many of its laws, one of those being the country’s eighth constitutional amendment. The amendment of 1983 established a nationwide ban on abortion. The amendment reads: “The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.” It can be debated that this amendment implies that the unborn fetus has more rights than the person carrying the child. So, when it comes to the United Nation’s definition of Human Rights, who do those rights extend to? Can an unborn fetus have human rights? Once again, the United Nations says “no.” The broad definition of human rights given to us by the UN states “human rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity.” The word “individual” has been deemed insufficient as to identifying if that entity must have already been born in order to take ownership over human rights. Due to the need for clarification on what makes someone an “individual,” there have been a few other conventions and commissions within the UN that has attempted to resolve such confusion on this controversial issue. For example, the Convention on the Rights of the Child does not identify one’s right to life until birth. However, the CRC does say, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” Rhonda Copelon, Christina Zampas, Elizabeth Brusie, and Jacqueline deVore argue that “this reflects, at most, recognition of a state’s duty to promote, through nutrition, health and support directed to the pregnant woman, a child’s capacity to survive and thrive after birth…” They also argue that access to safe abortions to pregnant adolescent women is a human right given to women under the right to adequate health. That is, providing safe abortions will decrease the maternal mortality rate due to the decrease in unsafe abortions.
Ireland’s law on abortion insinuates that if the fetus has any sort of problems in the womb, that the mother will still be subject to carry it to full term. In the 2011 case of Amanda Mellet, 21 weeks into pregnancy, the fetus was diagnosed with Edwards’ Syndrome and congenital heart defects that led doctors to believe that it would either die in the womb, or perhaps only live a few hours after being born. Amanda and her husband had requested an exception to the ban on abortion because of the emotional toll that carrying the fetus to full term would bring upon the both of them, but especially for Amanda who would literally have to carry the fetus whose life was already predetermined to end in just a matter of time. The Mellet couple was denied such an exception due to the fact that the mother’s life was not at risk. However, they traveled to Liverpool where they would be provided a safe abortion by a doctor without being criminalized.
Ireland’s abortion ban carries a heavy weight on the issue of the mother’s health. Although Irish Law claims that the only exception for a woman to get an abortion is if her life is at risk, doctors claim that the language used for exceptions is very vague and medical professionals would rather not perform one at all rather than risk going to prison for following their own interpretation of the exception to the law. In 2012, Savita Halappanavar was in extreme physical and emotional discomfort when she knew she was miscarrying, but her request for an abortion was denied because doctors said that the fetus still had a heartbeat. She arrived at the hospital on Saturday. On Wednesday, it was discovered that the heartbeat of the fetus had stopped; Savita died due to septicemia one week after arriving at the hospital. It is believed that if the doctors would have performed an abortion, Savita would have lived.
The United Nations Human Rights Committee ruled that Ireland’s abortion ban is a violation of women’s human rights because the law “subjects a woman to cruel, inhuman, and degrading treatment.” Such a ruling should not come as a shock to the international community considering UN legislation has insisted that the rights of the unborn are non-existent. Ireland’s law arguably gives more rights to the unborn than it gives to the human. Ireland is creating a social stigma that labels women who get an abortion as murderers and criminals.
Under Irish law, women who have had an abortion within the country are subject to up to fourteen years in prison. So, what’s the solution? Ireland insists that women who want access to a safe abortion should get one out of the country. According to Amnesty UK, a minimum of ten women and girls travel out of Ireland and into England every day in order to get access to a safe and legal abortion. However, not everyone is fortunate enough to travel out of the country to acquire proper medical treatment due to the expense of making such a trip. Also, those who are refugees or asylum seekers are not legally able to leave Ireland at all. Therefore, although Ireland may think that they are being reasonable by allowing women to receive abortions elsewhere, they are still impeding on the human rights of women. Even for the ones who can afford to travel, it is still an expense and a nuisance to have to leave one’s own country for such a procedure; especially for those who are experiencing extreme pain and suffering due to a complicated pregnancy.
The United Nations Human Rights Committee looked at the case of Amanda Mellet (the Center for Reproductive Rights filed a complaint for her) and found that her human rights were being violated under articles 7, 17, and 26 of the International Covenant on Civil and Political Rights. I commend Ireland on accepting marriage equality, but it is now time to recognize the rights of women. Women have been denied certain rights for so long and although we have gained many, the good fight is not over. The same government who says that it is okay for same sex couples to marry should be the same government that allows women the right to terminate a pregnancy.
Child marriage and the human rights of girls
Delaware, on May 9, 2018, became the first US state to prohibit child marriage, removing loopholes and exceptions that currently exists in marriage laws in every other state. This historic legislation–the first of its kind in the US–champions and protects the rights of children, especially girls. **This blog is a repost from 2016.
Imagine for a moment that you are a 13-year-old girl. Your parents are no longer as cool as they were when you were in elementary school but life on the whole is pretty chill. With the exception of awkward junior high encounters with people of the opposite sex, the occasional bully, unbearable PE class, and dreadful puberty, being a kid isn’t awful. Personally, you’ve graduated from earning coins for your chores to actual dollar bills and from having a pink room filled with stuffed animals to one with posters of your favorite boy band and magazine cutouts of women you want to dress like when you turn 18. At 18, real life happens. At 18, you’re an adult and the whole world knows it! Everything about your 13-year-old life is moving towards adulthood until your parents let you know that one of their friends is interested in marrying you. He is a nice man who is at least 10, 20, 30 years older than you so he will be able to take care of you, just like you were his own child. Except that you would not be his child, you’d be his wife. In all the ways a wife takes care of a husband…
Children are not small adults. They are molded by socialization as a result of the physical and cultural contexts of their lives (Boothby, 2006; Goodhart, 2013). They are vulnerably presented and completely dependent upon adults, typically parents, for the purpose of nurturing potential and protecting innocence (Garbarino, 1991). Garbarino asserts, “childhood is a special period in the life course when we shield the individual from the direct demands of the economic, sexual, and political forces of the adult world” (p. 10). Childhood is the loci for growth and development.
The United Nations International Convention on the Rights of the Child (CRC), signed in 1989, defines who qualifies as a child and outlines ideas on how to care for those most vulnerable among us. For the purpose of this blog post, I will appropriate the definition of a child as defined by the CRC:
The Convention defines a ‘child’ as a person below the age of 18, unless the laws of a particular country set the legal age for adulthood younger. The Committee on the Rights of the Child, the monitoring body for the Convention, has encouraged States to review the age of majority if it is set below 18 and to increase the level of protection for all children under 18.
The notion of childhood was recognized as law by the international community with the passage of the CRC (Garbarino, 1991; Goodhart, 2013). The childhood experiences of the female differ so dramatically from the male. In 2013, Malala Yousafzai’s speech to the UN leadership, reintroduced the female experience into the global narrative as she requested improvement for and protection of the rights of women and girls. There is a significant disparity and cultural bias when attempting to define the daily lives of children, particularly girls, living in the global South and developing nations as compared to those in the global North and developed nations (Boothby, 2006). The United States of America is the only country in the world that has not ratified the CRC.
Child marriage is legal in the United States. In Massachusetts between 2010 and 2014, 200 children were married. The state does not have a “minimum age to get married, as long as minors receive judicial approval. Minors don’t need a lawyer, and the petition is only half a page. Parental approval is required, although with several exceptions.”
There were 4,500 children married over the course of 2004-2013 in the state of Virginia, and more than 200 of them were under the age of 15. On July 1, 2016, the state of Virginia passed a law that only adults could marry in the state. This new law replaced portions of the marriage law that had allowed for girls “13 or younger to marry if she had parental consent and was pregnant.” The new law has set the minimum marriage age at 18 but it also allows for emancipated minors of 16 to enter into marriage if a judge decides to overrule the law. Judges have the power to overturn this newly implemented law on the basis of four ideas:
- If the minor is not being compelled to marry
- If the parties are mature enough to get married
- If the marriage will not endanger the minor
- If marriage is in the best interest of the minor
Child marriage is illegal in some parts of the world, although it is common. Guatemala has recently increased the age of marriage to 18, while acknowledging there will need to be a cultural paradigm as to the relevant implication of “recognizing the full potential of girls and reframing how girls should be treated in society”. In Nigeria, child marriage is illegal; however, in the Northern, predominantly Muslim region of the country, the law is implied rather than enforced. Fifteen year-old Nigerian Wasila Tasi’u is a murderer. She poisoned her 35-year-old husband and three other men. For ten months, Tasi’u awaited trial in a Nigerian jail where she faced the death penalty. She was acquitted and will live with a foster family. Maryam Uwais believes this to be “an entirely avoidable tragedy, leaving in its wake four dead men and a thoroughly traumatised little girl. Poison – the only feasible escape to freedom – devised from the wild imagination of a naive, depressed little girl caught up in a painful forced marriage to a much older man. A tough lesson for families, communities and a government that is still ambivalent about sanctioning the perpetrators of child marriage.” The social justice organization, Girls Not Brides, has ranked Nigeria 13th in countries with the highest rates of child marriage, despite a governmental declaration entitled, Child Rights Act of 2003–which was created to make every action concerning a child and his/her best interest, a paramount consideration.
Child marriage impacts the female child more than the male child. Childhood creates the revelation of identity.
Young females in the West and developing nations should capitalize on their girlhood, embracing it as a time to discover themselves—their identity, their relationships with men, what boundaries or rules they can break without consequence, and to receive an education.
For child brides, the whimsy of girlhood is non-existent because they enter womanhood before they fully grasp puberty. The US has relegated the creation and implementation of marriage laws to the state level. The age of majority is 18 in the US. Although the state law of Virginia or Alabama [AL code 30-1-4] allows for a 16-year-old to marry, majority of Americans as well as the international world, she is still a minor who cannot vote, buy alcohol, work after 8pm, and possibly carries a high school identification card. For the thousands of children—90% of whom are girls—this change comes too late.
Child marriage does not take place solely in poor communities. In Virginia, the new law arose when Sen. Jill Holtzman Vogel learned that a high school student in an affluent Northern Virginia district dropped out of school when she married a man in his fifties. The marriage, granted by the parents, halted all child-protection services. It is illegal to engage in sexual activities with a minor yet marriage laws make allowances and create caveats for offenders to marry their victims, rather than facing justice for their illegal behavior. Jeanne Smoot of Tahirih Justice Center states that the “laws can facilitate forced marriages of children.” It is to be understood that not all marriages are forced; however, who is standing up for the rights of the child to remain a child? The laws may not facilitate forced marriage of children, but they are failing to protect children from the threat of human trafficking, statutory rape, divorce, child abuse, domestic violence, poverty, mental health issues, premature death, and becoming a murderer.
Child marriage makes children targets because the authorities given agency to ensure their best interest aren’t always acting on the behalf of the child. Fraidy Reiss declares that children are not equipped to live and play in an adult world, considering the imbalance of power when married to an adult and lacking adequate resources to acquire help and freedom. Gerison Lansdown, Tony Waterson, and David Baum acknowledge that governments are failing to honor the four principles of the CRC as they relate to the world’s children, but also argue that lack of knowledge within civil society is not a valid excuse. “Ultimately the government is responsible for the full implementation of the convention” and everyone working with children need to do their part in helping to protect their rights (1565-6). Diana Francis identifies it as “people power.” People power is the decision to act at “any level…ensuring that those who have been the subjects of structures of domination discover and develop the power to participate in what affects them” (Francis, 2002). In other words, it is the voice of the collective speaking up for those who cannot speak for themselves, in order to arrive at justice and democracy for all.
Ending child marriage around the world is an essential target in achieving gender equality and the empowerment of women and girls as a Sustainable Development Goal of the UN. The UN is responsible for global governance. It offers suggestions that may be refused if the country deems it is not in their best interest. Joel Oestreich says that despite being considered a Western ideal, countries have signed the CRC, recognizing it as a model of international consensus building and allowing UNICEF to work intra-nationally as well as internationally in order to provide the implantation of CRC standards as a way of life for the children (184). African nations have identified the necessity of bringing an end to child marriage; there needs to be long-term strategies, governmental infrastructure, and a responsible civil society working together to see an advancement. The same can be said of the United States. As a result of the Virginia legislation, bills are set to pass in California, New York, Maryland, and New Jersey. Nelson Mandela concluded that each of us as citizens, has a role to play in creating a better world for our children.
Boothby, Neil, Alison Strang and Michael Wessells. A world turned upside down: Social Ecological Approaches to Children in War Zones. Connecticut: Kumarian Press, 2006. Print.
Francis, Diana. People, Peace and Power: Conflict Transformation Across Cultures. London: Pluto, 2002. Print.
Garbarino, James, Kathleen Kostelny and Nancy Dubrow. No place to be a Child: Growing Up in a War Zone. Massachusetts: Lexington, 1991. Print.
Goodhart, Michael. Human Rights: Politics and Practice. United Kingdom: Oxford University Press, 2013. Print.
Callaway, Rhonda L. and Julie Harrelson-Stephens. Exploring International Human Rights: Critical Connection – Studies in Peace, Democracy, and Human Rights. Colorado: Lynne Rienner Publishers, Inc., 2007. Print.
America’s Child Marriage Problem by NY Times
Child Marriage is an unseen problem in US by Boston Globe
Protests: Movement Towards Civil Rights
** The National Walkout Day last week and the upcoming March for Our Lives protests organized by the surviving students of the Parkland school shooting in February has prompted this blog repost from 2016.
Have you ever considered the pilgrims’ decision to leave England over religious freedoms, as a protest? Or slave rebellions as a protest to the dehumanizing treatment of being viewed as less than human or 3/5 of a person? Or the suffragettes dressed in white marching for the constitutional right to vote? Often most people point to protest images of the Civil Rights movement or Vietnam War as finite examples of protest, believing that protests are a thing of the past and no longer applicable in 2016. What I find fascinating is how quickly a protest is discounted as merely a group of unsatisfied people gathering together under a banner of their perceived oppression.
I use the phrase “perceived oppression” because it was used as a matter of fact, rather than projected opinion, by Facebook webstar Tomi Lahren in an interview two weeks ago. During a segment, Lahren assumed that Colin Kaepernick’s national anthem protest was rooted in his “perceived oppression” about how black people and people of color are treated in this country. Aside from The Daily Show audience, Tomi Lahren’s videos boast between 7-17 million views – an incredible feat for someone who doesn’t seem to understand the power of her platform. Lahren is entitled to her opinion. She is granted that right as a human being and a citizen of this country, as written in the first amendment. Additionally, Colin Kaepernick, Black Lives Matter, gay rights activists, and anti-abortionists do too. Here’s where I have issue: the lack of regard for fact and truth. So where does a disregard for truth and fact leave the minorities who are oppressed? They remain outcasts due to opinion rather finding allies through fact.
The fact is oppression is real.
It is not just an impact felt by American minorities; it is an international way of societal coexistence to which the natural response is protest and resistance. **For the sake of this blog, the term ‘minority’ means every group that is not a part of the majority, whether by race, gender, class, ethnicity, sexual orientation, and/or ability.
Many have concluded that the not-so-silent white majority came out in force in support of Trump over Clinton in this election. The narrative is that for the past 6-8 years, their voices had been silenced under a lack of jobs, healthcare, and education. In this election and with this new president, their voices are now being heard. Yet, what about the voices of the minority groups who have been asking for the same things for longer than 6-8 years… how about centuries? When and how will their voices be heard?
Most major languages have a word for violence; however, the idea of nonviolence is the combination of the words that mean ‘not violence’. The Sanskrit word, ahimsa, means ‘not doing harm’, and Mahatma Gandhi reiterated that ahimsa “does not mean meek submission to the will of the evildoer, but it means pitting one’s whole soul against the will of the tyrant.” Gandhi and Dr. Martin Luther King, Jr. are names synonymous to the principle and practice of nonviolent resistance.
Gandhi was the first to explore the expansion of nonviolence from an individual lifestyle into a concerted political and social justice strategy, believing that nonviolence was used with more frequency and brought about more success than violence. Dr. Erica Chenoweth and Maria Stephan analyzed 323 violent and nonviolent resistance movement from over 100 years, substantiating Gandhi’s claim: “nonviolent resistance campaigns were nearly twice as likely to achieve full or partial success as their violent counterparts.” Dr. Stephen Zunes concludes that nonviolent action, in the form of resistance, has been taking place as a part of political life for centuries. It is their success which has garnered attention as the cause of human rights has advanced as a direct result of “toppling or dramatically reforming repressive regimes.” Nonviolence protest is a deliberate tool for social change. It is not an ad hoc strategy. It is, rather, a methodical method of struggle which is no longer simply rooted in religious or ethical principles. Gene Sharp labels it as political defiance.
So what is protest?
Protest is a right. The first amendment of our Constitution grants all Americans the right to peaceful assembly and to express dissatisfaction to the government. Additionally, according to Article 20 of the Universal Declaration of Human Rights (UDHR), peaceful assembly has been declared a human right. The clarifying word is peaceful, or nonviolent, in both documents. It is imperative to understand that a riot is not a right.
Protest is different to riot. Dr. King emphasized that the riot is socially destructive and self-defeating but it is also the “language of the unheard,” thus the counteraction to a riot is to organize in nonviolent resistance based on the principle of love.
Protest is not passive. Students in Serbia (Yugoslavia) organized a nonviolent resistance in cities around the country as a means of protesting the dictatorship of Slobodan Milosevic. They called themselves, Otpor!. By adapting Gene Sharp’s book as a manual, Otpor! positioned themselves under a threefold banner of unity, planning, and nonviolent discipline. The strategy was nonviolent resistance with concerts, sprayed painted slogans, and ridicule of the government, including a “birthday party for Milosevic”. The resistance which began as a student-led protest became a movement of more than 700,000, resulting in an overthrown government.
Protest is the struggle for recognition of an injustice. By honing in on societal structural violence, which is made manifest through cultural and social institutions, nonviolent protests are not about ‘attacking people’ as much as they are about calling attention to and addressing the “psychological, social, economic, and political weapons applied by the population and the institutions of the society”, believes Gene Sharp. In New York City 1985, at the height of the AIDS epidemic, the gay community and their heterosexual allies took to the streets in protest of governmental failure to fund and research a cure. At the time, millions of people worldwide had succumbed to AIDS-related illnesses. Activists under the banner of ACT UP and TAG sought to bring awareness and solution to governmental decision to penalize human beings for their lifestyle choice. Therefore, not only were they denied their constitutional right to protest but their human right to medical care which is included in the standard of living, identified in Article 25 of the Universal Declaration of Human Rights (UDHR).
The UDHR is the international standard for the treatment of human beings. The document sheds light on Dr. King’s pronouncement that “Justice is indivisible. Injustice anywhere is a threat to justice everywhere.” What interesting is that the Pledge of Allegiance and the Constitution of the United States of America both speak of liberty and justice is for all, and that all men are created equal. Equality is a misnomer for some citizens of this country and the world.
How does justice exist for all if you are the target of a hate crime or laws designed against you?
Gandhi said, “The first condition of nonviolence is justice all round in every department of life. Perhaps, it is too much to expect of human nature. I do not, however, think so. No one should dogmatize the capacity of human nature for degradation or exaltation.” To find justice all round in every department of life, a person must begin with self. Johann Gottlieb Fichte announced, “if you are to see differently, you must first of all become different.”
Protest is the courageous outward expression of inner dissatisfaction or disapproval. Angela Y. Davis asserts that the struggle is exemplified in protest. Grassroots nonviolent movements, or as Diana Francis refers to them as “people power” movements, have consistently challenged repressive and unjust systems for generations. So what can you do to join nonviolent resistance movements which seek to expose and eradicate structural violence directed at minorities in the form of oppression and repression? Adapt four characteristics of a nonviolent ethic as exemplified in Gandhi and King. The four characteristics of identity and ethics from the lives of Dr. King and Gandhi are a compassionate, cosmopolitan worldview, a truthful reality, an educated voice, and love. As students of their work and life, we can possess and impress these characteristics upon others, transforming the world through personal change in order to garner social change.
- A compassionate, cosmopolitan worldview: The word cosmopolitan comes from the Greek words cosmo meaning world, as in universe not earth, and polis referring to the city that one owes loyalty. Voltaire says, “Cosmopolitans… regard all the peoples of the earth as so many branches of a single family, and the universe as a state, of which they, with innumerable other rational beings, are citizens, prompting together under the general laws of nature the perfection of the whole, while each in his own fashion is busy about his own well-being.” Therefore, the possession of a cosmopolitan worldview means we have placed ourselves under the loyalty of the world and the citizens who share this common space, with the added dimension of compassion.
- A truthful reality: A truthful reality is not a denial of the past. It is the understanding that the past and those who endured it, are the launching pad for those of us living in the present. Davis states, “in the 1960s we confronted issues that should have been resolved in the 1860s. And I’m making this point because what happens when 2060 rolls around? Will people still be addressing these same issues? And I also think it’s important for us to think forward and imagine future history in a way that is not restrained by our own lifetimes.”
- An educated voice: William Ellery Channing concluded that “others are affected by what I am, and say, and do. And these others have also their sphere of influence. So that a single act of mine may spread in widening circles through a nation or humanity.” Everett Rogers studies the diffusion of innovations in societies. He has concluded that for an idea–whether true or false, good or bad—to become embedded in society, it only takes 5% of the population to believe it, and if 20% become aware of the idea, it becomes unstoppable. In Rwanda, the genocide of Tutsis by Hutus in April 1994, was because of untruths spewed from the radio.
- Love: Dr. King professed that “love is the only creative, redemptive, transforming power in the universe.” The beauty of love is that you can love and disagree. Love is a choice. You choose to be ruled and guided by love, just as you choose to be ruled and guided by fact or opinion, or emotions and feelings.
Protest gives an AND rather than an OR.
A Culture of Sexual Assault
**As support for and sign of solidarity with the survivors of sexual assault, we repost this blog as a reminder that we hear, see, and fight with you #metoo.
April has been designated sexual assault awareness month. This blog is to inform about the culture of sexual assault, particularly rape. The term and language of “victim” in our culture, is utilized to reinforce victimization, rather than survivorship.
The Federal Bureau of Investigation (FBI) categorizes violent crime as murder and non-negligent manslaughter, rape, aggravated assault, and robbery. A Gallup poll collected in 2016 showed that Americans are now more worried about crime than they have been in years. Some crimes are faced head-on. These crimes are more easily categorized and motivations for committing such crimes are often more clearly defined; punishments for these crimes are more cut-and-dry and are much more strictly enforced. Other crimes, however, do not exhibit these same traits. Some crimes are very difficult to understand and motivations for committing such crimes are often skewed and unclearly defined; punishments for the crimes are wayward and loosely enforced. We find rape in this latter classification of violent crime.
It should be noted that it was not until 2013 that the word “forcible” was removed from the category of rape. This modification came in response to the also recent 2012 update to the United States Department of Justice (USDJ) definition of rape. From 1927 to 2012, The USDJ defined rape as “the carnal knowledge of a female, forcibly and against her will 1.” In 2012, the department updated this definition to “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim 2.” These recent trends have solicited an encouraging response from various state legislatures. Just last week, Senate Bill 0217 was passed in Maryland, updating the state’s dated legal definition of rape. The new definition clarifies that victims are not required to fight their attacker in order to establish that a crime has been committed 3. These legislative changes are extremely important as we move to fully understand and effectively address the issue of sexual assault. These not only reflect that it is not the presence of physical resistance that defines a rape, but rather the lack of consent. Also addressed is the reality that survivors of rape increase their chances of being maimed or killed if trying to physically resist the rape. These updates additionally highlight the reality that women are not the only ones who are vulnerable to being victims of sexual assault. While these small victories should be celebrated, the necessity for continued breakthrough action is still very apparent.
As we moved through the end of 2016 and into the beginning of 2017, headlines involving sexual assault have been consistently present, and public responses has been as troubling as the crimes themselves. In early September 2016, the controversial sentence of former Stanford University swimmer, Brock Turner, was cut short at just three months after he was convicted for sexually assaulting a woman. Turner, at his trial stated, “My intentions were not to rape a girl without her consent … I was just trying to hook up with a girl 4.” During his trial, the victim also read a letter to Turner regarding her assault in which she wrote, “You have been convicted of violating me, intentionally, forcibly, sexually, with malicious intent, and all you can admit to is consuming alcohol,” she wrote. “Do not talk about the sad way your life was upturned because alcohol made you do bad things. Figure out how to take responsibility for your own conduct 5.” Unfortunately for many who empathized with this young woman, the Santa Clara County Superior Court Judge, Aaron Persky, sided with letters from family members and supporters that Turner’s future would suffer if given the harshest penalties. Turner was sentenced to a mere six months in jail and was released after only serving three 6. In October of 2016, remarks made by President Trump were released during last year’s election in which he states “when you’re a star, they let you do it. You can do anything 7.” This comment was in reference to sexual advances made towards women by our now president. He goes on to make an iconic claim that was upsetting to many female, as well as male voters. While many were sure these highly un-presidential and unsettlingly sexually violent comments would bring an end to President Trump’s campaign success, they ultimately had very little impact and fell by the wayside as Trump proceeded to victory in the 2016 Election. Most recently, a Utah Judge has faced criticism as he tearfully sentenced former Mormon bishop, Keith Robert Vallejo, to up to life in prison for sexual assault this April 8. Judge Thomas Lowe stated that “The court has no doubt that Mr. Vallejo is an extraordinary, good man…But great men sometimes do bad things,” and in that same breath, sentenced Vallejo to five years to life in prison for object rape, and to consecutive sentences of one to five years in prison for 10 counts of forcible sexual abuse9. It is in these examples that we can see how little focus is placed on victims as we evaluate cases of sexual assault.
This void in focus on protecting victims and survivors become even more apparent when we look at the incredible volume of rapes that occur in the United States. In 2015 alone, the FBI reported that an estimated 90,185 rapes (rapes defined by the USDJ’s 1927 definition) reported to law enforcement10. In the United States one in five women and one in seventy-one men will be raped at some point in their lives 11. It should be noted that these numbers are only a rough representation of the actual number of sexual assaults that occur as rape is one of the most underreported crime in the United States with around 63% of cases going unreported yearly 12. Victims are blamed for placing themselves in high-risk situation or for engaging in high-risk behaviors. Claims by victims are often dismissed with the lack of physical force present in their accounts. Victims are additionally afforded little justice in the sentencing of their attackers as sentences are often short compared to other violent crimes and are rarely served in full.
In our negligence to consider victims we offer them very little room to become survivors. We deny victims the right we afford so many perpetrators of sexual assault – the right to move on with their lives. In refusing to acknowledge what so many have been through, we force them to face their experiences alone.
We make excuses to insulate sexual assailants from their crimes by citing their future and their cost to taxpayers in their incarceration. We often slough off sexually violent behavior as the norm without also evaluating the very real consequences of permitting such behavior. In reality, rape costs the United States more than any other crime, including homicide, at about $127 billion annually 13. Additionally, 81% of women and 35% of men report significant short-term or long-term impacts such as Post-Traumatic Stress Disorder (PTSD) following their attack 14. These are very quantifiable effects that result from sexual assault and yet we still tend to sympathize with perpetrators. We speculate over rape accusations as we cite the almost negligible percentage of false rape reports. Why is this the case?
Multiple sources cite that many individuals fail to allow themselves to accept their very real vulnerability to such crimes. We often find it comforting to think that victims can control whether or not they were raped, meaning that we can also control whether or not we are raped. We tell ourselves, “I would never wear a skirt that revealing, so I would never get raped,” or “I would never walk alone on that side of town, so I’m not at risk of being sexually assaulted.” Statements such as these are completely false, but when people say or think them, they create a distinction between those who get raped and those who don’t, when in fact there are no significant qualifying features of those who are raped. It’s somewhat of a mass-scale coping mechanism that allows us to inhibit empathy for victims as their reality is too brutal for us to identify with. What this coping-mechanism leaves us with is unnecessarily perpetuated, oversimplified, unfair, and ineffective methods for addressing sexual violence. Once again, it is the victims of sexual assault who suffer. Individuals weigh the costs of coming forward with reports of rape, leaving many cases unreported. Others face scrutiny and often harassment for claims made regarding sexual assault. In too many cases, those seeking justice and relief are backhandedly served with speculation and hopelessness as they fight a justice system that favors their attacker’s past and future rather than evaluating a crime that has been committed and the damage that has been done.
As improvements are made to various legislatures, we must continue to urge lawmakers and enforcers to rely on facts rather than traditional perceptions and feelings towards the issue. There is room for so much growth in our methods for understanding and addressing sexual assault and this growth can only be achieved as awareness increases and education is made more available. While there are plenty of cases that may leave us discouraged, we must not give up hope for progress in fighting not just against perpetrators of sexual violence, but for survivors of sexual violence. Offering support to victims has an incredible impact on their ability to become the inspiring survivors they have every right to be. If you find yourself sympathizing with a sexual assailant’s ability to move on with his or her life after a conviction and be rehabilitated, I urge you to consider also the ability of their victim to move on with his or her life and be rehabilitated. I understand that good people sometimes do bad things, but should this cliché cloud our judgment to the point that we do not hold individuals accountable for doing these bad things? Should we yield to traditional views surrounding this social issue? Or should we consider the facts and yield to our own uncertain vulnerabilities to such crimes? We could all be victims, and we should all actively work to foster a culture that takes this into consideration and has compassion for victims as we address each individual case.
1“An Updated Definition of Rape.” An Updated Definition of Rape. US Department of Justice, 2012. Web.
2 “An Updated Definition of Rape.” Web.
3 Jeltsen, Melissa. “Victims In Maryland No Longer Have To Prove They ‘Fought Back’ For Their Rapes To Be Crimes.” The Huffington Post. N.p., 19 Apr. 2017. Web.
4 Schwartz, Gadi. “Brock Turner, Convicted Sexual Assault Offender, Released From Jail After 3 Months.” NBC News. N.p., 2 Sept. 2016. Web.
5 Schwartz, Web.
6 Schwartz, Web.
7 The New York Times. “Transcript: Donald Trump’s Taped Comments About Women.” The New York Times. N.p., 8 Oct. 2016. Web.
8 Weiss, Debra Cassens. “Judge Is Criticized for Calling Ex-clergyman a ‘good Man’ before Sentencing Him for Sexual Assault.” ABA Journal. N.p., 17 Apr. 2017. Web.
9 Weiss, Web.
10 “Rape.” FBI. FBI, 16 Aug. 2016. Web.
11 Statistics about Sexual Violence. N.p.: National Sexual Violence Resource Center, 2015. PDF.
12 Statistics about Sexual Violence. PDF.
13 Statistics about Sexual Violence. PDF.
14 Statistics about Sexual Violence. PDF.
Venezuela: On the Brink of Collapse
Venezuela is not free. The Freedom in the World 2017 Profile rates their overall freedom status as Not Free with an aggregate score of 30/100. The most recent anti-government protests have persisted for eight weeks with a rising death toll of at least 60 as of Monday 29 May, as the far too often and routine clashes between protesters and police continue. Violence has heightened in recent days as the opposition marches for its four key demands:
- removal of the Supreme Court justices who issued the ruling on March 29th;
- general elections in 2017 (rather than 2018);
- creation of a “humanitarian channel” to allow the import of medication to counter severe shortages; and
- release of all the “political prisoners”
Both the government and opposition accuse each other of sending armed groups to sow violence during demonstrations. President Maduro has even gone as far as to accuse the opposition of terrorism. Food and medicine shortages plague the citizens of Venezuela as they struggle to fight for their own freedom and basic human rights. Many sources say the country is on the brink of collapse.
Consistent political tension has existed in the country since the death of former leader of the United Socialist Party (PSUV) Hugo Chaves in 2013, when President Nicolas Maduro came to power. The election left the country split into Chavistas (followers of the socialist policies of the late President Chaves) and those who wish to see an end to the PSUV’s 18 years in power. Opposition members claim the PSUV has eroded Venezuela’s democratic institutions and mismanaged its economy. In turn, Chavistas point the finger at the opposition for being elitists, who exploit poor Venezuelans for personal financial gain. Additionally, Chavistas allege that opposition leaders are in the pay of the United States, with whom Venezuela has had strained relations in recent years.
In early 2014, Venezuelan government began to respond to anti-government protests with brutal force. Security forces used excessive force against unarmed protesters and bystanders. These forces tolerated and even, at times, collaborated directly with armed pro-government gangs that violently assaulted protesters. Those detained and held incommunicado on military bases for at least 48 hours before appearing before a judge. In some cases, detainees were subject to severe beating, electric shocks or burns, and forced to squat or kneel for hours.
Maduro, in July 2015, deployed over 80,000 members of security forces in “Operation People’s Liberation” (OLP) to confront “rising security concerns”. Following raids in low-income and immigrant communities by both police and military forces resulted in public accusations of abuse, including extrajudicial killings, mass arbitrary detentions, maltreatment of detainees, forced evictions, the destruction of homes, and arbitrary deportations. The following February, Attorney General Luisa Ortega Diaz announced that 245 people had been killed in OLP raids during 2015 in “incidents in which ‘members of various security forces participated’”. Government cited that “those killed died during ‘confrontations’ with armed criminals,” despite witness accounts in at least 20 cases that do not include any sort of confrontation.
Human Rights Watch World Report on Venezuela (HRW) reveals tensions have only increased as arbitrary prosecution of political opponents has become more frequent and forceful. Leopoldo Lopez, an opposition leader, is serving a 13-year sentence in military prison for his alleged role in inciting violence during a demonstration in Caracas in February 2014, despite the lack of any credible evidence linking him to a crime. Several others arrested arbitrarily in connection to anti-government protests in 2014, remain detained or under house arrest while awaiting trial. The Bolivarian National Intelligence Service (SEBIN) detained dozens of individuals in 2016, citing they were planning, fomenting, or participating in violent anti-government actions, although many were, in fact, peaceful protests. Many detainees claim they were tortured or abused in custody. Detainees also report they were unable to speak with their families or attorneys for hours and/or days after their detaining. In many cases, much like Lopez’s, prosecutors failed to produces any plausible evidence associating charged persons with the crimes of which they were accused. Courts consider the possession of political materials, including pamphlets calling for the release of political prisoners, credible evidence in some cases.
HRW suggests Venezuela’s national distress heightened as “severe shortages of medicines and medical supplies make it extremely difficult for Venezuelans to obtain essential medical care”. In August 2016, a network of medical residents from public hospitals countrywide reported severe shortages of medicines in 76% of surveyed hospitals as compared to 67% the year before. Researchers found that infant and maternal mortality rates in 2016 were significantly higher than in previous years. Severe food shortages have made it extraordinarily problematic for many people to obtain adequate nutrition. Civil society groups and two Venezuelan universities conducted a survey in 2015 in which “87 percent of interviewees nationwide—most from low-income households—said they had difficulty purchasing food” and “[t]welve percent were eating two or fewer meals a day”.
The UN Human Rights Council scrutinized Venezuela’s human rights record in November 2016. Numerous states “urged Venezuela to cooperate with UN special procedures by addressing arbitrary detention, lack of judicial independence, and shortages of medicine and food; releasing persons detained for political reasons; respecting freedom of expression, association, and peaceful assembly; and ensuring that human rights defenders can conduct their work without reprisals”. Unfortunately, Venezuela has actively voted against the scrutiny of human rights violations as a member of the UN Human Rights Council, and has opposed resolutions associated with human rights abuses in North Korea, Syria, Belarus, and Iran.
The Venezuelan government has downplayed the severity of the country’s current state of crisis. Efforts to alleviate shortages have not been successful and have limited efforts to obtain available international humanitarian assistance. Measures taken by the Venezuelan government to restrict international funding of non-governmental organizations, along with unsubstantiated accusations by government officials and supporters that human rights defenders are seeking to undermine Venezuelan democracy, creates a hostile environment that restricts civil society groups from effectively promoting human rights. In early 2016, Maduro issued “a presidential decree that—in addition to declaring a ‘state of exception’ and granting himself the power to suspend rights—instructed the Foreign Affairs Ministry to suspend all agreements providing foreign funding to individuals or organizations when ‘it is presumed’ that such agreements ‘are used for political purposes or to destabilize the Republic’” (Venezuela, 2017). Maduro received two extensions to the state of exception – in September and in November.
A surprise announcement by the Venezuelan Supreme Court on March 29, 2017 was a key catalyst in sparking the current anti-government protest. The announcement disclosed that the Court would take over the powers of the opposition-controlled National Assembly–a ruling the opposition claimed would undermine the country’s separation of powers and push Venezuela one-step closer to a one-man, dictatorial rule under Maduro. The Court argued that the National Assembly had disregarded previous Court rulings and was therefore in contempt. Three days later, the Court reversed its ruling. This reversal, unfortunately, did not bring any relief to the overwhelming distrust of the Court by opposition members.
In early May 2017, discussion of creating a new constitution began as Maduro sought to make a move following the earlier days of the prolonged protest. The president has taken steps, including signing a document establishing the terms for electing the member of a “constituent assembly”, tasked with the drafting of a new constitution.
Citizens of Venezuela persist in their efforts to demand access to basic human rights and civil liberties. Doctors rallied in the ongoing protest to address their own frustration with the current crisis. Over a thousand health care workers and opposition sympathizers marched towards the health ministry in Caracas. Police fired tear gas to drive them back, in scenes all too familiar after weeks of unrest. One protester, a 50-year old surgeon, says, “One is always afraid to come out, but we will carry on doing it until there is a change”. Despite a belief that the opposition party is plotting a coup against him, President Maduro has called for a “march for peace”. Venezuelans and the world await his plans to bring peace to fruition.
Freedom in the World 2017: Venezuela Profile. (2017). Retrieved May 2017, from Freedom House:https://freedomhouse.org/report/freedom-world/2017/venezuela (2017). Venezuela. New York, NY: Human Rights Watch.
Venezuela Crisis: What is Behind the Turmoil. (2017, May 4). Retrieved from BBC News: http://www.bbc.com/news/world-latin-america-36319877
Venezuela Leader Launches Constitution Overhaul. (2017, May 23). Retrieved May 2017, from TRT World: http://www.trtworld.com/americas/venezuela-leader-launches-constitution-overhaul-363182
Venezuela Protests Continue with Rally bt Health Care Workers. (2017, May 22). Retrieved from TRT World: http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416
Venezuela Protests Continue with Rally by HealthCare Workers. (2017, May 22). Retrieved May 2017,from TRT World: http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416
“Sesame Street” and Autism: An initiative about Inclusion
Sesame Street introduced viewers to the newest “live” Muppet on the block, earlier this month. Her name is Julia and she is on the autism spectrum. Initially introduced in 2015 as part of Sesame Street and Autism: See Amazing in All Children Initiative, Julia’s interaction with the other residents on Sesame Street teach them how to befriend and include individuals who are different, without being afraid. Autism Spectrum Disorder (ASD) is a developmental disability that can cause substantial social, behavioral and communication challenges. Individuals with ASD communicate, interact, and learn in ways that are different to people without ASD. Dr. Stephen Shore believes that “If you’ve met one person with autism, you’ve met one person with autism.” Every individual diagnosed with ASD has diverse functioning abilities and level of autistic symptoms, making each individual case distinctive. Currently, 1 in 68 children worldwide are diagnosed with ASD. ASD crosses every social and economic sphere. The goal of the Sesame Street and Autism Initiative is to remove the stigma of autism. Julia optimistically reminds viewers that individuals with disabilities have the talent and ability to positively contribute to our society while making the world a more unique and interesting place.
Over the past two decades, the human rights perspective on disability has shifted from viewing people with disabilities as problems towards recognizing them as holders of rights. A universal victory for people and families with disabilities came with the ratification and adoption of the Convention on the Rights of People with Disabilities (CRPD) by the United Nations in 2008. For children who Julia represents, the CRPD guarentees that those children can go grow up and have the same opportunities to achieve their goals just like children without disabilities. The United States has not ratified the CRPD, although there are continuous adjustments to domestic policies, ensuring the protection of the civil and human rights of persons with disabilities. There are currently numerous federal civil rights laws that safeguard people with disabilities so equal opportunities in employment, education, voting without discrimination are made available. The Century Communications and Video Accessibility Act (CVAA) became law under the Obama administration on October 8, 2010. This law increases the access of persons with disabilities to modern communications, and is up to date with 21st century technologies. Technology can revolutionize how people with disabilities interact and live in a society intended for those with no developmental or functional disability. The ratification of CRPD and continued promotion of the general welfare of all citizens should remain the focus of future government administrations.
People with disabilities have been marginalized and excluded from society within all cultures. National and international laws and conventions do not protect from discrimination on an individual level, with common responses of pity or disgust, which reinforced disabled peoples segregation in society. The lack of understanding regarding ASD and other disabilities can make life more stressful and challenging for individuals with developmental differences. The societal treatment towards people with disabilities lead to the phenomenon of invisibility. The phenomenon of invisibility rationalizes that society has the “tendency to construct everyday life with only the able-bodied in mind and the greater the lack of a physical presence of disabled persons in the mainstream, the more “natural” this assumption appeared to be (OHCHR).” As of March 2017, the Office of Disability Employment Policy (ODEP) disclosed that only 20.4% of people with disabilities are employed compared to 68.7% employed individuals without disabilities. Likewise, the unemployment rate for people with disabilities is 10.6% compared to 4.3% for people without disabilities. Furthermore, in 2015, Cornell University approximates 20.1% of non-institutionalized individuals with a disability aged 21 to 64 years in the United States have less than a high school education. The invisibility of people with disabilities has a drastic effect on their enjoyment of civil and human rights because they have been excluded and isolated.
The stigmatization of people with disabilities will persist until society embraces disabilities as adaptable differences, rather than with negative connotations. For example, a study analyzing parental perspectives on the diagnosis of ADS found that parents of non-diagnosed children described the potential diagnosis as scary, dangerous and frightening. The study also found that parents with diagnosed children sometimes go through denial, and try to find other reasons for their child’s behavior because they are reluctant to label their child as having a disability. However after the denial stage, parents elaborated on how they are started to reconstruct their beliefs about ASD, and began to project ASD from a positive perspective. This is why initiatives like “Sesame Street and Autism” are so important; not only do they educate children and adults about ASD, but also normalizes and cultivates respect for people with disabilities such as ASD. In order to communicate, Julia expresses herself in different ways that other characters on Sesame Street, who are not on the ASD. She flaps her arms when she is very bothered or happy, avoids direct eye contact, and repeats words. Even though Julia’s behaviors are different, Elmo, Big Bird and the other characters have learned to adapt, accept through understanding, and intentionally include her in their play dates.
Autism made nation headlines was during the vaccination causing autism controversy, which misinformed millions, and portrayed a diagnosis and prognosis as a hindering, negative characteristic. Julia’s addition to Sesame Street has generated significant discussion about about autism specifically, and disabilities, generally, and the societal stigma surrounding them. Recently appearances on popular network shows such as the “The View” and “60 Minutes” allowed for explanation and clarification as to why “Sesame Street” felt it was finally time to introduce a character like Julia into the show. Stacy Gordon, the women who plays the voice of Julia, very much understands the hardships of autism and inclusion. Stacy’s son is on the autism spectrum. In an interview with 60 Minutes, she admits that her sons classmates did not understand how to react to his breakdowns and social differences. She truly believes that exposing parents and children to Julia is going to help progress our society into a more disability friendly world. Sesame Street‘s leadership and dedication to teaching children love and acceptance continues to pave the way for a brighter and inclusive future. This initiative constructs a conversation about disabilities and autism while it reinforces the positive narrative about differences and inclusion.