Imagine discovering that your internal identity does not align with the way that your body looks or the way that you are perceived by society. Because you recognize this internal dichotomy, the society you know and love treats you as an outcast. You are regarded as less than human. Your family abuses you for pursuing a physical body and social presentation that aligns with your internal identity. Society at large is structured in a way that makes it relatively impossible to get a formal job or make money in a safe way. Transgender people in India experience this every day.
A. Revathi is an activist for the rights of transgender people and other gender and sexual minorities in India. In her book, A Life in Trans Activism, she details many struggles she faced while navigating the economic system of India. Most transgender people in India work in the informal spheres of sex work and street begging, but a lucky few find low-salary jobs at LGBTQ+ Non-Governmental Organizations (NGOs) or service places.
Because of the prejudices and stereotypes held by many employers within India, transgender people are often discriminated against in the formal sphere. If a man comes in for an interview, and his documentation still has an F sex marker, the employer will know that he is transgender and all prejudices and stereotypes that they hold will then apply to the man searching for a job. The process of changing one’s sex marker on official documents is a complicated and grueling process for transgender people, which makes it almost impossible to go stealth* in one’s workplace. It was this lack of economic mobility that lead Revathi, and many others like her to the streets for sex work.
*Stealth (adj.) – describing a transgender person who presents themself as a cisgender member of the gender they identify as, often to avoid discrimination. For example, a male-to-female (MTF) transwoman presents as a cisgender woman and keeps her trans identity a secret to avoid violence.
In India, self-employed sex work is legal, but many police officers will find other reasons to accuse sex workers of crimes like loitering or stealing, whether the accusations are true or not. The general public tends to accuse them of stealing in order to demonize them or try to get them off the streets, which often leads to violent confrontations with community members and the police. During sex work, Revathi, like many transgender women, was often put into dangerous situations with the public as a result of the deeply rooted stigma surrounding transgender people. She experienced sexual assault, public abuse, and was sometimes not paid for her services. Most transgender sex workers must be very careful to keep their identities as transgender silent because many face violence if they are outed.** On the other hand, when outed, some people receive dehumanization in the form of fetishization which results in more violence and less pay.
**To out someone (v.) – to reveal someone’s sexuality or gender identity without their permission or control, often leading to dangerous situations for them.
The few that find jobs, often at LGBTQ+ organizations, are often paid less and treated with disrespect by their colleagues and employers. While reading A Life in Trans Activism, a pattern stuck out to me. I would like to call this something like “The Vicious Cycle of Workplace Inequality.”
The formal work of a certain group of people is undervalued and/or ridiculed by society.
The marginalized group then internalizes this as a reflection of their character and feels as though they have “something to prove” while working in the formal sphere.
They then work harder and accept lower pay than their colleagues.
Co-workers and employers take advantage of their willingness to work hard for lower salaries and disrespect their work-life boundaries.
The disrespect becomes a foundational aspect of their workspace, and transgender people feel and live subserviently to society. The cycle repeats.
The Vicious Cycle of Workplace Inequality can apply to any group of people whose work is undervalued. We see this in the American workforce with Black employees. There is a widely-held stereotype in America that Black people are “lazy workers” because of their lack of sufficient economic mobility. Employers internalize this and hold Black workers to a higher standard in which they must “prove themselves” as hard workers. It is often the case that Black employees work twice as hard as their White counterparts and are still undervalued by their employers and colleagues. They internalize this as a reflection of themselves and work harder and harder for less and less. This phenomenon is not only manifested in the salary gap between races, but also in the levels of worker burnout and unemployment rates.
A. Revathi experienced the Vicious Cycle herself while working as an openly transgender woman at an LGBTQ+ NGO in India called Sangama. Even while she was head director of multiple subsections of the NGO, she experienced disrespect from the staff she was directing. Here, Revathi reflects on her experience:
“[Sangama staff] were well behaved with [past directors] and respected boundaries. However, with me, they were very different. They would storm into my cabin and argue endlessly with me, often in very rude or offensive language. They demanded prompt promotions, increases in salaries, and crowded my working hours with endless demands and trivial things, which they could have handled themselves.” (Rēvati, 110)
Revathi charitably credits this to her open-door policy and her show of belief that hierarchies in workplaces were solely for accounting purposes, and should not reflect upon the social interactions of the staff. I suspect that the main reason that she has these policies and beliefs is that her work has been consistently undervalued and she has internalized that she will never be seen as “above” anyone else in her workplace. By setting and enforcing certain boundaries with her staff, she would have to acknowledge that she is above them in the workplace. This would break the social contract that says that she is always on the base of the metaphorical pyramid because of her transgender identity.
Government Progress (or lack thereof)
The Indian Supreme Court ruled in 2014 to create a third gender category called “hijra” which would be inclusive of gender nonconforming and transgender individuals. People in this category were legally categorized as an “other backward class” or OBC. Job reservations were made for people of OBCs in an attempt to improve the economic status of transgender people. Read more about this ruling here.
In addition to this ruling, in 2019 the “Transgender Persons (Protection of Rights) Bill” was passed, which served as an anti-discrimination bill meant to improve the status of transgender people in education and the workforce. It was faced with backlash from the trans community because it required a person to submit proof of gender reassignment surgery to the government before being able to change their gender marker legally. This type of policy is called trans-medicalism*** and is exclusive and harshly binary. Read more about this bill here.
***Trans-medicalism (n.) – the idea that one must medically transition, in other words: go through gender reassignment surgery, in order to be a valid member of the transgender community.
Although these actions were well-intended, neither the 2014 ruling nor the 2019 bill has been well enforced. They have been inefficient in changing the economic and educational statuses of transgender people. Employers still have room to discriminate against workers. Sex workers are still treated horrifically and inhumanely in the streets. Transgender employees are still disrespected in their workplaces and have low opportunities for economic mobility. One of the problems with these actions is that they are both “top-down” approaches, which start with government implementation and slowly trickle down into cultural changes and real-life improvements for transgender people. Many recommend a “bottom-up” approach, which begins with radical cultural shifts and builds its way up to government implementation. While both are valuable, the “bottom-up” approach is more efficient in creating quicker social change for people genuinely affected by the social issues at hand.
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.
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.
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.
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!
This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.
The History of the Abortion Rights Movement and Context Behind Roe V. Wade
Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.
Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.
What Overturning Roe v. Wade Would Mean
The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.
As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.
Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.
The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.
The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans
The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy. This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.
Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.
Other rights that may be threatened by the overturning of Roe v. Wade
Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.
One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.
While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.
Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.
So, Where Do We Go From Here?
Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.
On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.
Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.
Societal destabilization is a normal part of any dystopian novel. The government cannot come to a consensus, politicians treat countries as puppets, and somehow, an awkward yet powerful adolescent is thrust into the spotlight to save the world. It is slowly dawning on the world that this outlandish twist of fate is now a reality.
In January 2022, Karnataka, a state on India’s southwestern coastal border, banned hijabs in educational institutions. The epicenter of this issue is at the Government Pre-College University for Girls in the Udipi district of Karnataka, where Muslim students say that when they returned to school this past September, they were threatened to either remove the hijab or be marked absent. The girls were not allowed to attend classes or write their exams in their hijabs. This situation is not only a paramount issue and manifestation of India’s growing nationalist agenda, but also signals a threat to a fundamental right guaranteed in the Indian Constitution: religious freedom.
The Bhartiya Janata Party (BJP), the ruling political party of India, is infamous for its right-wing actions against minorities. The pride of the party, Prime Minister Narendra Modi, is a devout Hindu and believes that a superior India will only be restored to glory by becoming homogenous, a passion increasingly echoed across India. In recent years, minority alienation in terms of religion, caste, and gender has accelerated. Hindu activist groups in Karnataka believe the hijab ban is essential for social equality and for providing an unbiased classroom for every student to learn. Hindu student activists view the hijab as a symbol of the oppression of Muslim girls and wish to remove them for the sake of religious equality in education. They also compare the hijab to a saffron shawl Hindus often wear in religious ceremonies. It was implied that if hijabs are allowed, then every Hindu should be allowed to wear the saffron shawl to class as well.
Despite the social equity of this ban, the defense of upholding it is rather weak. This ban forces Muslim girls to choose between their religion, their bodily autonomy, or their education. Who can learn properly when they don’t feel comfortable in their own body? When the hijab is a part of your identity, not wearing it can be a source of ceaseless discomfort and alienation from your body and your perception of yourself.
17-year-old Aliya Assadi, a karate champion in the city of Udupi, summarized the necessity of the hijab in one statement. Much like other Muslim girls, Assadi derives confidence and is assured by wearing her hijab. Removing it is not an option for her because it is a lifestyle that she pays her respects to. Assadi does not feel oppressed in her hijab but being forced to remove it is embarrassing and humiliating.
The National Congress Party, BJP’s competition, vehemently opposes the hijab ban and stated that it is a violation of religious freedom. The BJP’s response asserted that the hijab is not an essential manifestation or practice of Islam, and therefore, the ban is not a violation of the Constitution. The Quran, the primary religious text in Islam, states that “It is not that if the practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory, and it ceases to be a religion.” Based on this one quote, the Karnataka High Court deemed the hijab not essential for religious practice, ruled that the ban was constitutional, and dismissed all petitions made by Muslim girls barred from attending class. However, the hijab has more meaning than a literal interpretation of the Koran. Each of the groups that practice Islam in India and across the world have different cultural values and exhibits diversity in their traditions. Similarly, the hijab has underlying traditional value for each person or group, and in some parts of the world, the hijab is a symbol of resistance.
Religious freedom, however, is just the tip of the iceberg. Banning hijabs imposes on equal access to education and women’s rights because, without comfort and peace of mind in oneself, students cannot learn to their optimal ability. Yet, this problem does not extend to male students. This is the reason for their apparent alienation from the education system, which should be teaching them how to be successful and advocate for their beliefs. The right to education without discrimination on religion or gender is a universal human right—a human right that is being violated.
As religious divides deepen between Muslims and Hindus in India, human rights defenders worry that other states will consider enacting a similar ban on hijabs now that the precedent has been set. This is a potential slippery slope that may alienate the Muslim population with additional restrictions and obligations narrowing their sense of self. Already, far-right Hindu groups have claimed that Gujarat, Prime Minister Modi’s home state, is in the process of creating a hijab ban and Uttar Pradesh is next. The majority of both states’ politicians identify as members of the BJP, as well.
The Muslim girls, however, are not close to surrendering in this fight. They plan to appeal to India’s Supreme Court for a final, unbiased verdict on the case. The young people of India, now the majority age group in the country, are attempting to take India’s future into their own hands. The ramifications of this case, if the Supreme Court were to hear it, will be momentous.
For years, a Hindu nationalist agenda has decreased the rights and autonomy of minorities of all classes. Often, these moves were underhanded and created through loopholes or loose interpretations of the law—just as the hijab ban was. Once the ban’s constitutionality reaches the Supreme Court, the whole country, including the federal administration, will be put on trial for their actions in the past and the future by India’s minority and majority populations.
Unfortunately, islamophobia and minority discrimination are ideologies that have centuries of history behind them, and it will be challenging to fight this growing movement. When we think of history makers and game changers, it is often about one person with enough strength and bravery to face the world. However, lasting progress is sustained by consistent change and accountability. Anyone can fight and advocate against Islamophobia, and, eventually, a little effort from millions can be amassed into a movement capable of changing society from within.
Countless organizations, lawyers, and legislators are facing the brunt of standing their ground against harsher political movements, but the public perspective must change first. In India, is important to communicate the despicable nature of Islamophobia online. Residents can report to the police commissioner or the District Magistrate in-person, or they can tag national authorities on social media such as the Ministry of Home, international human rights groups, and UN agencies. Openly support your neighbors or community members and help them file FIRs against Islamophobia acts and follow directives from local anti-Islamophobic organizations. In America at least, people can support anti-Islamophobic legislation and communicate with their government representatives about their discontent and rage over the treatment of their Muslim counterparts. People can also support American Indivisible and Shoulder to Shoulder, organizations that work to dismantle structural islamophobia. Regardless of your location, demonstrating solidarity and opening honest conversations is an imperative initial step to combating Islamophobia.
The Taliban regime, like the older one that ruled from 1990-2001, upon capturing the capital, shut down the Ministry for Women’s Affairs and replaced it with the Ministry for Protection of Virtue and Vice. Later, they announced that women cannot go out in public without a male relative or without being fully covered, and female workers have been instructed to stay home. Education, politics, sports, freedom of expression, and whatever else requires women venturing outside with a voice has been banned by the government, punished by beatings or floggings.
Education and Occupations
Girls’ education in Afghanistan took a lot of effort to achieve, but many obstacles, specifically financial security and accessibility, still stand in the way. Knowledge gives individuals mobility and power to decide their future for themselves — a source of pride that Afghan women have fought for. In Afghan villages and cities alike, many women and girls would work for low wages in poor conditions to finance their education, and now these efforts and opportunities have been ripped away.
Pride is now fear. After the fall of the Afghan cities Kabul and Herat, the Taliban prohibited girls over 6th grade from attending school and segregated universities between genders. Boys were allowed back weeks ago, but no indication was given to girls — a silence that told them to stay home. The regime previously stated that education will resume under the laws of Islam. Even if girls can go back to school, they may not learn certain subjects such as engineering, vocational education, cooking, and government studies.
The Taliban is not their only issue, however. Many female political figures remaining in Afghanistan fear retaliation from men they jailed or sentenced. Despite the years of progress since the last Taliban occupation, women in powerful roles still made men in Afghanistan uncomfortable. The Taliban has not instituted strictrestrictions on law and order —allowing incidents of physical and sexual violence against women to increase.
Women have taken to streets demanding their rights back as the Taliban prepares to deal with international questioning for their rise to power. Although once numerous after the fall of Kabul and Herat, protests are now few and far between. Organized protests were broken up by the Taliban’s gunshots, beatings, and killings in early September, effectively dampening the morale of activists. Now, the regime demands prior registration with a detailed account of the event and any slogans that are to be chanted, decreasing the right to assembly in the nation.
Female journalists, teachers, activists, and especially judges are also being targeted by the oppressive regime. It is common practice for the Taliban to break into homes of instrumental feminist voices and threaten their families, and the United States’ promise to protect Afghan women activists from the Taliban has fallen flat.
Former Afghan legislator Fawzia Koofi fled Afghanistan to Qatar after she was placed under house arrest and guarded day and night by the Taliban. Parliament members Shagufa Noorzai and Homa Ahmadi escaped to Athens, Greece, along with 177 other high profile female lawyers and judges with help from the Melissa Network and Human Rights 360. Even though activists like Koofiand Noorzai are far from their home country, they have already started networking to protect the rights of women and girls from where they are.
In late August, 15 members of the inspiring 20-memberAfghan Dreamers fled Afghanistan, with 10 arriving safely in Mexico City, Mexico, and 5 in Doha, Qatar. Thisall-girls robotics team made waves after winning multiple international robotics competitions in the United States and becoming a luminescent symbol of the potential ofgirls in science, mathematics, and engineering. These girls left with the hopeof continuing their education and competing in robotics tournaments. Some girls voluntarily stayed behind to help education efforts in Afghanistan. They all hope that their achievements and stories will empower girls in their home country to fight for their education and convince the regime to adapt to a new generation of women.
Education as a Human Right
The Taliban violated many articles of the Universal Declaration of Human Rights (UDHR). Article 26 proclaims that basic and fundamental education should be free, compulsory, and equally accessible. Education is stated as the driving force to foster respect for human rights and personal freedoms all over the world which is crucial for women to rise from societal restrictions.
The head of the Afghan Women’s Network, Mahbouba Seraj, emphasizes that Afghanistan is not the same country that the Taliban left. Women will not sit and stand by while they try to take away their rights. Over 6 million women have established their presence in traditionally male-dominated fields such as media, medicine, law, and government. She believes that the gender equality movement in Afghanistan will prevail over the Taliban’s resistance.
Earlier in October, the United Nations Human Rights Council voted to approve a rapporteur on the grounds of Afghanistan to investigate and report civil and human rights violations. The European Union’s ambassador to the UN cited particular concern for the restrictive actions of the Taliban against women and girls. In addition to the UN, the public can offer donations to other international human rights organizations that are also working on the safety of female Afghanistan officials and girls seeking to continue their education such as Amnesty International, CARE, and Women for Afghan Women.
Today, November 25th, marks the 22nd Annual International Day for the Elimination of Violence Against Women as declared by the United Nation’s General Assembly in 1999; however, women living in Latin America and the Caribbean have honored the International Day for the Elimination of Violence Against Women since 1981. The resolution, introduced by the Dominican Republic, marks the anniversary of the death of three sisters, Maria, Teresa and Minerva Mirabel, who were murdered on the island on November 25th, 1960, due to their involvement in a growing underground uprising against Dictator Trujillo’s dangerously misogynistic rule, according to this article from History. This day also represents the start of the 16 Days of Activism, where people are encouraged to fight against gender-based violence, concluding on December 10th, which is declared as International Human Rights Day. Activist organizations worldwide have utilized this period to shed a light on domestic affairs including sexual and physical violence, emotional abuse, and to draw attention to the dangers of human trafficking, all of which are issues that disproportionately affect women, transgender, and nonbinary individuals.
This increased level of vulnerability has also translated outside of the home, where women face dangers in varying capacities, including the prevalent threat of sex trafficking. Over 70% of all sex trafficking victims are women and girls, and although there have been a growing number of legislative improvements as more countries criminalize trafficking, conviction rates for traffickers remain low. As Covid-19 news updates have held many people’s attention since the pandemic began, it is essential to remember the other human rights crises that have not paused or slowed down as law enforcement efforts had hoped. Outside threats of violence also disproportionately affect BIPOC (Black, Indigenous, People of Color) women. Although many general sex trafficking statistics are difficult to find considering many cases go unreported, this article from Polaris did include numbers from specific jurisdictions stating that “In Louisiana, Black girls account for nearly 49 percent of child sex trafficking victims, though Black girls comprise approximately 19 percent of Louisiana’s youth population and in King County, Washington, 84 percent of child sex trafficking victims are Black while Black children and adults together only comprise 7% of the general population.” Polaris went on to add, “Latinos are disproportionately represented among human trafficking victims and survivors in general, and labor trafficking survivors in particular.”
Eliminating Violence Against Women
Women’s organizations around the world have come together in efforts to eliminate misogynistic acts of violence with advocacy that anyone can participate in, such as protesting for legal action to be taken and supporting the #MeToo social media movement, which began in 2006. The #MeToo movement encourages survivors of sexual assault and rape to share their stories in a safe environment of other survivors. The hashtag has been used by millions of people around the world and has been translated into dozens of languages.
Considering this, there are many ways to help support survivors, even during a pandemic. UN Women lays out ten important steps:
Listen to and believe survivors
Teach the next generation and learn from them
Call for responses and services fit for purpose
Learn the signs of abuse and how you can help
Start a conversation
Stand against rape culture
Fund women’s organizations
Hold each other accountable
Know the data and demand more of it
If you or someone you know is experiencing abuse, click here to speak with trained advocates worldwide.
Imagine being confined to your home. Imagine not being able to go to work or attend school or play sports. Over the course of the past year, individuals across the world have experienced such limitations. While many are inching closer towards glimpses of life before these restrictions, for Afghans with disabilities, particularly women with disabilities, this is more likely to become an enduring reality.
Almost twenty years after their first regime, the Taliban is back in control of Afghanistan, raising concerns that the same violations of the rights of women and other minorities will be committed again (for a brief history of Afghanistan and the Taliban, visit a previous article on the IHR blog linked here). While no longer a minority in terms of numbers, the 80% of adults in Afghanistan who are disabled are already seeing these concerns materialize. Disability rights advocates are being targeted, with many fleeing the country out of a fear for their lives and many more desperately trying to do the same. In light of these events, this article explores the status of individuals with disabilities in Afghanistan before and after the Taliban came into power, and how their future might look.
Disability in Afghanistan
The war in the 1990’s devastated health systems in Afghanistan, leading to individuals with disabilities being neglected. After the Taliban was overthrown by the U.S. in 2001, there was an influx of international funding to help rebuild the infrastructure of the country. NGOs and other international organizations attempted to fill the gap in the health system by offering medical services, although the demand did, and continues to, exceed the supply. Moreover, reconstruction efforts in the country were not inclusive of people with disabilities, as bus transports, buildings and bathrooms were inaccessible which made it difficult for individuals with disabilities to navigate their daily lives outside of their homes. Afghanistan ratified the Convention on Rights of People with Disability in 2012 and even passed legislation in 2013 that was meant to safeguard the rights of individuals with disabilities to be included in society. Although awareness regarding disability has increased over the past two decades, and disability rights have been named a priority by the former government, much of the work towards this end has been carried out by NGOs, international organizations, and dedicated activists.
In addition to systemic barriers, the societal attitudes and stigma pertaining to disability is also a significant factor impacting the lives of disabled individuals in Afghanistan. Different kinds of disability are viewed differently, receiving varying degrees of negative attitudes. Congenital disability, or developmental disability, is considered a punishment to the parents for their past deeds. This problematic perception leads to discrimination against the individual with the disability, as well as their family, to such an extent that the parents tell others that their child acquired the disability as a result of the war. Amputees, on the other hand, do not face the same discrimination because they are assumed to be war veterans. One individual with a physical disability described to the Human Rights Watch her experience of this stigma: “Some time ago, my friends and I decided to go to the market in our own wheelchairs and shop ourselves. But people called us ‘grasshoppers,’ which is why we decided to stay at home.” Such accounts depict how the freedom and independence of individuals with disabilities is being curtailed not only by structural barriers, but also by regressive attitudes.
Disability under the Taliban
Benafsha Yaqoobi, a blind disability rights advocate and a commissioner at the Afghanistan Independent Human Rights Commission (AIHRC), stated in multiple interviews that individuals with disabilities will be discriminated against under the Taliban rule, experiencing severe neglect and even death. She is concerned about their access to basic human rights like food and shelter. Yaqoobi had to flee Afghanistan when the Taliban takeover seemed imminent. She described her traumatic experience in attempting to escape, as she heard gun fire but could not see where the guns were pointed or who got shot – or if it was her husband who was wounded. Her experience also highlights just one way in which war can have a disproportionate psychological, and physical, impact on people with disabilities.
Isabella Hodge, executive director of the United States International Council on Disability (USICD), told The Nation that there is also concern that stipends will no longer be provided to individuals who were disabled in war and that rehabilitation centers will close. Hodge strongly believes that individuals with disabilities will not be valued by the Taliban, saying that the “Taliban wouldn’t think twice about killing someone with a disability.” These concerns are reflected in reality when considering that 80% of suicide bombers of the Taliban had either a physical or psychological disability of some kind. Dr.Yusef Yadgari of Kabul Medical University attributed this statistic to societal stigma, due to which people with disabilities struggle to find employment to support their family. Out of both necessity for money and resentment, according to Dr.Yadgari, they are more likely to become suicide bombers. However, one cannot help but question how much value that the Taliban attributes to the lives of people with disabilities when they were willing to sacrifice so many for their cause.
With the Taliban’s rise to power, people with disabilities will likely have less opportunities to flourish. One stark example of this is that Tokyo 2020 Paralympic athletes from Afghanistan almost lost the opportunity to participate in the event because of the dearth of flight transport created by the turmoil in August. Fortunately, with the help of the international community, these athletes did manage to finally make it to Tokyo, although one athlete missed the event he was preparing for. Opportunities and freedom of people with disability does not seem to be a priority. Afghanistan’s National Sports Director for the Special Olympics Mohammad Jawed Hashmi echoed similar concerns in an interview with Reuters – that people with disabilities will be confined to their homes and isolated from the rest of society due to the loss of programs and initiatives like the Special Olympics (which works specifically with people with intellectual disabilities). Sports for individuals with intellectual disabilities is a great way to develop essential life skills like walking and eating. Zala Hashmi, a women’s coach in the country’s special Olympics organization, believes that the Taliban does not care enough for the success of these individuals to ensure the continuation of such programs. The grim situation is put best in Jawed’s own words: “we cannot support them, we lost them.”
Women with Disabilities
Women with disabilities experienced intersectional discrimination in Afghanistan long before the Taliban came into power. They are often considered a burden to the family and are considered not fit for marriage, consequently increasing their likelihood of being subject to violence both in and outside the household. Women with disability are also more likely to be sexually harassed when seeking government assistance or employment. One individual in an interview with the Human Rights Watch said, “the ministry employee told me that I can get this certificate only if I agree to be his girlfriend”. The status of education of girls with disabilities is not any more promising. In a Human Rights Watch report, a disability rights advocate describes the pushback from schools in accepting girls with disabilities: “The schools do not want girls [with disabilities] to go to the classes. Usually, they argue that they are not normal people so they cannot sit in the classrooms and learn like other students.” In addition to this stigma, public schools are not wheel-chair accessible, leaving some kids out of the classroom and other school related activities, while few private schools enroll people with disabilities at all. Moreover, schools are also often far and difficult to reach without dedicated transportation, which is often not available.
These inequities for women with disabilities are likely going to be exacerbated under the Taliban. While the Taliban promises that they will uphold the rights and freedom of women, their actions so far have not conveyed the same message. Women have been removed from their jobs, which has been particularly devastating in cases where they are the sole earners in the family. Women have already been told to stay at home for security reasons, an excuse that sounds eerily similar to the one they provided during their time in power in the late 1990s as they imposed oppressive restrictions on women. This confinement will be particularly detrimental for women with disabilities, compromising their access to rehabilitative services and other beneficial activities like sports. Nilofar Bayat, a women’s rights activist and captain of national wheelchair basketball team, expressed deep concern about girls with disabilities not being allowed to play sports, saying their disability will become more severe without the activity. In addition to this, the barriers to education for women with disabilities will also increase under the Taliban, who completely banned education for women during their previous regime.
Support for People with Disabilities
Disability rights activists in Afghanistan are being targeted due their association with the United States, leading to a decline in supportive services offered to individuals with disabilities. The United States International Council on Disability (USICD) reported that around 50 disability rights advocates are currently in danger of being attacked by the Taliban and are in urgent need of evacuation. Many of them participated in a conference on disability rights organized by USICD and the Afghanistan embassy in 2017 and received grant funding from the U.S., putting them in a precarious position. One advocate describes severe persecution, being forced to move from one house to another to avoid being captured after the Taliban launched a grenade into his house and attempted to find him at his organization’s office. He told The Nation that the Taliban believes advocates are spying for the US because they received grant funding from the U.S. The evacuation plan of the US did not account for the needs of people with disabilities either, as multiple disability rights advocates were unable to make their way around Kabul airport. One amputee had to return home due to extreme pain. Afghanistan’s National Sports Director for the Special Olympics Mohammad Jawed Hashmi believed the Taliban was searching for them as well, coming to their offices and damaging their property. All this points to the fact that disability advocates will find it increasingly difficult to play their crucial role in supporting the disabled community. For example, initiatives to make bathrooms more accessible, to provide rehabilitation, to conduct vocational training, and to provide trauma care service for land mine victims all are at risk of being lost. The champions of the rights of individuals with disability are being silenced.
Disability rights activists are not the only ones facing difficulties in continuing operations – humanitarian organizations too are struggling to continue providing their essential services. The United States Agency for International Development (USAID) reported that approximately three-quarters of organizations faced challenges in providing aide since August. The Taliban has a history of actively clamping down on organizations providing humanitarian aid and health services as well, banning the Red Cross and WHO in 2019 from operating in its territories after claiming they were carrying out “suspicious” activities and not sticking to their mission. They have since lifted the ban, and Red Cross is providing services currently, but this incident sets a chilling precedent to the relationship we can expect to see in the future between the Taliban and international aid organizations. In addition to this, a Human Rights Watch review reported that the increase in conflict since 2016 has led to increased difficulty in collecting data from rural areas. This is likely to be the case in Afghanistan’s current state of turmoil, making it difficult to assess the needs of people with disability and whether they are being addressed.
In a recent report, the International Committee of the Red Cross stated that health systems in Afghanistan are on the brink of collapse, partly due to a decrease in funding. While the services provided by aide organizations and advocates are far from being able satisfying the immense demand, and by no means replace systemic efforts to rectify the situation, the role of advocates and aide organizations is undoubtedly more important than ever to ensure people with disabilities are not neglected.
The Taliban take-over might deconstruct the existing structures, but there is no guarantee that that they will build them back, let alone build them back better. It is disheartening to know that the violations minorities experienced under the Taliban occurred for more than five year and would have continued for longer if the US did not invade in 2001. My point is not to comment on the merit of the “war on terror” but to point out the more prolonged, devastating consequences that could have occurred in the past, and that very well may occur in the foreseeable future, due to insufficient action by the international community. The international community needs to mobilize resources to aid those who are disproportionately impacted by this transition. You and I can contribute to bettering the situation in Afghanistan as well. Consider donating to trusted humanitarian aid organizations, like the Red Cross, UNICEF, and UN Women, that are doing essential work on the ground. Humanitarian aide itself, however, is insufficient – foreign governments need to increase pressure on the Taliban to guarantee the rights and well-being of marginalized communities.
The Texas Abortion Law, signed into law on May 19th, 2021, went into effect earlier this September, effectively banning abortions after the detection of fetal heartbeat. This law makes no exceptions even for victims of rape or incest.
Previous abortion bills introduced the state government and authorities to enforce abortion laws, but unlike anything seen before, Texas’s law awards the power to the citizens. Any private citizen in the country now has every right to sue anyone they suspect has had an abortion, took part in helping with an abortion, or in any way assisted an individual seeking an abortion in Texas. If the suit succeeds, the citizen will receive monetary compensation of at least $10,000. The intricacies of this law make it difficult to legally interpret since technically, abortion has not been criminalized.
History of the Heartbeat Bill
In 1973, the landmark Supreme Court case Roe vs. Wade federally legalized abortion in the first two trimesters of pregnancy but allowed states toban abortion in the 3rd trimester. Since then, several state legislatures have passed so-called “heartbeat bills,” which criminalize abortions after fetal cardiac activity has been detected—usually at 6 weeks. However, this is only a flutter of electricity, and the heart forms only after 17-18 weeks. Most individuals do not even know that they are pregnant at this point, because birth control, other forms of contraception, or not tracking menstrual cycles can mask pregnancies until the 8th week.
Up until now, the Supreme Court has adamantly upheld Roe vs Wade, and every state abortion ban signed into law has been struck down in federal courts.In a historic decision, the United States Supreme Court ruled to let Texas temporarily implement its Abortion Law Although the decision was made in consideration of the difficulty interpreting the law by the Constitution, the hesitancy has been raising alarms all over the country.
Despite the common misconception that abortion restrictions reduce abortions, they only increase unsafe abortions. Women and young girls use dangerous methods such as toxic chemicals, bodily harm, and relying on unlicensed abortion providers in their desperation to terminate a pregnancy. In fact, in the United States, the American College of Obstetricians and Gynecologists (ACOG) found that over 1.2 million women had unsafe abortions which resulted in nearly 5000 deaths, not including tens of thousands more left with long-term injuries and complications.
Women in Texas Now
The state has clearly indicated that the law is “not against women” but against abortion providers who are breaking the law.
Already, women in Texas are traveling out to liberal states such as California or New York to get their abortions. The influx of cases has overburdened providers in other states, but even still, those who make it out of state to receive an abortion at least have the option. The majority of women, however, do not have the means or funds to obtain an abortion in another state, so they turn to abortion pills to self-induce abortions. This method has its own problems. The pills can get stuck in customs anywhere from 2 to 30 days which adds to the anxiety of pregnant individuals, because the pills must be taken before 10 weeks of gestation to avoid life-threatening complications such as massive hemorrhaging.
The Texas Abortion Ban symbolizes the modern bodily autonomy movement on a precipice. Based on the Supreme Court’s current balance, it is possible that Roe vs. Wade could be struck down within the next two years. One thing must be made clear though: overturning Roe vs. Wade means that abortion will only become illegal within states that have chosen to do so—not across the country.
However, another aspect to consider about the abortion rights debate is voice. Women and minorities are more empowered than four decades earlier and have the platform to fight for their beliefs. In fact, 77% of people want the Supreme Court to uphold Roe vs. Wade. If Roe vs. Wade is overturned, an unprecedented amount of public outcry will occur in every state to fight, once again, for the right to bodily autonomy that women have fought for decades.
Later this year, the Federal Courts will hear Mississippi’s case to let their heartbeat law stand for 15 weeks. More conservative states will likely use Texas’s law to support their legislations. Thus, the outcome of these hearings will give the country an understanding of how the federal judicial system will respond to future abortion and women’s health legislation.
In the Senate and House of Representatives sits a bill titled the Women’s Health Protection Act, which could provide universal abortion rights and remove the damaging restrictions women are subjected to for abortions. One of the goals of women’s rights activists is to see this bill passed in Congress, and the time has come for Congress and the Executive Branch to collaborate and alleviate any detrimental decision that the judicial system may make. The public can help with this goal by proactively voting for legislators that will turn bills into reality and supporting many nonprofit organizations and charities such as NARAL Pro-Choice American and Planned Parenthood through volunteer work or donations.
On September 11, Gabby Petito, a young white woman who was travelling in a van and recording videos about her life with her boyfriend, was reported missing by her family. Petito’s popularity on YouTube and Tik Tok helped the story circulate like wildfire with true crime podcasts , national news channels , and intense investigation from officials and the general public. The fervent public engagement and dedication of investigative officials lead to Petito’s remains being discovered in less than a month in Wyoming. Within the last nine years 710 indigenous people, mainly women, have disappeared in the same area where Petito was found, and most cases have remained unresolved. Where was their national media coverage? Currently, 64,000 Black women are declared missing within America, but where is their media attention and public outcry? The case of Gabby Petito is an unfortunate situation and deserves to have the proper investigative force behind it. However, we must ask ourselves why cases like Petito’s, usually young white women gain the most awareness, while women of color, like indigenous women are often ignored on a local and national level. The power of the media and public opinion is significant. The interest of the public has been able to reopen cases and even apprehend criminals. Public outcry has secured justice for victims and their families, which is recognition and treatment that indigenous women often lack.
The Mary Johnson Case
On November 25, 2020 Mary Johnson, an indigenous woman of the Tulalip Tribe, went missing while walking to a friend’s house in Washington state. Over the span of 10 months, the search for Johnson involved a billboard on the interstate and local media coverage, which resulted in little development towards finding or arresting the perpetrator behind her disappearance. Local tribal police efforts have not recovered Mary Johnson’s body and have not made any arrests, despite having identified multiple people of interest.
Why has such little investigative action occurred over such a long period of time? Abigail Echo-Hawk, chief research officer for the Seattle Indian Health Board, states that investigation by law enforcement is often delayed due to the “maze of jurisdiction” in the local county. The boundaries among the authorities overseeing the case must be distinguished between the federal government, state government, and the tribal police, this process is often complicated by the complex procedures of bureaucracy. Additionally, tribal authorities often lack jurisdiction or are limited in their ability to prosecute non-Native people for crimes committed on tribal land. The federal government, which carries the authority of persecution, often does not offer its services. The competence and empathy that Mary Johnson and her family deserve was undercut by governmental and legislative administrations who focused on avoiding responsibility rather than seeking justice, for Mary Johnson. Cases such as Mary Johnson continue to emulate the numerous, and neglected cases of missing indigenous women.
The Disparities in Media Attention and Investigation
The discrepancy in the media treatment and public awareness of missing white women compared to missing women of color, including indigenous women, is referred to as “missing white woman syndrome.” The Lucchesi Sovereign Bodies Institute reports that from 2000 to 2009 local and state media covered 18% of homicide cases related to indigenous women and 50% of homicide cases related to white victims. The reporting of cases between white and indigenous victims is even dependent on the status of the victim, whether they are dead or alive. The Wyoming Survey and Analysis Center reports that white people are more likely to have an article written about them while they are still alive. Approximately 76% of articles written about white victims are published while the victim is still alive, but 42% of articles written about indigenous victims are written after the indigenous victim is found dead. Indigenous people are more likely to have an article written on them if they were found dead with 57% of articles being on indigenous missing people, but no articles about white missing persons which displays that white missing persons receive media recognition in a timely manner, before the victim has been found dead. The underrepresentation of indigenous women within media is alarming considering how there have been 5,712 missing cases since 2016, .
The lack of awareness and ignorance surrounding the numerous cases of missing indigenous women is ironic considering how indigenous women are at higher risk for acts of violence and should receive more awareness and protections. In fact, American Indian and Alaskan Native women living on tribal lands are murdered at rates more than ten times the national average, according to the U.S. Department of Justice. Publicity around these cases is crucial because these cases are not simply cases of missing people, but also cases of domestic violence, homicide, sexual assault, and sex trafficking which are rampant issues within indigenous communities. Compared to their white counterparts, indigenous women are 1.7 times more likely to experience violence, and 2 times more likely to be raped. More than half of indigenous women have experienced sexual violence (56.1%) and have been physically abused by their partners (55.5%). These acts of violence intrinsically violate and disregard the human right for indigenous women to exist in peace and security. Systematically, the safety and protection of indigenous women is neglected and allowed to continuously occur without intervention from the United States government.
Why is there a Gap?
Indigenous women’s rights advocates argue that indigenous women are often blamed for their own disappearances, thus resulting in a lack of empathy and effort from officials, media, and the public.
Due to such prejudice and bias from authorities, the crucial initial period of search for a missing person is often lost because of the dismissal of families’ concern and refusal of investigative officers to report an indigenous woman is missing. Echo-Hawks details the common scenario as victim blaming where authorities ask questions like, “Did she run away? Was she out drinking?” and then dismiss family member concerns by saying their loved one will likely just come home in a couple of days.
Beyond the biases of local authorities, such victim blaming can manifest into negative character framing within media coverage further leading to poor incentive for authorities and the public to display concern and initiative in resolving cases and serving justice for missing indigenous women. The Governor’s Taskforce on Missing and Murdered Indigenous Persons reports that 16% of articles about indigenous people involves negative character framing, emphasizing negative aspects of the victim’s life, family, and community that are unrelated to the crime itself.
How can you help?
The negligence of authorities and lack of media attention isolates Indigenous families in their search for their missing family member.
The United States is one of three countries in the world, and the only first world country, that does not provide paid time off upon the welcoming of a new child into the home. Today, eighty-two percent of U.S. voters, across party lines, support implementation of a national paid family and medical leave policy. However, only thirteen percent of American workers have access to such privileges. Much of the debate surrounding the topic involves who will pay for such policies, and who exactly should be eligible to receive the benefits. Whether you have personally been put at a disadvantage by this situation or have the privilege of merely learning about it from media outlets, such as Senator Bernie Sander’s audacious Instagram posts, it is quite difficult to ignore the prevalent issue of the lack of paid parental leave in America.
Paid Parental Leave as a Human Right
The scarcity of paid parental leave is a violation of various aspects of the Universal Declaration of Human Rights.Article 23 of the UDHR states that everyone has the right to “just and favorable conditions of work” and “remuneration ensuring for himself and his family an existence worthy of human dignity and supplemented, if necessary, by other means of social protection.” The definitions of adequate work conditions and social protections can and will obviously be interpreted by society in different ways over time; however, Article 25 goes on to state:
“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including…medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to particular care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”
Regardless of not being stated specifically, it is a common belief that paid parental leave exists within the realms of the above stated rights and is an ethical standard to which society should be held. Pushing personal opinions aside, a recent article from The Guardian says “The American College of Obstetricians and Gynecologists (ACOG) recommends women take at least six weeks off work following childbirth. But with no federally mandated paid family leave, for many women maternity leave is an unaffordable luxury.”
The Reality of a Working Mother without Parental Leave
As the participation of women in the workforce has steadily increased since post-World War II, the modern era expects women to work full-time as if they are not raising children, yet also expects women to raise children as if they are not working full-time jobs. This concept is evident in many American women’s lives who push off having a career until their children are grown or wait to have children until they are settled in their career. With the knowledge that many women do not have access to parental leave, another question is evoked: what happens to working women when a child is born? Those who are lucky enough to have a planned pregnancy may opt to save as many sick days as possible before their delivery date to be used during their recovery. But unfortunately, in many cases women can be forced to leave their jobs because of choosing to give birth.
Not all Families are Impacted the Same
In addition to women being disproportionately affected on a large scale, there are various other societal groups which are put at a greater disadvantage. According to a June 2021 article on BBC, “workers in blue-collar jobs are less likely to get paid parental leave than those with corporate jobs.” This not only affects the lower-income spectrum of the working class, but therefore largely affects BIPOC women and families at a higher rate than their white counterparts. Specifically in the post-war years, resistance formed through the idea that granting universal leave to all workers would encourage the “wrong” families to have the ability to produce. The UDHR lays out in Article 2 that all persons should have access to such human rights without any distinction regarding not only sex and gender, but race and social status as well.
What does the fight towards ensured parental leave in America look like today?
The fight for paid parental leave is not new to the agenda of human rights crises. In November of 1919, The International Labor Organization was quoted by the International Congress for Working Women in stating 12 weeks of paid parental leave is a “medical necessity and social right.”
Today, lawmakers across America’s political spectrum voice their support for paid parental leave. Regarding the public, advocating for paid parental leave should be accompanied by voting for politicians at a federal and state level that will bring action to further implementing this agenda into legislation. There are also various activist organizations nationwide that can be further magnified by volunteers or monetary donations, including the PL+US and the National Partnership for Women and Families.
UAB is an Equal Opportunity/Affirmative Action Employer committed to fostering a diverse, equitable and family-friendly environment in which all faculty and staff can excel and achieve work/life balance irrespective of race, national origin, age, genetic or family medical history, gender, faith, gender identity and expression as well as sexual orientation. UAB also encourages applications from individuals with disabilities and veterans.