Juvenile Justice Reform Helps Kids Be Kids

by Pamela Zuber

A pair of young hands gripping a prison fence
Source: Pixabay

While people in many places in the United States and around the world are experiencing human rights violations, the news is not entirely bleak. There are also positive developments. One is in juvenile justice.

How has juvenile justice progressed?

On October 1, 2019, four U.S. states allowed people seventeen years old and under to be tried automatically as adults: Georgia, Michigan, Texas, and Wisconsin.

Members of Michigan’s state House of Representatives and state Senate took steps to change that statistic. They passed legislation in October 2019 that would:

  • Define adults as people eighteen years old and older.
  • Place seventeen-year-olds in family court, not adult criminal court.
  • Assign alternatives such as counseling and monitoring instead of incarceration or help accused youth avoid traditional court procedures entirely.
  • Give prosecutors the option to try people under the age of seventeen as adults if they are accused of violent crimes such as murder or rape if they have court approval.
  • Prevent seventeen-year-olds from being incarcerated in the same facilities as adults.
  • Not apply to seventeen-year-olds who have been previously sentenced as adults.

Legislators previously had trouble reaching agreement on the Michigan bill because of a dispute over funding for juveniles in the state’s justice system. The state of Michigan and the state’s counties currently share such funding responsibilities, but under the 2019 bill, the state would fund the first few years of the new program. The funding arrangement could help ease financial burdens for counties struggling to fund programs relating to health and wellness, law enforcement, and other services.

Known as a raise the age bill, Michigan governor Gretchen Whitmer signed this bill, Senate Bill 84, into law on October 31, 2019. The provisions in the bill will take effect in 2021.

What are the advantages of charging people as juveniles?

A young man skating along a road on a skateboard
Source: Pixabay

Charging people who are seventeen years old or younger as juveniles instead of adults may produce many benefits. On a short-term basis, it may be safer if accused young people are housed with other young people instead of adults. Young people treated as adults may be incarcerated with people accused of or convicted of violent crimes. The safety of juveniles could be at stake.

Designating people as juveniles also may produce more long-term benefits. For one, it could save money. A 2011 report published by the Vera Institute of Justice stated that raising the age of adult prosecution from sixteen to eighteen could provide millions of dollars in benefits for youth, victims, and taxpayers in the state of North Carolina. Such changes could initially cost money because they would require changes to the youth justice system, but in the long run, they could save money by not engaging the adult justice system.

Proponents of prosecuting children as adults have said that this prosecution could scare youths straight. They claim it could prevent young people from committing serious crimes because they are frightened of the consequences. But studies have shown that such harsh penalties do not deter young people from committing serious crimes.

Judicial system changes may help reconcile what we’re learning about the biology of young people. “Researchers focused on brain development have found that 18- to 24-year-olds—also referred to as young adults — stand out as a distinct developmental group with heightened impulsive behavior, risk taking, and poor decision making,” wrote scholars at the Council of State Governments (CSG) Justice Center in 2015.

Teens’ impulsiveness, judgment problems, and desire to experiment may thus make them liable to try alcohol and drugs and engage in other dangerous practices. They could be using such substances to rebel against their parents and other caretakers. After they use drugs or alcohol, the substances may alter their still-developing brains, creating life-altering consequences. Similarly, teens who engage in illegal behavior may face legal consequences. If they’re tried as adults, they may spend years behind bars or face other repercussions that could haunt them for their entire lives.

Who else advocates for juvenile justice reform?

Michigan legislators aren’t the only people and organizations advocating for changes to the justice system for juveniles. Organizations such as the Campaign for Youth Justice (CFYJ) are working to stop the prosecution of children under the age of eighteen as adults and end youths’ incarceration in adult facilities. The CFYJ says that this advocacy is necessary. It claims that 95,000 U.S. children are housed in adult prisons and jails every year and that several states and the District of Columbia allow children as young as seven years old to be prosecuted as adults.

Efforts from the Juvenile Law Center (JLC) are also trying to change the juvenile justice system. Like the Campaign for Youth Justice, it wants to end the prosecution of children as adults. The JLC is also working to end harsh conditions and solitary confinement at juvenile correctional facilities. It seeks to stop sentencing youth to serve their entire lives in prison without parole and end economic practices such as fines and fees that keep poor children confined more than more affluent ones. In addition, it also wants prisons and jails to provide educational opportunities for youth that can help them build better lives that prevent them from committing additional crimes and re-entering the correctional system.

On the websites for both organizations, there are sections that allow people to donate to their causes. Both sites also offer updates to keep people informed. The Campaign for Youth Justice (CFYJ) site also allows people to share their stories and give testimonials. It provides instructions on how people can contribute to the organization’s initiatives.

Prosecuting teenagers as youths allows people to face the consequences of their actions, but it doesn’t condemn them to serving lifetimes in prison for minor crimes that they committed when they were still growing physically and mentally. We all make mistakes, especially when we’re young. Sensible justice sentencing for juveniles acknowledges mistakes and gives people the time and opportunity to learn from them.

 

About the author: Pamela Zuber is a writer and editor interested in many topics, such as human rights, addiction and recovery, history, business, and science.

 

The Criminalization of Mental Illness

Prison cell block
Prison cell block. Source: Bob Jagendorf, Creative Commons.

It is no secret that the United States has an issue of overcrowding prisons, which can lead to many issues regarding quality of life in prisons. Overcrowding in prisons is not just a problem in the United States; over 100 other countries also have this issue. In many countries, the criminalization of mental health is a factor that is compounding the issue. Individuals with severe mental illnesses not only need treatment that prisons don’t provide, but also can be put in dangerous situations when they are in prison. Despite this, they are more likely to end up in prison than in treatment.

Up until the 1960s in the United States, when someone had a severe mental illness, they were typically placed in a mental institution or asylum. In an effort to provide patients in mental institutions better community-based care and reduce government spending, the process of deinstitutionalization began. However, that is not how it played out. While the movement gave those with mental illness more rights and turned society away from locking them up, it released some that would have benefitted from long-term care that community centers could not provide. However, with many patients moving out of long-term treatment facilities, many of these facilities were shutting down. This left community mental health centers to try to treat illnesses they were not originally intended to. Another issue arose when insufficient funding was allocated for the community mental health centers, further overwhelming the new system. Because the difficulty of the transition from institutionalization to community care was underestimated, many—then and today—have gone without treatment. The lack of treatment for serious mental illness, like Schizophrenia, has led to the incarceration of many people with mental illness who should instead be treated.

Not Guilty by Reason of Insanity

Another issue that has contributed to the criminalization of mental illness is the difference between the clinical definition of mental illness and the legal definition. The diagnosis of mental illness is dictated by the Diagnostic and Statistical Manual of Mental Disorders (DSM). The law, however, sees mental illness as symptoms that impair mental functioning. The main diagnoses that fits into the legal definition are psychotic disorders, such as Schizophrenia. Even if someone has been diagnosed with a psychotic disorder, when pleading not guilty by reasoning of insanity, their lawyer must show that they were having symptoms at the time of the crime that contributed to said crime. This can be a difficult task as some states require that the symptoms are so severe that the defendant didn’t know that the crime was illegal. Even in cases where the defendant has shown this to be true, some juries will give a verdict of guilty to ensure that someone is held accountable for the offense.

Some states have gotten rid of the insanity plea altogether, while others have changed it to “guilty because of mental illness” meaning after treatment, they must serve their sentence in prison. This can sometimes put the progress a patient has made in jeopardy, as prisons are not a suitable environment for maintaining a newly achieved healthy mental state. In states where not guilty by reason of insanity is still in effect, those found not guilty by reason of insanity are supposed to be released after sanity has been restored. Yet, this is rarely the case; due to fear they will go off their medicine and commit the same violent crimes, many are held in treatment facilities indefinitely. With the threat of this outcome overhead, many opt out of the not guilty by reason of insanity plea and are instead place into a prison where they will not receive the appropriate care.

Because of the law’s strict definition of mental illness, many are being placed in already crowded, underfunded prisons. Because of the lack of mental health professionals, prisoners in some states, including Nebraska, may not receive medications for mental illnesses or have access to talk to counselors. This can cause the reemergence of once-controlled symptoms, making the prisoner with a mental illness a danger not only to himself, but also to others. Additionally, many with severe mental illness are put in solitary confinement for long periods of time. Psychologists who have studied the effects of solitary confinement have seen a pattern of increased mental health problems in people who were originally neurotypical. If this is true, the effects on prisoners with mental illness could be devastating. Not only are people being sent to prison when they should receive treatment, they are also being put in situations that make their symptoms worse and make it harder to reenter into society if their sentence allows.

Substance Use Criminalization

In addition to violent crimes committed because of mental illness, many nonviolent acts associated with mental illness are criminalized; Substance Use Disorders are recognized by the DSM V and are therefore diagnosable and treatable, but the law instead criminalizes it. While at any given time there are more convictions for violent crimes, more people are sent to prison a year for drug-related crimes than violent crimes. Studies have shown that those imprisoned for drug-use are unlikely to receive treatment and often return to using drugs once released because they lack the resources that treatment would have given them. Sending people with Substance Abuse Disorders to jail does not improve their illness.

Not only those with Substance abuse disorder are affected by this criminalization; those diagnosed with another mental illness are five to eighteen times more likely to have a comorbid Substance Use Disorder. This can further prevent someone who needs treatment from receiving it. Most prisons don’t have adequate resources to treat prisoners with mental illness, so imprisoning people for crimes that are directly tied to mental illness can be detrimental to their treatment and future.

Current solutions

Some states are trying to combat the increasing proportion of prisoners with mental illness not receiving treatment. With our corrections system slowly catching up with our understanding of mental illness, states—like California—are beginning to consider replacing their old jails, not with new ones exactly like them, but instead with centers focused on rehabilitation. They are not calling for moving all criminals with mental illness out of prisons, but instead treating those with mental illness while they serve their sentence. Additionally, they do want to increase the diversion from jails, but that will be done on a case-by-case basis and only for those who have committed a crime because of mental illness.

Stigma

Ultimately, the criminalization of mental illness has a lot to do with the stigma surrounding it. The general population connects mental illness with violence, which leads to harsher punishments. As a society, we need to reduce stigma before any change can happen. If we continue to see those with mental health problems as inherently violent, they will continue to be prosecuted and sentenced unjustly.

If The Steel Walls Could Talk: The Abuse of Human Rights Through The Use Of Solitary Confinement

This prisoner held in solitary confinement is kept in isolation with little sunlight.
Source:Yahoo Images

One of the saddest stories that I ever listened to was the story of Kalief Broder. He was a young man from the Bronx who spent three years in jail because he could not pay for his bail after being arrested in 2010.  I heard about this story while watching 13th, the documentary that examines the connection of slavery to the mass incarceration of Black people in America. While I looked at Broder’s experience through the lens of racial injustice, there was another piece to this disheartening story. Broder also spent two years in solitary confinement without being convicted of a crime or having a trial. Broder was finally released from prison in 2013; two years later, he committed suicide by hanging himself in his parents home. 

Kalief Broder, a victim of the effects of solitary confinement.
Source: Yahoo Images

After making the connection between solitary confinement and mental illness, I started doing more research on this and thought about it in the context of human rights. The connection stems from the lack of connection between human rights and the rights of prisoners. In the context of solitary confinement and human rights, the overpractice of solitary confinement violates the human rights of prisoners. These violations include torture, mental abuse lack of resources such as sunlight and social interaction. To give a background on human rights in the scope of prisoners, their rights have been recognized by the United Nations to protect those rights. According to the Office of the High Commissioner in the United Nations Human Rights Office of the High Commissioner, the basic principles on the treatment and conditions inmates were adopted and proclaimed by the United Nations in December of 1990. One of the most profound statements stated that “All prisoners shall be treated with the respect due to their inherent dignity and value as human beings”.  Although their rights have been recognized by the human rights community, most of the rights of prisoners are often abused due to this underlying notion that perhaps prisoners are not even seen as humans and do not need their rights to be protected. If their rights and humanity were protected by the state, then their rights would not be abused.

To give a context to the global prison system, the United States plays a big role within it. According to the Prison Policy Initiative, the United States has the highest incarceration rate worldwide. The use of solitary confinement is also used widely within the United States. The definition of solitary confinement is the isolation of a prisoner in a confined cell as a form of punishment. According to the Human Rights Watch, prisoners are “Prisoners in solitary typically spend 22 to 24 hours a day locked in small, sometimes windowless, cells sealed with solid steel doors”. While confined they do not have any contact with other inmates besides a prison guard that serves them their meals through a small opening on the door.  The National Public Radio  did a special series on the practice of solitary confinement. In the series, the hosts explain that the first documented use of solitary confinement in 1829. It was used in the Eastern State Penitentiary in Philadelphia. Based in Quaker belief, it was seen as a place where criminals were locked in a stone cell with a Bible to pray and repent for the crimes. Although it was seen as a place for rehabilitation, many criminals went insane and committed suicide while being locked in the cells. After this, solitary confinement slowly stopped being practiced for many decades. 

The Eastern State Penitentiary in Philadelphia, one of the earliest places where solitary confinement was used in the 1800s.
Source: Yahoo Images

This practice was proven to be detrimental to the mental health of human beings over the course of decades. As the statement proves to be true, it is still used widely in the United States. The Human Rights Watch has offered research to the growing use of solitary confinement in prisons. The research states that solitary confinement in US prisons is imposed for different reasons, but most commonly it is used as punishment for breaches of discipline such as disciplinary segregation to manage prisoners considered to be particularly difficult or dangerous through administrative segregation. The increase in solitary confinement in the United States has occurred primarily through administrative segregation, and particularly the segregation of prisoners in special super-maximum security facilities, which are built solely for this purpose. Solitary confinement is not only used to punish prisoners physically but also mentally. 

According to the American Civil Liberties Union or ACLU, the U.N. Special Rapporteur on torture, Juan Mendez, has condemned the use of solitary confinement, finding that the imposition of this punishment can constitute torture, cruel, inhuman or degrading treatment or punishment. The effects of solitary confinement are so damaging that it has been deemed as torture for human beings. According to the Human Rights Campaign, prisoners that are held in solitary confinement, they do not have opportunities for meaningful social interaction with other prisoners. The contact that they do have with officers is very brief and interaction only occurs when prisoners are being handed food through a small door. Phone calls and any visits by family and loved ones are severely restricted or prohibited. During the week, prisoners are let out for showers and solitary exercise in a small, enclosed space, sometimes indoors on a few times a week. They often have very little or no access to educational and recreational activities or other sources of mental stimulation. Lastly, they are usually handcuffed, shackled, and escorted by correctional officers every time they leave their cells. This also goes into them not having any access to sunlight or adequate housing that it is fit for the shelter of any human being. The research from the American Civil Liberties Union shows that the practice of solitary confinement can also damage an inmate on the psychological level. There are quite a few destructive effects of solitary confinement that include perceptual distortions and hallucinations increased anxiety and nervousness, along with self mutilation, severe chronic depression, and lower levels of brain activity. 

Another issue with this is the use of solitary confinement for inmates who are mentally ill. Statistics from ACLU state that most experts would estimate that approximately 10 to 20 percent of all prisoners in United States prisons suffer from a mental illness.  One story noted from ACLU from a prisoner who was mentally ill who spent time in solitary confinement actually set himself on fire and succumbed from his burns while another prisoner hung himself with a washcloth. It was also noted that prisoners were found to have attempted or have committed suicide, ingested razors, or have  pummeled their heads against walls. The issue with solitary confinement is the damaging psychological effects that it can have on the individual. By limiting social interaction, the prison is depriving one of social interaction that  is crucial for psychological growth and when that is interrupted that could have a detrimental influence on the individual. For those that are released from prison, they still face psychological harm from their time spent in solitary confinement. Craig Haney, PhD is a member of the American Psychology Association and a professor of psychology at the University of California who evaluates the psychological effects of solitary confinement on a human being. He states that “one of the very serious psychological consequences of solitary confinement is that it renders many people incapable of living anywhere else.” Then, when prisoners are released into cells or back into society, they are often overwhelmed with anxiety.” They actually get to the point where they become frightened of other human beings,” he said. These long term effects from solitary confinement leave a damaging mark on the humanity of these people and mentally abuses their human rights to the worst degree.

The effects of solitary confinement has damaging effects on the mental psyche of prisoners shown by this prisoner who is being held in isolation.
Source: Yahoo Images

With all of these human rights abuses, there should be an effort to abolish solitary confinement in prisons all over the world. It has too many detrimental effects on human beings and abuses the rights of prisoners and as members of society. There have been efforts by the American Civil Liberties Union to abolish solitary confinement. Their statement reads: “Over the last two decades corrections systems have increasingly relied on solitary confinement as a prison management tool – even building entire institutions called “supermax prisons” where prisoners are held in conditions of extreme isolation, sometimes for years or decades. But solitary confinement jeopardizes our public safety, is fundamentally inhumane and wastes taxpayer dollars. We must insist on humane and more cost-effective methods of punishment and prison management”.  In order for this issue to be solved, there must be major reform within the prison system and more access to mental health resources and rehabilitation services for prisoners. It does not do any good to lock people into cages to the point where they do not even know that they are human anymore. Even though they have committed crimes, these people are still human beings and their rights deserve to be protected. 

a demonstration by the people of Pennsylvania to abolish the practice of solitary confinement
Source: Yahoo Images

 

Misleading Media: Disabilities in Film and Television

 

Rows of seats in a movie theater.
Movie Theater Seats. Source: I G, Creative Commons

While one in four people in the United States live with a disability, it is unlikely that a person would give that estimate based on representation in popular media.   

Is this because of an overall misunderstanding about the parameters of disabilities among the general public?  Or do the producers of film and television realize they are failing to accurately represent society and just not caring? 

Even the media that currently feature characters with disabilities are often misleading and lean heavily into pre-existing, incorrect stereotypes.  Manifestation of this issue draws parallels with insensitive stereotypes about race, gender, and sexuality to the use of common (over-used) archetypes.   

Character Archetypes 

One way in which film and television often generalize people with disabilities is using character archetypes.  It worth noting that archetypes are not inherently bad, rather they become a problem when they are focused around a specific group of people. As a result, this creates/reaffirms the assumptions that people make about others.  When it comes to characters with disabilities, it is especially problematic, as these characters are rarely depicted outside of their archetypes while non-disabled groups may be more likely to have a nuanced portrayal.  

There are three main archetypes used in the creation of characters with disabilities: the helpless victim, the evil villain, and the inspirational hero. 

The Helpless Victim 

The helpless victim character is severely limited by their disability and is depicted as having little chance of happiness or normalcy in life unless their disability is removed.  This character is depicted as needing to be “saved” from their condition and are designed to evoke pity and sympathy from the audience rather than be viewed as a regular person.  These characters are often rescued from their disabilities through “miraculous” events whether it be an “unexplainable change” or directly stated as part of an intervention by a higher power.  Not only does this lead people to look at people with disabilities with the same pity they give fictional characters, but it also fosters an inaccurate depiction of many people’s experiences with their own disabilities.  Contrary to these depictions, people can have disabilities and live happy lives at the same time.  The helpless victim archetype is also sometimes used for comedic purposes. For example, a person with a disability does or experiences something related to their disability that mildly harms them or is considered inappropriate by societal norms.  This is shown in how Forest Gump is depicted in relation to his intellectual disability.  This allows people who do not have disabilities to feel comfortable with not taking people with disabilities seriously or giving them the same respect they give people who do not have disabilities.   

The Evil Villain 

The second main archetype is the evil villain, often designed as a dangerous and uncontrollable monster.  This character is often seen in horror films, such as the Unbreakable trilogy, Gerald’s Game, and many more.  The horror genre is notorious for using both physical and mental disabilities (often those that the general public is not well-educated on) to frighten audiences.  Since many of the disabilities that are targeted by this archetype are unfamiliar to most people, many audiences walk away having absorbed a great deal of misinformation and a fear of people with these disabilities.  These representations have led many people to believe that people with disabilities, particularly any mental disorders that are unfamiliar, are dangerous and should be avoided.  In reality, people have a tendency to largely overestimate the likelihood that a person with a mental health disorder will become violent.  Additionally, when people with these kinds of disabilities do become violent, is largely linked to other factors, such as substance abuse and family history. 

An example of the evil villain character is the Beast from M. Night Shyamalan’s Unbreakable trilogy.  The Beast is an alter in a system with Dissociative Identity Disorder (DID) that is depicted as having super-human abilities and a desire to get rid of all impure people in the world.  Throughout the series, he is depicted clearly as a violent monster.  For many people, these movies were their first exposure to DID, and, though it did not necessarily convince people that DID gives people supernatural capabilities, this has led to many people having a serious misunderstanding of DID and a fear of people who experience the disorder.  Even the “nice” alters in the system were depicted in a negative light, as they helped the Beast carry out his evil plans.  This representation of DID is also problematic because there are so many misleading or definitively incorrect ideas about DID propagated in these films.   

Shyamalan himself stated, “I wanted to take something scientific and psychologically proven and keep going with it.  The first two, three steps have been proven, then the next one was not proven, but it’s a question. Do you believe it, what I’m suggesting?  It is important to remember that real people have disorders like DID, not just fictional characters.  When you willingly spread misleading ideas about them, you are potentially causing serious harm to their present and future wellbeing which you can read more about in this blog. 

A parking spot reserved for people with disabilities.
Parking bay. Source: David Morris, Creative Commons

The Inspirational Hero 

The third main archetype is the hero/inspirational character with a disability is held up as an example of someone “overcoming the odds”.  These are the characters that lead people to say, “well if they can do that, then I can do anything!”  While it is considered a positive stereotype, it is nonetheless problematic for several reasons.  First, it suggests that the only way a person can be happy is if they are “cured” or if they overcome their disability.  It specifically frames disabilities as enemies to defeat rather than a part of daily life.  It can also lead people who do not have disabilities to believe that people who do have them will be fine if they only try hard enough.  As a result, this may make them believe they do not have to do anything to accommodate people with disabilities.  Depicting people with disabilities this way can also lead to people without disabilities looking to them for sources of inspiration and examples of courage rather than as regular people. 

Paul Hunt’s List of Stereotypes 

A 1991 study by disabled writer and activist Paul Hunt established a list of ten common stereotypes of people with disabilities.  This list includes depicting people with disabilities as: “pitiable/pathetic”, an “object of curiosity or violence”, sinister or evil, the “super cripple” (as if having a disability anoints them some sort of superpower), a way to establish atmosphere, laughable, their own worst enemy, a burden, “non-sexual”, or being unable to participate in daily life.    

The Connection to Human Rights 

Many people develop their understanding of different disabilities through the representations they see in film and television which impacts the way people are viewed by their local communities and, therefore, their ability to access their human rights.  The way students are treated by their classmates impacts how they benefit from their educational experience (Article 26 of the United Nations Universal Declaration of Human Rights).  The way people are treated by their employers (or potential employers) and co-workers impacts their access to a favorable work environment without discrimination (Article 23).  The way people are treated holistically by their community impacts their ability to actively participate in their communities (Article 27).  A community’s view of people with disabilities can also impact their willingness to make accommodations for them which further affects their ability to access the aforementioned rights.  

How Do We Identify Good Representation? 

One aspect of good disability representation is that a character’s purpose is not solely based on their disability.  If the character were replaced with a non-disabled character, without changing any other aspects of the story, would they have “a story, goals, relationships, and interests”?  In a good piece of representation, the answer would be “yes”.  While a disability might be a significant part of a person, it is not the only characteristic that shapes their experiences.   

The Entropy System, a system with DID who makes educational YouTube videos about DID, has come up with a list of four criteria to identify good representations of DID in media, three of which could be applied to other disabilities as well: 

  1. Does it “communicate proper diagnosis and treatment”? 
  2. Does it address the cause of the disability? 
  3. Is the character relatable?  Are they well-rounded and realistic? 

An Example of Good Representation: A Quiet Place 

John Krasinski’s film, A Quiet Place, is a wonderful example of quality representation.  In the film, the Abbot family is fighting to survive in a world where making a sound could be a death sentence.  Reagan, the daughter in the family, is deaf, which has led to the entire family’s ability to communicate silently through American Sign Language (ASL).  Reagan’s disability is not treated as a burden or as a superpower.  While their knowledge of ASL is a key tool in the family’s path towards survival, it does not change the way Reagan is treated as a character.  She is a normal kid.  She is a multi-dimensional character who has strong relationships with her family and faces personal struggles that are unrelated to her disability.  The character is also played by a deaf actress, which is an important part of good representation and surprisingly rare on television and in film. 

The existence of quality representation for people with disabilities is increasing in television and in films like A Quiet Place, but we still have a lot of work to do.  It will take time, but we can hopefully look forward to a day where people with disabilities are well represented in popular media. 

Cupcake and the State of Missing Children in the U.S.

Kamille Cupcake McKinney. Source: AMBER ALERT, Creative Commons.

It breaks my heart to write about the tragedy of the three-year-old little girl Kamille “Cupcake” McKinney, fondly known as Cupcake, who was abducted from a birthday party about two weeks ago here in Birmingham, Alabama. AMBER alerts were issued across Alabama and extended into neighboring states in an effort to locate her. The Birmingham police department had been updating the public on the efforts, but unfortunately a day after Mayor Randall Woodfin pleaded with the public to help find her, the remains of the little angel were found in a dumpster at a landfill in Birmingham. This is indeed a sad moment for not only the family of Cupcake and the city of Birmingham, but also for humanity as a whole. We as a society have failed the little angel, and she is indeed in a better place than this cruel world. My heart goes out to her family as this is an irreparable loss for them that cannot be made up with any amount of sympathy. We hope they are able to find solace and healing with time.

Mayor Woodfin held a vigil for “Cupcake” outside of Birmingham City Hall, where hundreds of people gathered to honor her. They expressed sorrow and solidarity for the innocent soul “whose disappearance gripped the Birmingham area for 10 days and whose death shook the city to its core.” Birmingham police department, City Council, community activists, faith-based leaders and the general public stood with heavy hearts and teary eyes to pay tribute to baby Kamille. This was one of the many vigils held in the city after the devastating news of her death, including the spot where she was last seen in Tom Brown village. Birmingham Police Chief Patrick Smith expressed his grief over the incident and how his department endlessly worked in hopes of bringing the child safely back home. He had some powerful words to say:

“I believe Kamille changed this city. A 3-year-old little girl has changed the landscape of the city of Birmingham. She made us stop and check ourselves. Check ourselves to see if we’re doing everything we can to keep our children safe from harm. Check ourselves to see if we’re truly the village that we promise to be. Check ourselves to see if we’re living up to the expectations of tomorrow and watching over our children today.”

This incident has called for a reflection of ourselves and of our community. It has made us question the safety of our own children because little Cupcake was one of us. We need to evaluate if we really are the village that we strive to be or are we too segmented and disconnected as a community and a society? It makes us question how safe our neighborhoods and cities are? Do we assume that someone will always be there to step in and stop it? Are there any truly safe spaces? The answers are to be found.

To this date, two persons of interest have been charged with kidnapping and murder in relation to Kamille’s disappearance. A similar case surfaced in South Carolina when the body of a 5-year-old girl Nevaeh Adams, who was missing since August, was also found dumped in a landfill within 24 hours of this tragedy.

Missing children is a bigger crisis in the U.S. than most people think, and unfortunately Cupcake was one of many. A child goes missing every 40 seconds here in the United States. Last year alone, more than 400,000 reports of missing children were made to law enforcement in the US, out of which almost 15,000 were kidnapped. The most commonly abducted group was of female children aged 12-17.

It is notable to consider the amount of coverage Cupcake was able to get and the reward amounts offered for her retrieval. Unfortunately, this kind of effort is not always the case for missing children, especially for those of color. A study by Ohio State University found that missing African American children are in fact underrepresented in news media making it difficult to spread the word about them and to retrieve them. This itself is a violation of the Article 7 of the Universal Declaration of Human Rights, which states that all are equal before the law and are entitled without any discrimination to equal protection of the law. The Black and Missing Foundation, a non-profit striving to bring awareness to the missing persons of color, issued a report suggesting that one reason for the under-representation of missing minority people is the widespread belief that such people live in impoverished conditions with crime being a regular part of their lives. This mindset contributes to the factor of racial consideration in the coverage and efforts of finding missing persons.

Cases of people who go missing generally involve multiple abuses of human rights. For example, the Universal Declaration of Human Rights ensures the rights to life, liberty and security of person (Article 3) and that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5). In a lot of cases, the right to life is also violated as in that of Cupcake and Nevaeh Adams. Additionally, the families of victims may face violation of human rights as well, such as the right to a family life. In case of the absence of official investigations, the families and survivors of the victims face the violation of their right to due process, to recognition of a person before the law, and even to the prohibition of torture. It is important to consider it as a human rights issue and the various ways in which the fundamental rights of the missing persons and their families are abused.

It is the responsibility of the state to ensure a safe environment for all its citizens and the community members to play their part in keeping it safe. In case of such unfortunate circumstances, the community seems to be limited to the aftermath and post-incident action. The states are under a legal obligation to conduct effective investigations for all missing persons and to guarantee that all abuses be officially investigated irrespective of the fact that whether or not those abuses are considered attributable to actions by the victim. International Humanitarian Law also obligates the search of the missing and complements the universal guarantees provided by human rights.

There are various reasons that a child can go missing. When children are kidnapped by strangers, it is often due to pedophilic motives and for sexual exploitation. Some kidnappings are also motivated by monetary reasons such as human trafficking, sex-trafficking, forced child labor, illegal adoption, or for ransom. These are generally well-organized illegal networks run nationally and internationally and are always on the lookout for potential target-children. A few rare cases also involve serious mental conditions or revengeful motives used for kidnapping, abducting, and hurting children. Parental abductions and runaways also constitute a large number of missing children, but the focus of this article are the abductions by strangers.

Now the question arises: What can we do on our part to prevent such unfortunate circumstances and to keep our children safe from predators in addition to actions taken by the authorities?

According to the American Academy of Pediatrics, most of these incidents happen when children tend to wander off without realizing the danger. Parents and guardians need to take necessary precautions to help keep their children safe by being more vigilant of their surroundings and ensuring a check on children. Some kids can be more curious, mischievous, and vulnerable than others. Parents need to ensure trustable adult supervision at all times, especially in crowded public places. While choosing daycares, schools, or camps for children, make sure that there are ample security measures and policies in place for kids’ safety. Adults also need to be very careful while hiring babysitters and should get necessary background checks and recommendations before letting someone be alone with their child. Additionally, children need to be educated and trained for potential crisis situations and ways to seek help. Train them to be mindful of strangers, encourage them to share any unusual happenings, and teach them about the resources and necessary actions when encountering an unusual situation. For children with special needs, parents and guardians should take extra precautions and make necessary arrangements for the safety of their children, as they might be more vulnerable than others.

Lastly, all of us need to stay alert of our surroundings and take active responsibility for helping authorities in our communities when AMBER alerts are issued for such cases. We can look out for people, vehicles, victims, or criminals as specified in the issued alert. We can help spread the word by sharing the information with others and volunteer to distribute posters of missing children. For specific cases, community members can conduct organized searches to help the police forces look for missing children. We should stay aware of our surroundings, report suspicious activities and people, safely intervene and help in situations to the best of our abilities, and know the community resources for taking appropriate action.

A number of resources are available for parents facing such an unfortunate situation of a missing child. In such an emergency, contact your local FBI field office or call the National Center for Missing and Exploited Children on 1-800-THE-LOST. The AMBER Alert program has also been credited with the safe recovery of 957 children to date and is a great way to get the word out in order to mobilize communities for the lookout. Parents are also encouraged to keep child safety kits which include all the necessary information like IDs, recent photos, physical characteristics, fingerprints, and other information about the child. These should always be kept intact to be used in potential emergency situations to assist the authorities in taking appropriate and immediate action.

We as a society need to re-evaluate ourselves, our values, commitments, priorities, actions, and safety in the light of these staggering realities and horrific instances. Little baby Cupcake will not come back to her family, but a lot of other children can find their ways back home through the joint efforts of authorities and community members. We all have to work together to make our communities safer for our precious children, who are the future of this world.

Cleaved and Clamored: The Crisis in Cameroon

On Tuesday, November 5th, the Institute for Human Rights co-sponsored an event alongside Cameroon Humanitarian Relief Initiative to present Herman Cohen (former United States Assistant Secretary of State for African Affairs) and Dr. Fontem Neba  (Secretary General of Cameroon Anglophone Civil Society Consortium). During their panel discussion, Cohen and Neba discussed the history of Cameroon, ongoing Anglophone discrimination, and potential resolutions to end the conflict.

As one of the most prominent voices advocating for Anglophone rights, Dr. Neba spoke directly about the atrocities taking place in Cameroon because he was recently detained for nine months after being charged with terrorism. Followed by its establishment as a federation in 1961 and an illegal referendum in 1972 that unified the Francophone majority (~80%) in the north and Anglophone minority (~20%) in the south, Cameroon has endured significant conflict. With political power most harbored in the north, Anglophone Cameroonians have experienced pressure to assimilate and prevention to secede, which led to a civil war in 2016 that has been riddled with human rights violations. More specifically, the Cameroonian military has permeated the south with their influence by committing heinous acts such as destroying Anglophone schools, burning crops, and murdering separatists. As a result, these acts have led to famine, homelessness, and institutional instability throughout the south. Additionally, thousands have been jailed for speaking out against the Franchophone government, while approximately a half-million are internally displaced and another 40,000 have sought refuge in Nigeria.

Neba describing Cameroon’s geographic division. Source: UAB Institute for Human Rights

Cohen then spoke about the crisis in Cameroon by drawing parallels with Eritrea which Ethiopia turned  a province before it eventually became an independent country. Although, the international community has been passive about the events unfolding in Cameroon. One exception is none other than the Trump Administration, which signed an executive order last month that effectively removed Cameroon from the African Growth and Opportunity Act. As a result, this action prevents Cameroon from profiting off duty free sales to the U.S. Additionally, south Cameroonians have found an Anglophone ally in Nigeria, making the prior impervious to defeat, while north Cameroonians have been increasingly critical of their government because they are not benefiting from the country’s strong economy. Thus, Cohen argues the U.S. is in the unique position to mediate a resolution. However, the Trump Administration has adopted an isolationist position, which currently places the U.S. distant from potential negotiations. Following, he suggested that the Cameroonian diaspora in U.S. should write letters to their local representatives and urge a cease-fire agreement.

After their presentations, Cohen and Neba took questions from an appalled audience. Addressing a question about the realistic options in our current political environment, Cohen insisted the United Nations Security Council must initiate negotiations and that it must be settled between warring factions; his personal suggestion is that they return to a federation relationship. Additionally, Cohen responded to a question that mentioned the role of former colonial powers, where he mentioned that Great Britain is currently distracted by Brexit, while France, despite reluctance from southern Cameroonians, is taking initiative to mediate the conflict. When asked how geopolitics, namely natural resources, influence this conflict, Neba claimed south Cameroon is rich in cocoa and timber as well as a fevered, educated populace. Although, he argued the region cannot become economically independent because their oil supply, which is on the border, is property of the government. In response, a passionate audience member, and Cameroon native, insisted south Cameroon, much like other small countries, can be independent without an oil industry.

Cohen answering an audience question. Source: UAB Institute for Human Rights

Cohen argued this crisis has potential to become a “Rwanda situation”, but, thankfully, a potential resolution doesn’t require money or soldiers. However, the current trajectory of this crisis primarily lays in the hands of Cameroon (who is persistent on military intimidation), Nigeria (who has enabled separatists in the south), and the U.S. (who has implemented economic sanctions). Thus, these conflicting narratives put human rights advocates in the position to highlight this pressing issue whether it be mentioning it on social media, writing to your local representative, or donating to humanitarian relief.

Examining Period Poverty

A worker trims and stacks sanitary pads before they are lined and sewn at the Afripads factory.
A worker trims and stacks sanitary pads, Source: Yahoo Images.

Period poverty is the lack of access to sanitary products, menstrual hygiene education, toilets, handwashing facilities, and or waste management. The term also refers to the increased economic vulnerability that women and girls face due to the financial burden posed by menstrual supplies. In least-developed and low-income countries, access to hygienic products such as pads, tampons, or cups is limited. This means that girls will often resort to using proxy materials such as mud, leaves, or animal skins to try to absorb the menstrual flow. As a result, such women are at a higher risk of developing certain urogenital infections, like yeast infections, vaginosis, or urinary tract infections. This becomes an issue because while the majority of women are of reproductive age, the majority of these women and girls are unable to practice proper hygiene practices. Consequently, women and girls around the world, especially in developing countries, face numerous challenges in managing their menstruation. Furthermore, some/many women are forced to approach this normal bodily function with silence due to stigma, as some communities consider menstruation to be taboo.

What causes period poverty?

One cause is that pads and other supplies may be unavailable or unaffordable. This means that women are often forced to choose between purchasing sanitary pads and different basic needs, or they may live in areas where there is no access to hygiene products at all. More importantly, young girls may lack access to toilet facilities with clean water to clean themselves while on their periods. In addition, discriminatory cultural norms make it challenging to maintain good menstrual hygiene as women often have to hide, or the community may not put enough effort into establishing hygiene facilities or practices around them. Also, some women and girls lack the necessary education and information about menstruation and good hygiene practices because topics around menstruation and proper hygiene practices are rarely discussed in families or schools.

What is more, other girls may experience menstruation with little or no knowledge of what is happening. This makes it harder for women to adopt sanitary practices because most remain unaware of recommended hygiene practices. In many communities, menstruating girls and women are still banned from kitchens, crop fields, or places of worship. There is also the issue of forced secrecy in communities where girls are exposed to ‘menstrual etiquette.’ This etiquette encourages the careful management of blood flow and discomfort and the importance of keeping menstruation hidden from boys and men.

A Human Rights Issue.

It is important to consider gender inequality, extreme poverty, and harmful traditions as the source of menstrual hygiene deprivation and stigma. This often leads to exclusion from public life, heightened vulnerability, and creates barriers to opportunities such as employment, sanitation, and health.

Some of the human rights that are undermined by period poverty include,

  • The right to human dignity– When women and girls cannot access safe bathing facilities and safe and effective means of managing their menstrual hygiene, they are not able to manage their menstruation with dignity. Menstruation-related teasing, exclusion, and shame also undermine the right to human dignity.
  • The right to an adequate standard of health and well-being Women and girls may experience negative health consequences when they lack the supplies and facilities to manage their menstrual health. Menstruation stigma can also prevent women and girls from seeking treatment for menstruation-related disorders or pain, adversely affecting their health and well-being.
  • The right to education  Lack of a safe place or ability to manage menstrual hygiene as well as lack of medication to treat menstruation-related pain can all contribute to higher rates of school absenteeism and poor educational outcomes. Some studies have confirmed that when girls are unable to manage menstruation in school properly, their academics and performance suffer.
  • The right to work  Poor access to safe means of managing menstrual hygiene and lack of medication to treat menstruation-related disorders or pain also limit job opportunities for women and girls. They may refrain from taking specific jobs, or they may be forced to forgo working hours and wages. Menstruation-related needs, such as bathroom breaks, may be penalized, leading to unequal working conditions. And women and girls may face workplace discrimination related to menstruation taboos.
  • The right to non-discrimination and gender equality Stigmas and norms related to menstruation can reinforce discriminatory practices. Menstruation-related barriers to school, work, health services, and public activities also perpetuate gender inequalities.

What is being done?

In spite of the issues presented, it is essential to acknowledge that a lot is being done around the world to help eradicate period poverty.

For example, UNFPA (United Nations Population Fund), has various approaches to promoting and improving menstrual health around the world. Some of them include,

  • UNFPA reaches women and girls directly with menstrual supplies and safe sanitation facilities. In humanitarian emergencies, UNFPA distributes dignity kits, which contain disposable and reusable menstrual pads, underwear, soap, and related items. (In 2017, 484,000 dignity kits were distributed in 18 countries.)
  • The UN organization also promotes menstrual health information and skills building. For example, some UNFPA programs teach girls to make reusable sanitary napkins. Others raise awareness about menstrual cups.
  • Furthermore, the organization aims to improve education and information about menstruation as human rights concerns. This is done through its youth programs and comprehensive sexuality education efforts, such as the Y-Peer program.
  • UNFPA also procures reproductive health commodities that can be useful for treating menstruation-related disorders. For instance, hormonal contraceptive methods can be used to treat symptoms of endometriosis and reduce excessive menstrual bleeding.
  • Similarly, UNFPA is helping to gather data and evidence about menstrual health and its connection to global development. For instance, UNFPA supported surveys provide critical insight into girls’ and women’s knowledge about their menstrual cycles, health, and access to sanitation facilities. A recent UNFPA publication offers a critical overview of the menstrual health needs of women and girls in the Eastern and Southern Africa region.

 Further Recommendations

While there exists a lot of support to help end period poverty, there is still a lot that can be done to improve access to sanitary products, menstrual hygiene education, toilets, handwashing facilities, and, or waste management. Human Rights Watch and WASH United recommend that groups which provide services to women, evaluate their programs to determine whether a woman or girl has,

  • Adequate, acceptable, and affordable menstrual management materials;
  • Access to appropriate facilities, sanitation, infrastructure, and supplies to enable women and girls to change and dispose of menstrual materials; and
  • Knowledge of the process of menstruation and options available for menstrual hygiene management.

Practitioners engaged in programming or advocacy related to menstrual management should also,

  • Have an awareness of stigma and harmful practices related to menstruation in the specific cultural context where they are working.
  • Support efforts to change harmful cultural norms and practices that stigmatize menstruation and menstruating women and girls;
  • Address discrimination that affects the ability to deal with menstruation, including for women and girls with disabilities
  • Be aware of and incorporate human rights principles in their programming and advocacy, including the right to participate in decision-making and to get information.

Moreover, women and girls must have access to water and sanitation. This will allow the establishment of private areas to change sanitary cloths or pads, clean water for washing their hands and used fabrics, and facilities for safely disposing of used materials or drying them if reusable.  It is also imperative that both men and women have a greater awareness of menstrual hygiene. This means that training and learning courses should be made available for women and young to teach them the importance of menstrual hygiene and the proper practices. Likewise, educating boys on the challenges and struggles girls face could help reduce stigma and help them become more understanding and supportive husbands and fathers. Less work has been done in this area, but the benefits of educating boys about adolescence for both themselves and female students are increasingly being recognized.

It is essential to acknowledge that there is still limited evidence to understand women’s use of sanitation and menstrual management facilities. Therefore, there is a need for individuals to pay special attention to the needs of women and girls all over the world.

Healthcare Disparities for Rural Communities

Hospital closed sign directing patients to the next nearest hospital
Hospital Closed. Source: Nigel Goodman, Creative Commons

Access to healthcare is one of the biggest predictors of health. When someone has access to healthcare, they are more likely to seek treatment for and catch chronic diseases in early stages. This can greatly improve health outcomes and quality of life. However, when access to healthcare is restricted in any way, health outcomes and quality of life decrease, those who need consistent treatment may go without, and preventable deaths increase. Rural areas disproportionately face decreased access to healthcare, which greatly affects the health and productivity of these already disadvantaged areas.

Lack of Insurance

There are many barriers to healthcare that rural Americans face. First of all, there is a lack of insurance. This is mainly because insurance premiums are more expensive in rural areas than they are in urban areas. Urban areas have larger populations, which encourages more insurance companies to compete with each other, driving the costs of premiums down. Additionally, their larger population means the cost of medical expenses can be spread among more people. This also lowers premium prices. Because these two factors are not present in rural areas, they are left without affordable healthcare.

Additionally, many people in rural areas have incomes that fall in the gap between qualifying for Medicare and being able to afford private insurance. Medicare is available to specific low-income groups. In states that haven’t expanded Medicaid, the most common income limit for Medicaid eligibility is 43 percent of the Federal Poverty Line and childless adults are excluded regardless of income. These qualifications leave over 2 million adults in the United States uninsured.  Insurance is important because it can help cover costs of healthcare which can otherwise become insurmountable. Those without insurance are less likely to seek healthcare, and when they do, it is typically worse quality than those with insurance receive.  Additionally, when an uninsured individual does seek healthcare, the costs are sometimes too high and turn into medical debt. Since much of the rural population is uninsured, these problems plague many of them.

Closing Hospitals and Pharmacies

Those that do have insurance still face a bigger problem: many rural areas don’t have hospitals within a twenty-minute drive. 25 percent of those living in rural areas report that they have to drive at least 30 minutes to get to the nearest hospital. In fact, almost one in four rural Americans say access to adequate healthcare is a major issue for them. Additionally, many hospitals in rural areas are shutting down, leaving communities without the healthcare they are used to. Since 2010, there have been over eighty rural hospital closures, mainly in the southeast. These hospital closings have a devastating effect on the communities they were a part of. Mortality rates for accidents, heart attacks, strokes, and anaphylactic shock risedue to longer ambulance rides. Additionally, residents may be unable to attend routine appointments because of transportation limitations; much of the rural population is elderly, which restricts their ability to drive, and public transportation is less common in rural areas than urban areas. This also means that with the onset of troubling symptoms, residents of rural areas may wait longer to see a doctor because of the inconvenience.

Many rural areas also lack pharmacies, which can hurt those who rely on prescription drugs for good health. Even the rural communities that have hospitals may lack a pharmacist, and many of the pharmacies in rural areas are in danger of closing; many have already. This is due to higher costs of medications at rural pharmacies and lack of pharmacists in rural areas. This can have a devastating effect on residents, as many go periods of time without their prescriptions—like Insulin or medication for depression— until they can get to the nearest pharmacy. Additionally, pharmacists in rural areas are helpful in educating the community on when they can use over-the-counter meds and when patients should see a doctor.

But why are hospitals and pharmacies closing? They have few patients, many uninsured, and they are greatly affected by states’ refusal to expand Medicaid. Medicaid expansion, which 14 states have not ratified, would close the gap between those that qualify for Medicaid and those that can pay for private insurance. As discussed previously, those with insurance are more likely to seek medical care, which would bring more business—and therefore, funding—to hospitals and pharmacies, making them less likely to close. Additionally, they lack the staff required to stay open. 99 percent of students in their last year of medical school report they plan to live in communities with over 10,000 residents. Without a staff, a hospital cannot stay open.

Lack of Specialists

In many rural areas, including those with hospitals, there’s a lack of specialists, like oncologists and OB/GYNs among others. Specialists typically work in large hospitals that have adequate resources, so they tend to reside in cities. This means that those with specialized needs often have to drive to the nearest city to receive care. Traveling can pose a problem to many rural Americans as many of them are older, but this also affects many younger rural inhabitants as they may not have the time off from their jobs to drive hours to receive specialized care. This leaves many without treatment that they need and worsens health outcomes. This is especially concerning considering many rural communities have higher rates of diseases than urban communities do. Specifically, “rural African Americans have higher rates of cancer morbidity and mortality than other rural residents and have higher rates of comorbid conditions” according to Robin Warshaw from the Association of American Medical Colleges. Rural African Americans also have higher rates of disease than urban African Americans. This makes the fact that specialists are not easy to access even more concerning, especially considering they are the largest rural minority. Minorities in general have less access to healthcare, and living in an area that doesn’t have easy access to healthcare in general can exacerbate this issue.

Low Health Literacy

The healthcare system is complex, which means that patients have to work to understand what care they need and when they need it. The ability to do so is called health literacy. Studies have shown that health literacy is important to health outcomes. The higher level of health literacy a person has, the more likely they are to seek out preventative care, such as screening tests and immunizations, that can catch diseases in early stages or prevent them altogether. If a patient doesn’t understand what the doctor tells them, they are less likely to be comfortable enough to seek care. Additionally, higher health literacy rates make it easier to understand how to manage existing conditions. In addition to less access to healthcare, rural Americans have lower health literacy, which compounds their health problems. However, because rural citizens are less likely to have access to health care, it is especially important for them to have high health literacy, which can be attained by using programs that work to educate patients and clinicians on the importance of patients having an active role in their healthcare.

Solutions

Rural healthcare in America is a big problem, but it can improve. In addition to the health literacy programs, there are many solutions to close the gap in healthcare between rural and urban areas. While the common medical school experience trains students for work in populated areas, a consortium of 32 medical schools has created a rural healthcare track with their medical schools. This not only puts more doctors in rural areas, but also trains them for rural areas’ specific health needs. While the program is too new to see a significant increase in rural healthcare professionals, the majority of students who have gone to residency have stayed in rural areas and are studying specialties that are in much needed in rural areas. Additionally, there are many scholarships for those planning on practicing medicine in rural areas, further encouraging medical students to practice in areas in need of doctors.

Why Are Chilean Civilians Protesting?

Chile is a Spanish-speaking country located to the west of Argentina in South America. Its ribbon-like shape allows it to be a part of many different climates, from the Atacama Desert to the North to the snowy Alpine climate to the South. According to the BBC Country Profile, Chile’s population amounts to about 17.9 million people, with 6.7 million people living in Santiago, its capital city.

An image of the map of Chile.
Top 10 Hardest Working Countries of the World. Source: Workspirited, Creative Commons

Chile is a free country. The Freedom in the World 2019 Profile rates Chile as Free with a score of 94 out of 100. According to the report, Chile’s Freedom Rating, Political Rights, and Civil Liberties are rated as most free due to its growing civil rights efforts that emerged after its transition to a democracy in 1990. So, why are there high-scale protests currently spanning the country? High costs and economic inequality are largely to blame.

According to the Organization for Economic Co-operation and Development (OECD), Chile’s income inequality is ranked 3rd in the world, only behind Costa Rica and South Africa (for reference, the United States is ranked sixth).

These statistics explain why the youth in Chile are currently protesting rising transport fares. In early October, “the government announced that the metro rush hour prices would rise by 30 pesos ($0.04).” These slight rises to the metro fare were met with backlash from many school children, who responded by jumping over metro turnstiles or even destroying them while chanting the phrase “Evade, and not pay, is another way of fighting.” These protests even spread to supermarkets and petrol stations where fires raged the streets during the night. It was due to these protests that the president, Sabastian Piñera, decided to declare a state of emergency while also issuing curfews in select locations. Last used after the 2010 earthquake, the state of emergency suspends free movement and assembly with the main purpose of maintaining public order. With this employed, “the military is [tasked] to guard the streets, with generals appointed in every region where the state of emergency is valid.” Piñera claimed that Chile was “at war against a powerful enemy, who is willing to use violence without any limits” while characterized these events as a problem concerning rebels rather than the government. Although it may seem that calling a state of emergency may be justified, since these unorganized protests involved setting fire to many metro stations, attacking Chile’s largest private electricity company, and throwing stones at the police, it did not bode well for Chile’s president whose policies have allowed him to appeal to businesses and investors while staying disconnected from the Chilean people.

A stack of gold round coins, stacked like an exponential graph
Gold Round Coins. Source: Pexels, Creative Commons

Economic inequality has been a major problem in many societies around the world with about “80 [of the] richest people on the planet now own[ing] as much as the bottom half of the world’s population” today. This problem has been so profound that even the International Monetary Fund (IMF) has declared income inequality as a central challenge of this century. And, as seen in Chile, outrage over these policies have spurred many to protest the subsequent injustices and push it as a central issue in political discourse.

Inequality, especially in terms of income and wealth, has significant influence on human rights. Without access to money or a stable income, many are restricted in access to healthcare, education, food, and other commodities and services that every person should be able to access. The lack of access to these goods violates the 25th Article of the Universal Declaration of Human Rights which states “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” Due to the ubiquity of poverty worldwide, this demonstrates that much of the world still has a long way to go until universal human rights are achieved. Inequality also distances the poor from proper services, such as some form of education, proper shelter, and access to water, which creates conflict between disadvantaged and affluent communities. By denying these universal human rights, countries are willing to perpetuate (extreme) inequality, which restricts access to fundamental needs that ensure equitable and sustainable living conditions.

According to an article posted by the Center for Economic and Social Rights, focus on economic inequality remains silent despite its major ramifications on the lives of people across the world. The article questions why the human rights community is relatively silent on an issue that challenges what human rights stands for in the first place and how the community can advance policies such as fiscal reforms, wage protections and social protection floors. While it is true these reforms and actions may help bridge the gap between the rich and poor, some of the larger scale benefits these programs can fund are financial literacy and incentives for self-governance.

A Chilean Flag
Chile | Democracy Now! Source: Democracy Now, Creative Commons

Looking at Chile specifically, the “richest 1 percent of the population earns 33 percent of the nation’s wealth.” This comes with the fact that 50% of laborers earn less than 400,000 pesos a month (about $550). Although Chile is recognized as a stable, peaceful, and wealthy country, those international impressions stand on very weak pillars, especially when looking at economic inequality across the board. These protests have also been peaceful, with many involving more than 5 percent of Chile’s population. According to Stephanie Diaz, a sports teacher living in a working-class neighborhood in Santiago, in an interview with Vox, “This protest is not about 30 pesos, but 30 years. It’s 30 years since the return to democracy, but we have preserved a constitution made under the dictatorship.” Chile’s 1980 constitution, which preceded a military dictatorship, made goods and materials, even those considered as public goods, privatized. As a result, this raised the value and cost to produce and distribute such resources. Furthermore, privatization has influenced Chile to have the highest university tuitions in the world which has, alone, indebted approximately 4.5 million people in the workforce.

According to Vox, Chile’s president’s approval rating had dipped below 14 percent, a historic number when looking at the amount of people who are livid and fighting peacefully for change. Such disapproval comes as Chile plays host to the Asia-Pacific Economic Cooperation meeting in November, where President Donald Trump and China’s Xi Jinping will be visiting to negotiate a trade deal, and the UN Climate Change Conference occurring in December. A solution proposed by Shivani Ekkanath in an opinion piece of the Borgen Magazine lays along the lines of cracking down on bureaucracy, fixing the misallocation of funds, ending corruption, etc. in order to lift the economic burden of poverty and other kinks in the economic system.

Based on what has occurred in Chile thus far, it appears the rise in metro prices by 30 pesos was simply the tip of the iceberg. Growing economic inequality combined with more business-friendly practices has caused more workers and everyday Chileans to suffer and be unable to work toward a promising future for themselves and their families. And, as seen when with economic inequality, the growing gap between the rich and poor simply brings into light how it is both a cause and a consequence of violations of human rights such as access to care, education, and housing. Current protests like these help us understand that even countries regarded as stable are not always what they seem unless one looks at the lives of everyday people. Thus, we must focus on social and economic stability by employing a human rights perspective through the view of the common Chilean rather than a perspective at a state-wide level. Chile is an excellent example of people fighting for fairness in society peacefully, where progressive fiscal reforms should be utilized and promoted, rather than solely looking to appeal businesses.

The Nutrition and Health Crisis in Venezuela

Child wears hat that says Venezuela on it and stares off into the distance.
ELEICOES 2013 NA VENEZUELA. Source: Joka Madruga, Creative Commons

The current president of Venezuela, Nicolás Maduro, was elected in 2013 by a very small margin. During his first term, the Venezuelan economy took a turn for the worst. He was reelected for a second term in 2018, but his opponents feel that the election wasn’t valid because many of the other candidates were made ineligible to run or even jailed, so the National Assembly does not recognize his presidency and considers the presidency vacant. According to the Venezuelan Constitution, in cases of a vacant presidency, the leader of the National Assembly (currently Juan Guaidó) takes over as president. Guaidó has very little political power because the military still supports Maduro.

I first heard about the political and economic unrest in Venezuela when I went on an exchange trip to Spain in May of 2016. My host family had moved to Spain eight months earlier because their jobs had been the first affected by the economic downturn. They were lucky that the dad was a Spanish citizen—it was much easier for them to move to Spain than if none of them had been citizens—but many Venezuelans have not been so lucky.

Protests in Venezuela
Venezuelan Protests. Source: Trong Khiem Nguyen, Creative Commons

Since 2015, health statistics have been underreported—if they’ve been reported at all. December of 2016 marked the last report from the Venezuelan Ministry of Health. This report describes an alarming increase in previously eliminated and controlled infectious diseases, such as malaria and diphtheria, and in maternal and infant mortality rates. The report has many alarming statistics, but aside from that, it is the last one to have been published. Additionally, the Health Minister who published the report was fired immediately afterward.

With no one within the country reporting on the health needs and statistics of the people, it is nearly impossible for other countries to give external aid. Additionally, even when aid sent, the Venezuelan government refuses help. Even nongovernmental organizations (NGOs) are forced by law to refuse help: the Supreme Court ruled in 2010 that any NGOs receiving financial assistance from other countries would be committing treason. This has a devastating impact on the citizens as they are not receiving the help that they need.

The situations in the hospitals are dismal. According to a survey conducted by the political opposition, many services in hospitals are not consistently available, if at all, due to lack of supplies. Many supplies have gone missing from public hospitals and clinics, and those being shipped in often are embargoed and never make it past the ports. The reason is unknown, but many suspect it has to do with the corruption of the government. This has forced patients to bring their own medical equipment—which can include anything from medicine to surgical equipment—when going to the hospital, so they know they’ll have what they need. Private clinics, which have most of the supplies they need, ask for payment in US dollars, which means only the wealthiest can get that level of care. This leaves the average citizen without proper medical care in a country where the government is actively keeping lifesaving materials out of the hands of doctors.

Because of the low levels of health care, many diseases are reemerging and worsening. Between 2008 and 2015, there were no cases of diphtheria reported and one case of measles reported. However, in the past three years, over one thousand cases of diphtheria and over six thousand cases of measles have been confirmed. These statistics show a lack of vaccinations in children, which is potentially due to limited vaccines available. Malaria rates, which were once controlled through pesticides, medication, and reduction of mosquito breeding areas, have increased by over ten times from 2009 to 2017. Tuberculosis cases more than doubled from 2014 to 2017, which is even more concerning with the cases of untreated HIV on the rise as well. According to the Human Rights Watch, “Venezuela is the only country in the world where large numbers of individuals living with HIV have been forced to discontinue their treatment as a result of the lack of availability of antiretroviral (ARV) medicines.” 90 percent of HIV positive Venezuelans have to live without ARV medicines, and these people are majorly susceptible to and will be severely affected by the many diseases that are on the rise. Because all of these diseases are on the rise and the limitations of hospitals, maternal and infant mortality rates in Venezuela have risen back to their levels from the 1990s. Venezuela is the only Latin American country where this has occurred.

In addition to the health crisis, there is also a nutrition crisis. The last nutrition data published was in 2007, but many Venezuelans report only eating yuca or a tin of sardines for their one meal of the day. According to the UN’s Food and Agriculture Organization (FAO), 11.7 percent of the population is undernourished, meaning they are not getting enough nutrients. This is severely affecting Venezuelan children; as of March 2018, 17 percent of children under 5 in lower income areas of Venezuela have moderate acute malnutrition (MAM) or severe acute malnutrition (SAM)—a 7 percent increase from February 2017 and a level of crisis.  According to WHO, the fatality rates for children under the age of five who have SAM and MAM are between 30-50 percent, so it is important that children not only have access to healthy food, but that hospitals also have access to the necessary treatments, and at this time that is not generally the case in Venezuela. Pregnant women are also affected by MAM and SAM, which can lead to adverse outcomes during pregnancy, childbirth, and the child’s infancy.

Venezuela is not the only country that is experiencing a health and food crisis. However, many countries have these issues due to lack of resources, funding, or aid. While Venezuela is experiencing an economic downturn, they have been offered plenty of aid, which they have repeatedly refused. Additionally, the lack of reporting health and nutrition statistics is concerning for many reasons. First, this most likely means that no one, including the Venezuelan government, knows the extent to which the Venezuelan citizens are suffering. Second, it shows that the Venezuelan government is willing to conceal the level of suffering experienced by its citizens in order to protect their image, instead of asking for assistance; it sends a message that they do not care about the wellbeing of the citizens they are supposed to serve and protect. The UN continues to urge the Venezuelan government to let them send assistance, warning that their situation can become much worse than it already is, but they continue to refuse and push back on any assistance offered and put the lives of their citizens on the line.