Globe outside the United Nations. Photo by Samih Eloubeidi.
A few months ago, I was sent to the United Nations as an Official Rapporteur to the 12th Session of the Conference of State Parties to the Convention on the Rights of Persons with Disabilities (COSP). The theme of this year’s COSP was implementing the Convention on the Rights of Persons with Disabilities (CRPD) to ensure the inclusion of persons with disabilities (PWD) in society. While at the conference, I attended several side events that highlighted how different NGOs, companies, and organizations have made efforts to include PWD in all facets of society. Furthermore, I had the opportunity to transcribe the General Debate and Round Table Three Discussion of the General Assembly, both of which focused specifically on the inclusion of PWD in society through participation in cultural life, recreation, leisure, and sport. For this blog post, though, I want to focus on two of the side events I attended, because I believe that the personal lessons they taught me were the most valuable lessons I learned at the conference.
The first side event I attended detailed how artificial intelligence (AI) and other technology can be used to increase the inclusion, participation, and independence of PWD. Many of the panelists noted that while AI can help PWD, it can also be an obstacle that further perpetuates the societal exclusion of PWD. In response to this point, Megan Lowery, the representative for Microsoft, highlighted the importance of including PWD in the creation and dissemination of technology, noting that their input is indispensable for ensuring that the AI is in fact facilitating PWD’s inclusion and participation. As a testament to this, Alejandro Moledo from the European Disability Forum (EDF) detailed “Plug and Pray?”, a report created by the EDF to provide a perspective from PWD on emerging technologies. The report highlights the concerns and risks PWD have about these technologies and provides partial recommendations to policy makers and AI creators.
The second side event I attended focused on deinstitutionalization in the Arab region to support the inclusion and independence of PWD. As a Middle Easterner myself, I was particularly excited about this panel and the insights it would provide. Her Excellency Haifa Abu Ghazaleh and Her Excellency Ghada Wali both detailed that institutions should be made to provide health care, educational opportunities, and other resources for PWD rather than just being institutions where PWD are placed. In this way, PWD would have systems of support that would allow them to live independently while also giving them access to opportunities that could increase their inclusion in society. The discussion was opened to the panelists, all of whom were PWD; Mr. Ibrahim Abdullah, Mr. Mohammed Lotfy, and Mr. Muhannad Alazzeh. Mr. Abdullah stated that he is supportive of deinstitutionalization due to the fact that institutions isolate children with disabilities from their communities, while both Mr. Lotfy and Mr. Alazzeh supported transforming the institutions into support systems for PWD.
While these events were incredibly informative, it is not the information alone that has stuck with me. As I watched the panelists and speakers share their thoughts, the phrase, “a seat at the table”, continuously came to mind; the panelists and speakers at both side events I detailed were PWD discussing issues that PWD face. To me, this is what true representation is supposed to look like. When dealing with issues pertaining to any minority group, the people from that minority group should be responsible for leading the discourse. It is upsetting to see, then, that many people try to lead discourse when the discourse is not theirs to lead. Being well versed on the plight and issues that other minority groups face does not and should not make allies feel as though we can adequately address these issues. It is true that all minorities face struggle, but that is the extent of the commonality between us; every minority faces struggles differently, and we cannot assume that our own struggles are similar to, or even on the same level as, the struggles others face. After being at the conference, I realized that sometimes I too try to be a voice for others. However, I understand now that when it comes to discourse pertaining to other minorities, my voice is solely meant to be used to support, rather than to supplant, their voices.
From this, I also learned what it means to truly be an ally. An ally is someone who stands on the periphery of the aforementioned table, allowing the ones whose issues are being discussed to be the ones claiming the seats. However, as allies, we cannot be selective on which tables we stand on the periphery of, and this is where the conference revealed a major fault in my being an ally. I pride myself on being an adherent to intersectionality, so I was disappointed in myself when I realized that I have never included PWD within the realm of my discourse pertaining to minority rights. However, to be pro-black, pro-Muslim, pro-women, etc. is to be an advocate for the rights of PWD; these identities are not mutually exclusive. Thus, when I say that I am an adherent to intersectionality, I have a responsibility to include all minorities within this claim of adherence.
I believe that for any internal growth to occur, we need to be challenged. Without being challenged, our thought processes and views of life are static, hindering us from moving forward and evolving into better versions of ourselves. I am grateful to the IHR and Dr. Reuter for giving me the opportunity to attend the COSP, for without this experience, I do not think I would have had these faults revealed to me as clearly as they were. As I move forward, I will carry these lessons with me and continue working on bettering myself as both a person and an ally.
Electric Towers During Golden Hour. Source: Pixabay, Creative Commons
On Saturday, September 21st, 2019, the Institute of Human Rights co-sponsored an event with Alabama Young Democrats that featured former Vermont gubernatorial candidate Christine Hallquist. Hallquist’s visit to UAB focused on a screening of her released documentary “Denial” which covers her time as the CEO of Vermont Electric Cooperative while she advocated for sustainable energy and processed her gender identity.
Upon announcing her 2018 gubernatorial campaign in Morrisville, Hallquist officially became the first openly transgender major party nominee for governor. Her campaign focused on increased broadband access, universal healthcare, and an aggressive stance on climate change. After winning the Democratic nomination, she ran against incumbent Phil Scott and gained over 40% of the popular vote. Though losing the gubernatorial campaign, Hallquist continues to be an activist addressing climate change and being a fighter for all those experiencing discrimination or fear based on gender identity.
“Denial” details the life of Christine Hallquist, discussing two major issues, her gender dysphoria (as David in the film) and the increasing threat of climate change in people’s lives. As the CEO of Vermont Electric Cooperative, Hallquist pushed to promote cleaner methods to produce energy, such as wind turbine farms, solar energy, and smart meters. The movie also explores Hallquist’s transition into womanhood through the lens of her son, Derek, who struggles to accept that his father has transitioned into a woman. Asked by her son as to why she didn’t speak out earlier in life, Hallquist responds by explaining how if she were truthful at 15, she would be placed in a mental institution. If she were truthful in her 20s, then she wouldn’t be married nor have any children. She then spoke about her dream, which was to “spend every waking moment as a woman. But if I went to work in a dress,” she says, “I would be unemployed.” These sentiments speak to the barriers trans people face as they navigate their daily lives.
Hallquist addressing the audience about her film. Source: UAB Institute for Human Rights
During the film’s Q&A session, an audience member asked Hallquist what she has done since leaving Vermont Electric Cooperative. She said she became aware that action would be needed at the executive level in order to induce change and propel Vermont to employ cleaner energy practices; by realizing the severity of the crisis, she transitioned from being perceived as a centrist to that of a staunch progressive. As a result, she wrote the North American Solution to Climate Change, which detailed ways in which the climate crisis could be hindered in favor of saving the Earth. She claimed we are “fighting for the future of this country” and that we have to “collaborate across the world to solve the problem. We need to learn how to work with each other!”
An audience member questioning Hallquist about her work for Climate Justice. Source: UAB Institute for Human Rights
Does it take effort and a willingness to accept change in order to make a difference? That is a question that each one of us must answer. Looking at the future, should we all push towards climate action like Hallquist? Or should we take a step back and plan our movements to avoid being too rash? Hallquist raised an interesting point when she claimed that we as humans are not very well used to change. We decide much of the time to stick with tradition and avoid getting out of our comfort zone. Rather, we should embrace change and grow with our own experiences. We can start by teaching ourselves to challenge what we know about gender as well as to learn more about the impacts of climate change. These issues are imperative to upholding our basic human rights because all people deserve to live in a healthy, safe, and welcoming environment.
On August 19, 2019, nine-year-old Emma Hernandez died in Detroit, Michigan. She died from injuries she sustained after three dogs mauled her.
Hernandez’s death comes after her family and others issued multiple complaints and filed police reports about the dogs roaming free in the neighborhood and their owner’s inability to contain them. Neighbors tried to stop the mauling by attacking the pit bulls, but the girl suffered a fractured cervical spine and several other injuries. Writing in the Detroit News, Sarah Rahal noted that “[t]he attack was so horrific that counseling services were offered to emergency responders.”
While the death of any nine-year-old is a tragedy, Emma Hernandez’s death is especially tragic because it was so violent and so avoidable. We should not allow dangerous and potentially domestic animals to travel freely. Taking the effort to contain such animals with secure fencing and other restraints protects people’s rights to safety and security.
Not possessing such animals in the first place also prevents such tragedies. Training animals to be vicious or adopting particularly vicious animals can create disasters like Hernandez’s death. People may argue that vicious animals are security measures to prevent crime, but actually, they’re like the guns that people buy for personal security. Violent animals and guns may produce more violence than prevent it. “Access to a gun triples the risk of suicide death,” according to Giffords Law Center to Prevent Gun Violence.
What about the rights of pet owners?
(For the purposes of this article, we refer to pet owners as people who adopt animals.) Authorities have charged Pierre Cleveland, the dogs’ owner, with second-degree murder, involuntary manslaughter, and owning dangerous animals that led to Hernandez’s death. People previously filed police about roaming dogs from his house. Detroit Animal Care and Control, part of the city’s health department, visited his house in March, 2018 after receiving reports that two dogs from the house were loose. It is unclear whether the department found the animals dangerous or if they were the same dogs involved in the fatal 2019 mauling.
Clearly, improprieties involving dogs occurred in southwest Detroit in 2018 and 2019. Detroit’s home state of Michigan has clear definitions and determinations about dangerous animals, conditions that determine dangerous animal ownership, guidelines for euthanizing dangerous animals, and penalties for people who possess dangerous animals that cause harm.
Owning a dangerous pet is similar to owning a dangerous weapon. Both may inflict a great deal of harm on innocent people. Guns are inanimate objects. While dangerous animals do have brains, they do not have the reasoning abilities that people have. Dogs cannot build enclosures or make laws to corral themselves physically. It is therefore incumbent on people to control creatures and weapons. According to the American Society for the Prevention of Cruelty to Animals (ASPCA):
In order for dogs to live harmoniously with people and with other companion animals, it is critical to hold guardians responsible for the proper supervision of their dogs and for any actions on their part that either create or encourage aggressive behavior.
Responsibly owning pets is a societal obligation. We have responsibilities to others and expect that others will behave in similar ways. While we are allowed to own pets (within limits), we have to do so responsibly to live with others safely and harmoniously.
What about the rights of others?
Emma Hernandez lived next door to vicious dogs. She probably faced their barking, snarling, and aggression frequently, if not daily, during her young life. They may have been the last things she ever saw. Can you imagine living and dying with such fear?
Living with anxiety, with the constant threat of danger, may be harmful to one’s mental health. It may drive some people to drink too much or use drugs to try to escape their fear and anxiety. It could cause other symptoms of anxiety, such as insomnia, stomach problems, uneasiness, and other unpleasant side effects. We don’t know what Emma Hernandez experienced and we can’t ask her.
Safety is a fundamental right. We have entire systems to provide different kinds of safety. We have police departments and legal systems to prevent crime or prosecute it if it occurs. We have health departments that work to prevent or minimizes illnesses or injuries. These entities failed Emma Hernandez and her family.
“Everyone has the right to live, to be free, and to feel safe” is Article 3 of the Universal Declaration of Human Rights of the United Nations. Did Emma feel free and safe? Or, did human negligence lead to an egregious attack on her human rights?
How do we prevent such tragedies?
Image: Pixabay
What happened in August 2019 in Detroit was preventable. If workers from animal control visited the house to investigate the pit bulls involved in the attack, they should have taken steps to reign in the animals and actually practice the animal control that is part of the department’s name.
When authorities are called to homes with potentially violent animals, they should remove the animals until their owners make their homes safer by building or reinforcing fences, gates, or doors or taking other safety precautions. If owners cannot afford such modifications, maybe authorities could pay for the changes and garnish pet owners’ paychecks or other sources of income.
If people do not have the income to secure their animals or repay authorities for providing such safety measures, maybe they shouldn’t own animals at all. Pet ownership is a privilege, not a right.
We could compare adopting a pet to owning a car. Owning a car requires paying for fuel, maintenance, insurance, and other charges. People are required to invest money and be diligent to make sure that their cars run properly and don’t pose hazards to others. To receive driver’s licenses, they must learn how to operate them safely.
Similarly, maybe people need training about how to handle animals. After this training, they could receive licenses to adopt pets. If their pets cause harm, people could have their licenses revoked and face further penalties, such as not being able to adopt additional pets.
Maybe law enforcement agencies and other bodies should institute a two-strike rule as well. If authorities return animals to a home and the animals provoke additional formal complaints, the authorities should remove the animals from the owners. If this provision was in place, authorities could have removed the dogs who caused the 2019 fatal mauling.
Every day, we do things to try to protect our safety and the safety of others. We drive our cars at speed limits, we cannot cross the street at any time at any place, we can only smoke tobacco in designated areas. We are allowed to do things that are potentially dangerous, but within limits.
Owning a pet comes with similar parameters. We can own animals, but not dangerous ones. If we do something that jeopardizes our safety or the safety of others, we should face repercussions. While there are ongoing repercussions to the 2019 mauling, they are unfortunately too late to help Emma Hernandez. Maybe these measures and other proposals will help people in the future before similar tragedies strike.
About the author: Pamela Zuber is a writer and an editor who writes about human rights, health and wellness, gender, and business.
The wailing wall and al-Aqsa mosque in Jerusalem. Source: Tina Kempin Reuter
On 15 August 2019, Israeli Prime Minister Benjamin Netanyahu ordered a travel ban on two US Congresswomen, Michigan Representative Rashida Tlaib and Minnesota Representative Ilhan Omar.His decision was a surprising reversal from a mere month ago, when both PM Netanyahu and Israeli’s Ambassador to the US, Ron Dermer, confirmed that Reps. Tlaib and Omar would be allowed into Israel “out of respect for the US Congress and the great alliance between Israel and America.”While the final catalyst for this reversal is credited to the machinations of US President Donald Trump, the primary cause for the travel ban, according to PM Netanyahu, is Reps. Tlaib’s and Omar’s support for the transnational Boycott, Divestment, and Sanctions (BDS) Movement, a concerted effort to compel the State of Israel to revolutionize how it works with Palestinians within and around Israel’s borders.This post aims to unpack the historical and cultural context of the BDS Movement, analyze the fault lines within the BDS Movement, and suggest ways for BDS to mend these divides while sharpening its effectiveness in advocating for the human rights of Palestinians.
Originating the Boycott, Divestment, & Sanctions (BDS) Movement
From 31 August to 7 September 2001, the United Nations held the World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (WCAR, also called the Durban Conference, as it was held in Durban, South Africa), billed as “providing an opportunity for the world to engage, for the first time in the post-apartheid era, in a broad agenda to combat racism and related issues.”Within this anti-racist, anti-apartheid ethos, world leaders sought to locate and eradicate large-scale structures bolstering racist ideology and marginalizing populations based off racial and ethnic identity.Almost all states at the WCAR were in total agreement that Zionism, the political movement to establish and protect a wholly-Jewish nation, was indeed racist.Many actors arguing against the ideology of Zionism claimed that, although the Jewish people have the right to create their own state, ethnic cleansing of the indigenous people (Palestinians) rendered the current form of Zionism a racist ideology.It was at the Durban Conference that BDS finds its intellectual roots, as many Middle East / North African states (specifically, Algeria, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Saudi Arabia, Sudan, Syria, Tunisia, the United Arab Republic, and Yemen) agreed to utterly isolate Israel (economically, intellectually, culturally, politically) until Israel revolutionized its relationship with indigenous Palestinians.Of course, calls for isolationism, itself a remnant of how the world treated South African during its apartheid practices, were eclipsed by the 9/11 attacks against the US a mere four days after the Durban Conference ended. It was also at the Durban Conference that the “Red-Green” alliance was formed between radical leftist and Islamist groups, collectively impugning Israel’s treatment of indigenous Palestinians.
The intellectual seeds of BDS were planted, and two years later, the world would see the harvest.On 8 December 2003, the UN General Assembly (UNGA) requested the International Court of Justice (ICJ) for an advisory opinion regarding the Israeli-built wall surrounding East Jerusalem, seeking to ascertain if the wall constituted a breach of international law (specifically the Fourth Geneva Convention of 1949).The ICJ (relying on oral and written testimony from over 50 UN Member States, the League of Arab States, the Organization of the Islamic Conference, and the European Union – amongst others) declared the wall bisecting Jerusalem and the continuation of Israeli settlements (displacing indigenous Palestinians) indeed violated international humanitarian law.The ICJ concluded their opinion, stating Israel should (a) cease construction on the wall and dismantle structures within the Occupied Palestinian Territory, (b) respect the right of the Palestinian people’s right to Self Determination (read this article for more information), and (c) pay reparations for costs incurred to the Palestinian people; furthermore, the ICJ contended that all State Parties to the Fourth Geneva Convention should ensure Israel complies with this advisory opinion.While the advisory opinion alone was relatively toothless on the international stage (as, again, the US and Israel refused to comply with these stipulations), the ICJ’s decision kickstarted the eventual BDS movement two years later.
On 9 July 2005, over 150 Palestinian Civil Society Organizations (representing Palestinian refugees, Palestinians under occupation, and Arab citizens of Israel) signed an open letter to global civil society actors declaring their intent to boycott Israeli products, divesting business activities from working with Israel, and sanctioning groups continuing to aid the Israeli State.The letter argues, in light of Israel’s refusal to adhere to the ICJ’s recommendation, settlements extending into East Jerusalem, the Gaza Strip, the Golan Heights, and the West Bank (see this article for a map of Palestine land loss since 1946) triggered the need for a transnational, nonviolent movement aimed at compelling the State of Israel to abide by the ICJ’s recommendation.The letter, echoing the anti-apartheid boycott movement of the 1960s – 1990s, contends that all persons of conscience (including Israeli citizens and members of the Jewish faith worldwide) have a moral obligation to pressure those in power (e.g., business leaders, political decision-makers, and other persons of high influence) to forcefully condemn Israel’s maltreatment of Palestinian populations.The three fundamental demands of the BDS movement of the State of Israel are as follows:
Ending its occupation and colonization of all Arab lands and dismantling the Wall;
Recognizing the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and
Respecting, protecting, and promoting the rights of Palestinian refugees to return to their homes and properties as stipulated in UN Resolution 194.
Per the BDS official website, the Movement boasts several consequences of its ongoing efforts, including:
A 46% drop in foreign direct investment in Israel in 2014
Israeli weapon manfacturers complaining of an export crisis due to “less desire for Israeli=made products”.
Refusals from major artists (such as Roger Waters from Pink Floyd, Faithless, Lauryn Hill, Brian, Eno, and Elvis Costello).
A formal recognition from the State of Israel that the BDS Movement presents a strategic threat to Israel’s treatment of Palestinians.
Since its publication, the BDS movement has largely gained the most traction on college campuses (long understood to be a bastion of political activism).Simultaneously, the BDS Movement has been associated with radical anti-Zionism, bordering on anti-Semitism.This association has been the fodder of many political and civil society leaders and has crippled the efficacy of Palestinian Rights activists.
Critiques of the BDS Movement fall into three broad categories: (1) issues surrounding its founder and leader, Omar Barghouti; (2) BDS’s opposition to the internationally-accepted Two-State Solution; and (3) accusations of antisemitic rhetoric and subsequent promotion of violence.
The recent developments in Gaza are especially disturbing because they express so vividly a deliberate intention on the part of Israel and its allies to subject an entire human community to life-endangering conditions of utmost cruelty… If ever the ethos of “a responsibility to protect”, recently adopted by the UN Security Council as the basis of “humanitarian intervention” is applicable, it would be to act now to start protecting the people of Gaza from further pain and suffering.(p. 36)
Falk levels a thoughtful critique of both Israel’s and the international community’s abdication of protecting the human rights of Palestinian individuals.These critiques, shared by many in the global community, fall on deaf ears, for Barghouti has, in many respects, poisoned the well from which BDS-activists guzzle.Barghouti has been viably accused of tax evasion (to the tune of 700 000 USD), vociferously argued against a potential two-state solution, lambasted Palestinian academic and cultural leaders from debating with their Israeli counterparts, and has been accused of espousing views suggesting the ‘human rights of Palestinians are more equal than the human rights of Israelis’.
Beyond the problematization of BDS’s Founder, other cultural and political forces call into question the endgame of the BDS Movement.Former US Ambassador to Israel (2011 – 2017), Daniel B. Shapiro, recently argued in The Atlantic the BDS Movement “advocates the end of Israel, rather than the establishment of two states, and assigns as responsibility for the conflict, in all its historical complexity, to Israel alone”.Other critics, such as the Anti-Defamation League (an international Jewish NGO) has formally classified the BDS Movement as antisemitic.Australian politicians have noted pro-BDS protests feature acts of violence; British academics voted against Israeli boycotts, noting these boycotts constrict peaceful dialogue between Israeli intellectual leaders and the rest of the world; and American politicians note that BDS can empower antisemitism and undermine the lives and livelihoods of young Israeli scientists. Furthermore, symbolic of many global academics’ ambivalence towards the BDS Movement, philosopher Judith Butler suggests a third path: collaborating with intellectual and cultural Israelis without accepting funding from the Israeli State. This move, Butler suggests, sidesteps the thorny issue of discrimination on the basis of nationality (e.g., refusing to work with Israeli academics simply wholly due to their Israeli citizenship) while still eschewing affiliation with the Israeli government.
Considering the complexity of the BDS Movement, with its goal of unshackling indigenous Palestinians and its questionable methods and leadership, I now pose the question: what lessons can transformational solidarity movements teach BDS, allowing it to deftly address its many criticisms and simultaneously bolster its efficacy to advocate for the human rights of Palestinians?
“Queers for Palestine” by Magdalena, Creative Commons
Embracing Complexity within Transformational Solidarity Movements
Dr. Anne Garland Mahler, in her text From the Tricontinental to the Global South: Race, Radicalism, and Transnational Solidarity, alludes to an ideal form of solidarity movements; this form is defined by qualities such as transnationalism (e.g., a widening of solidarity membership to include sympathizers of many, seemingly incongruous nationalisms – such as Palestinian and Israeli), transracial (e.g., not only including diversity ethnicities, such as Jewish and Arab, but an antiracist alignment of said ethnicities), anti-neoliberal (e.g., rejecting the ‘built-in’ nature of inequalities along dimensions related to socioeconomic status, level of education, political access, and health), and horizontalist (e.g., eschewing rigid hierarchies of authority within an organization).While her original analysis centers around the Tricontinental Solidarity Movement, a Cuban-borne political movement attempting to interlock methods and goals of liberation found within Asian, African, and Latin American peoples, leaders of the BDS Movement would do well to heed her call.
The BDS Movement, at base, aims to transform the lives of Palestinians – the endgame is to reduce violence, promote negative and positive peace, and provide the conditions within life that allow an individual and a people the resources and structures required to build harmony, enjoy prosperity, promote health, and protect equity.Transformational movements fixate not only on the immediate tragedies of war and conflict, but they additionally fixate on the long-term situations giving rise to sustainable peace.Mahler correctly locates a critical juncture within this equation – transformational movements must ally themselves with other, perhaps seemingly disparate, movements also aspiring for liberation.This relational space of ally-ship is precisely where the BDS Movement should aim to stride.These allies (and partners in transformational struggles) may include prominent Arab-Jewish transracial and Israeli-Palestinian transnational organizations.These potential allies also include Neve Shalom / Wahat al-Salam (facilitating intentional encounters between Israeli and Palestinian groups), the Children of Abraham (emphasizing the spiritual and religious dimensions required of Israeli-Palestinian peace processes), the Alliance of Middle East Peace (a political lobbying coalition proposing legislation promoting peace in the MENA region), and Peace Oil (an for-profit company promoting economic interdependency between Arabs and Israelis).Alliances between BDS and these organizations may increase accountability for ‘bad actors’ within the BDS Movement, demonstrate cooperation between Arab and Israelis (rather than domination or antagonism), and sidestep the maligned efforts of ‘spoilers’ within peacebuilding processes.
From a peace and human rights perspective, the BDS Movement should aspire to be one of solidarity – meaning its membership, supporters, and leaders coalesce their methods of transformation within three domains: (1) electoral democracy, (2) opposition, and (3) dialogue.Specifically, global sympathizers of the BDS Movement should consider continuously voting for candidates and measures ultimately empowering peacebuilding between Israel and Palestine, utilizing nonviolent methods of protesting anti-peace individuals and organizations (boycotts, divestments, and sanctions are obvious examples here – what is missing is a clear focus on the definitive spoilers of peace) and finally, engaging in good-faith, long-term dialogue within their own ranks and between the BDS Movement and other allies and potential adversaries.
However, things are slowly but surely improving. The First Step Actthat was enacted in December of 2018 requires the Federal Bureau of Prisons to provide pads and tampons at no cost to the prisoners. While this is a good step forward, it only applies to federal facilities and does not help in state or local ones. Further change continues to be imperative.
Examples of the Problem
Betty Ann Whaley, who was released from the Rose M. Singer Center onRikers Island in June of 2016, told the New York Times that pads were available “seven out of ten times,” and tampons were even less accessible. It is important to remember that even a nine out of ten times availability would be a serious problem, given the impact it can have on one’s health when menstruating without the means to deal with it.
Even when pads are available, they are often very thin, requiring them to be changed frequently. This leads menstruation to still be difficult to manage, as women in prison often only have access to a small number of pads each month. Chandra Bozelko, who spent some time at York Correctional Institute in Niantic, Connecticut, wrote about her experience with menstrual hygiene management for the Guardian in 2015. Each two-person cell was given five pads each week, giving each woman about ten pads per month. If a woman’s period lasts for five days, she would only have two pads for each of those days. This would not be enough, even if the pads were of high quality.
Topeka K. Samdeveloped blood clots while she was in prison, meaning she needed sanitary pads that were more absorbent than those available in the commissary. In order to get the menstrual hygiene materials that she needed, she was forced to prove that they were a necessity. She put one of her used pads into a bag and a male staff member determined that she truly needed different pads. Five months had passed by the time she had access to resource she needed.
In some cases, there are even monetary barriers that prevent women from being able to properly manage their menstrual hygiene. Prior to the establishment of the First Step Act, federal prison commissaries charged $5.55 for two tampons and $1.35 for two panty-liners. This is a far greater amount of money than either of these products are worth. For example, you can buy an 18-count box of tampons for $9.19 at Walmart.
Menstrual Hygiene Management in Prisons Is an International Concern
Menstrual hygiene materials are also often difficult to access outside of the United States. In the Bom Pastor women’s prison in Recife, Brazil, Human Rights Watch (HRW) found a few different factors that make proper menstrual hygiene and healthcare difficult. As of March of 2017, tampons had not been distributed to the women since 2015. Water was only available three times each day, which is a barrier to strong menstrual health. There is a risk of infection if there is a lack in adequate soap and water for keeping clean. The prison system of Brazil also only employed 37 gynecologists in 2017, which means there is less than one for every 900 women in the system. HRW also found that 630 women had been placed in a cell that was only built to hold 270. This absence in any privacy and presence of practically no space makes even the act of replacing sanitary products difficult.
According to one study, prisons in Zambia leave inmates responsible for many of their basic- necessities such as menstrual hygiene products and soap. One woman living in a Zambian prison stated, “If others don’t bring them for us, we have nothing. There are lots of people with no relatives here. They have nothing.” The water that is available is often unclean, so they have inadequate ability to keep clean as well. These prisons also have the same overcrowding problem as the Bom Pastor prison, being more than 300% over capacity.
Untitled. Source: Neil Conway, Creative Commons
Impacting Health
Ignoring menstruation is not an option. Not only would that be extremely uncomfortable, but it is also a health and safety issue. Lacking access to necessary menstrual hygiene management materials can have an impact on both the mental and physical health of women living in prisons. In terms of physical health, women who are trying to deal with menstruation while incarcerated might develop health problems such as bacterial infections from trying to use other materials in place of regular menstrual hygiene products.
In terms of mental health, being denied the things one needs to deal with menstruation is a dehumanizing experience. At this point in time, talking about menstrual hygiene feels awkward and uncomfortable for many people. This fact does not change among incarcerated populations. When you add experiences like that of Topeka K. Sam, having to prove that she needed the resources she was asking for, the situation becomes even more difficult.
Why Does It Matter?
Truly accessible menstrual hygiene management resources are undoubtedly a human rights issue. According to Article 25 of the United Nations’ Universal Declaration of Human Rights(UDHR), all people have the right to a standard of living that sufficiently supports their well-being and health. The harm that can be done to one’s physical and mental health when they lack the menstrual hygiene products they need gets in the way of this right.
Potential Solutions
How do we improve menstrual hygiene management in prisons?
The people who are most aware and likely care the most about this issue are people who have been disenfranchised, as only two states allow people convicted of felonies to keep their voting rights, and only 15 states automatically restore their voting rights after they have served their sentence. Additionally, many people would not have the resources they would need to advocate for change, no matter how strong their drive or greatness of their ideas. It would be helpful in trying to solve the problem if we could figure out a way to empower people who have direct experiences with it.
Prisons could potentially switch from providing disposable menstrual hygiene products to reusable ones, like ThinxorLunapads. While the initial change would be relativelyexpensive, it would save them more money in the long run, as they would not have to constantly buy more sanitary pads and tampons. This option could significantly improve menstrual hygiene management in prisons, and, as a bonus, it would also be much better for the environment.
Improving this issue is an important step in ensuring that people who have been incarcerated are still treated with dignity and respect as human beings. People are people, no matter what they have done in the past. There is no reason to treat anyone as less than human or prevent them from having access to their fundamental human rights.
If you have an interest in learning more about the need for improved access to hygiene management, check out this post on MHM!
Girl Meditation. Source: Best Picko, Creative Commons
If you have ever struggled to fall asleep or dealt with significant anxiety or stress, you may have tried to calm down and relax yourself by listening to a guided meditation or yoga practice. Data from the 2017 National Health Interview Survey (NHIS) found that 14.2 percent of American adult and 54. Child participants had practiced meditation in the previous 12 months. The survey also found that 14.3 percent of adults and 8.4% of children had practiced yoga in the past year. Some schools have now seen the positive impact that meditation and yoga can have on children’s behavior and mental health and have decided to integrate these practices into their procedural structures. Instead of sending children to detention or the principal’s office for traditional disciplinary methods, these schools have rooms designated for mindfulness and meditation. This results in a complete shift in how both educators and students cope with behavioral issues and emotional struggles in the classroom.
While there is still much research to be done on meditation and its impact on people, studies thus far suggest that it can help reduce blood pressure, aid in coping with anxiety and depression, improve sleep, reduce pain, improve ability to focus, and much more. There is also research that suggests practicing meditation could lead to physical changes in the brain which support numerous aspects of mental and physical health. For example, one study that was performed in 2012 compared brain images of 50 adults that did not regularly meditate and 50 adults who had been doing so for years. The results suggest that the brains of those who had been practicing meditation had undergone gyrification, which means the outer layer of their brains had more folds, potentially increasing their ability to process information. Another study from 2013 suggests that regularly practicing meditation may slow, stall, or reverse certain changes in the brain that typically result from aging.
It should be noted that every individual’s relationship with and response to meditation can differ. One person may work well with a certain meditation strategy, while another person might find that strategy extremely difficult or uncomfortable. Some people who suffer from mental health issues, such as anxiety, may find that certain forms of meditation make them more anxious. Some people may have physical limitations that prevent from sitting on the floor, which is a common posture for many meditative practices. It is a very personal experience and should not be treated as one-size-fits-all.
In 2013, Robert W. Coleman Elementary School of West Baltimore created the “Mindful Moment Room,” a space used for meditation and yoga. This is where students are sent when they are being disruptive in class or aggressive with their classmates. The space is warm and inviting, smelling of essential oils and decorated with pillows and yoga mats. Here, students who are feeling angry or frustrated can have an opportunity to breathe and do activities like yoga and meditation to calm down. The Holistic Life Foundation is the non–profit that helped the school to establish and run the Mindful Moment Room. The staff helps students talk about why they had to leave class and guides them through mindfulness exercises. Mindfulness in not limited to being encouraged when students are misbehaving. Students listen to a 15-minute guided meditation over the intercom at the beginning and end of every school day and can practice yoga both during and after school.
Not only is this beneficial in helping kids work through problems at school, but it also helps them build skills that can help them to cope with strong negative emotions in the future. The students themselves have been able to recognize the benefits they have experienced from practicing mindfulness. Dacari Crawford, a third-grader at Robert W. Coleman, said, “When I get mad at something or somebody, I just take some deep breaths, keep doing my work and tune everyone out. It gives you good confidence when you need to do something important.” Inspired by the impact mindfulness practices have made on the elementary school, Patterson High School has started its own Mindful Moments Room.
A Mother’s Testimony
Dana Santas, a yoga trainer to many professional sports teams, was invited write an article for CNN discussing her experience of guiding her three children (the youngest of which being on the autism spectrum) through yoga. In her experience she has found three main reasons why mindfulness-practices like yoga and meditation should be taught in school:
The first is “teaching breathing as fundamental to well-being.” She points out that the impact that breathing has on us is not as simple as the fact the we cannot live without breathing. Our breathing patterns, our postures while breathing, and the way we breathe in general impacts both our mental and physical health in ways that are hard to notice if we do not know to look for them. This be related to things like the basic mechanisms of breathing or using breathing to calm down when one is overwhelmed. Santas developed a breathing exercise called “peace palm exhaling” to help her son with Asperger’s syndrome when he becomes overwhelmed.
The second reason is that yoga can help children “move with control and confidence” because it can help them gain self-control and respect for their own bodies and improve their balance and movement abilities.
The final reason she discusses is that yoga can promote the power of mindfulness, helping children to learn skills that they can use to cope with anxiety and stress.
How Does Mindfulness Impact Human Rights?
One significant impact that the use of meditation and mindfulness in schools has on human rights is that it helps to improves students’ ability to access and fully utilize their right to an education. The right to an education is recognized in Article 28 of the Convention on the Rights of the Child (CRC) and Article 26 of the Universal Declaration of Human Rights (UDHR). Article 26 of the UDHR also recognizes the right of every person to an education that works towards the full development of their personality, and that right is also supported by meditative practices. With fewer class disruptions, an improved ability to focus, and a calmer school-environment, students can spend more quality time learning and gaining knowledge that they can use in the future. Practicing mindfulness also helps to create an environment that supports one’s health and well-being, which is recognized as a right in Article 25 of the UDHR and Article 24 of the CRC. The impact that meditation and mindfulness can have on education and personal development can help a person better prepare for future experiences, helping them have better access not only to these rights, but also to their other rights as well.
In different cultures, the name of the noodles can be used to commemorate a historical event. For example, there are several pastas that commemorate Italy’s wars in Africa such as the tripoline pasta, which references the Tripoli province of Libya under Italian rule and the bengasini past, inspired after the Benghazi. There are also references made for the House of Savoy, a royal family in Italy, through a noodle named mafaldine after the Princess Mafalda. Furthermore, noodles have been named after emerging machinery like the ruote(wheels) or eliche (propellers). Noodles could also be used to determine the wealth of the person due to the ingredients that were used. In China, certain types of noodles are eaten at certain occasions such as birthdays, marriages, or moving to a new house. In addition to playing a role in beliefs and customs, noodles also have health benefits and have been included in a variety of diets. Some even say that noodles can reduce the number of those in poverty.
Poverty in China
Poverty exists everywhere, in new and old places. Specifically, in China, there are 252 million people who live on their earning of less than $2/day. In fact, 40% of people in China live on less than $5.50/day. Many of these individuals live in rural areas and make their living from farming, forestry, or fishing. There are numerous reasons that explain the causes poverty in China with rural-urban migration being one of the most prominent. China has a majority urban population, meaning there is an influx of people moving into more urban areas in search of better jobs. However, individuals who cannot afford to leave often times stay in rural areas, struggling to survive.
As mentioned earlier, noodles are a staple food, especially in China. In northwestern China, there is a province by the name of Gansu that has proposed an idea to eliminate poverty by using their specialty dish of hand-pulled noodles in beef broth – a noodle initiative. This dish costs as low as $1.50. Their goal is to train 15,000 individuals from poor areas how to make these noodles from scratch. so they can pursue gainful employment making noodles or even open their own shops. In order to acquire people’s interest, the government is offering financial incentives to both companies and people to meet their goal of opening 1,500 new noodle shops this year. However, noodle initiatives are not a new concept. In 2018, there was a noodle skills training program in Lanzhou and Beijing where more than 12,000 people participated and 90% of them found jobs related to noodles.
In Lanzhou, the capital of Gansu province, there are approximately 50,000 beef noodle shops and 40,000 noodle-makers; out of those shops, 4,000 of them are in the impoverished areas. The annual noodle shop sales in Gansu makes an estimate of $1.8 billion. In Lanzhou, there is a school named the Vocational and Technical College of Resources and Environment whose goal is to train professionals in making a proper Lanzhou beef noodle. The tradition of the Lanzhou beef noodle is almost 200 years old and does not take a long time to prepare. However, in order to pull the noodles, it takes years of practice, generally a year to learn how to pull noodles but three years to be called a “noodle master”. Furthermore, the school hopes to spread these skills overseas but has been difficult due to visa requirements. Noodle chefs need to fulfill certain educational requirements in order to go overseas. Thus, some schools that have three years of training also award their students with associate college degrees and national vocation qualification certificates. Additionally, in certain countries like Australia or the United Kingdom, there are branches of the Lanzhou beef noodle where students are offered job positions there with a salary of 8,000 to 12,000 yuan and free accommodation.
Everyone has a right not just to work, but to work in a positive environment. In accordance with the Universal Declaration of Human Rights (UDHR), the work conditions should be “just and favorable”. The noodle initiative aims to offer individuals an increase in skill, employment, and a better future. The implication of poverty, employment, and human rights are intertwined. Poverty affects aspects of one’s life such as housing, food, and healthcare. At the core, poverty is when someone does not have access to their basic rights. Thus, it hinders people’s quality of living and their freedom while also increasing the possibility of discrimination and health disparities.
Movies such as Blade Runner, IRobot, or the Matrix portray a futuristic ambiance in regard to artificial intelligence overpowering humanity. At first glance, these movies can seem unrealistic and a bit absurd. However, in recent years, it appears to be less ridiculous as it hints at a bit of truth. There is no doubt that technology has advanced at a rapid speed in the last ten years. As each year passes, it seems there is a new device or software that can somehow make your life easier. Technology is used in every aspect of our life – from our homes to our work to the stores we visit. Often times, it can seem inescapable. If you turn your attention to your surroundings, you are likely to see people on their phones or computers – whether they are searching the Internet, looking through Instagram, or sending a text.
It is alarming to consider how technology affects every aspect of our lives. It even influences human rights such as the right to privacy or freedom of expression. There are numerous concerns that people have about the role and impact of artificial intelligence. People are concerned about the rise of “machine autonomy” and how gradually it can diminish “the status of humans”. Furthermore, there are concerns on the use of artificial intelligence in terms of “unjust and unequal political, military, economic and social contexts.”
Google is not the only company that has dealt with controversy in terms of technology and how it affects people’s human rights. A data firm by the name of Cambridge Analytica was caught using data from Facebook in order to build voter profiles. Employees acquired private Facebook data of millions of users, then they sold the information to political campaigns.
Freedom of Expression. Source: Flickr, Creative Commons
Human Rights China. Source: Wikimedia, Creative Commons
As the debate for technology and AI continues, the Human Rights Watch aims to ban developing and using these killer robots. However this technology is nothing new – the focus is on how, when, and why individuals should or should not use them. Furthermore, the question of human intervention arises. While using DNA collection in certain circumstances, such as finding criminals, can be beneficial, there poses a question of how people use the date and if it infringes on our human rights. The numerous databases worldwide have no common structure among themselves. Thus, there are concerns on how countries obtain the data and whom they share the information with. The DNA database can trace anyone through “biological tagging”, even those who innocent or have no relation in regards to the crime in question. Other possible challenges could include how the information is kept and used. For example, when determining whether or not an individual is a good fit for a job the hiring company could access the data and that affects the individual’s rights. Furthermore, the data could be used by criminal organizations. Both killer robots and DNA collection have benefits such as solving more crimes and military advances; however, it ultimately challenges the principle of privacy.
Improving Experiences of Time in Prison and Their Outcomes
Many of the aspects of the First Step Act are geared towards decreasing recidivism (people returning to criminal behavior after being released from prison) through opportunities and resources that help prepare people for their lives after incarceration. For example, the bill creates strong incentives to encourage prisoners to participate in preparative programs that are available to them. For every 30 days of “successful participation,” individuals can receive 10 days of prerelease custody, where they are transferred to halfway houses or home confinement. Incentives can also include increased phone and visitation privileges, access to email, increased commissary spending, and other requested incentives.
The bill also designates $250 million to be used over five years by the Federal Bureau of Prisons (BOP) to expand and develop skill-building classes and vocational training opportunities. It also allows the BOP to work with outside organizations that can provide such classes. According to the First Step Act, prisoners who are at a medium or high risk of recidivism are to be prioritized for receiving these opportunities, as well as counseling and treatment. Before leaving federal prison, all are to receive their ID, allowing people to re-enter society more quickly and avoid “collateral consequences of incarceration.”
In order to make it less difficult for families to visit, the bill states that people should not be placed in prisons that are more than “500 driving miles” away from their families. This improves their ability to maintain ties with their relatives, which can improve their quality of life while incarcerated and make the process of reintegration into society easier afterwards. With the help of a strong support system and the tools needed to find work, released prisoners have a better chance of finding their place in their communities and not being reincarcerated later.
Decreasing the Population Actually in Prison
There are some aspects of the First Step Act that help to decrease the population of people in prison. Increases the number of days of good time credit, which is earned through good behavior, from 47 to 54 days per year. This change also applies to everyone in federal prisons who has already earned good time credit. It is estimated that this change will save $40 million in the first year. Additionally, the bill required the BOP to transfer prisoners that are considered low/minimum risk to prerelease custody and expanded compassion release. Eligibility for the elderly offender program of compassion release now starts at age 60 instead of 65, the minimum portion of one’s sentence that must be served has been decreased from 75% to 66.7%, and the program is now available in all prisons.
Views of the Purpose of Prison
One’s understanding of the importance of legislation like the First Step Act can be significantly impacted by their perspective on the purposes of prisons. Some people believe that prisons should be used to achieve retributive justice, where the main purpose is to punish criminals for their wrong-doings and to have them suffer for their action. For someone who believes in retributive justice, the changes made by the First Step Act may not seem so important.
Alternatively, other people believe that the incarceration system should be used to rehabilitate prisoners and prepare them to re-enter society as individuals who can make more positive contributions to their community and avoid taking actions that would lead them back to imprisonment. When you look at the First Step Act from this point of view, it is easy to see why the bill’s intended impacts are so significant. It gives people a chance to learn from their mistakes and helps them become more productive members of society.
p1000578.jpg. Source: David Johnson, Creative Commons
The intended outcomes of the First Step Act can improve the access to human rights of people who have been incarcerated. As it is said in the UN’s Basic Principles for the Treatment of Prisoners, prisoners are entitled to all the rights that are declared in the UDHR and other human rights documents and should have access to resources that can aid their ability to successfully rejoin society. Decreasing rates of recidivism, as the actions of the First Step Act hopefully will, helps to lower the number of people in prison overall. This allows for a change in the allocation of funds to take better care of people living in prisons, giving them greater access to their human rights. People living in prisons are human beings just like everyone else and should not be treated as anything less.
2 tax return forms, a 2018 tax return form and 2017 tax return form, black glasses and a calculator. Source: DPP Business And Tax https://www.dpp-businesstax.com/, Creative Commons
For most adults in the United States, the year starts with the tax season. During this time, they have their tax returns prepared and filed and either pay any taxes they owe or receive a refund if they overpaid their taxes throughout the prior year. This year, the tax season began on January 28 and continues until April 15. There are a few different ways one can go about filing their tax return. One way is to purchase an IRS-approved tax preparation software, like TurboTax or TaxSlayer, and file their return on their own. One could also prepare their return manually, but the IRS prefers that people file electronically to decrease potential errors. The last method is to seek out the help of a professional through a commercial tax preparation organization or a non-profit one. Commercial organizations often take advantage of the low-income filers whose returns they prepare and who often qualify for the Earned Income Tax Credit, which results in a larger refund.
In order to increase their profit, they put a great deal of effort into publicizing their services in a way that overshadows the far less expensive, sometimes even free, methods of filing tax returns. Paul Weinstein, who co-authored a study on tax preparers with the Brookings Institution and the Progressive Policy Institute, suggests that most taxpayers could “have their taxes prepared for less than $100.” According to Weinstein, tax-filers spend an average of $275 on the preparation of their taxes during the filing season. The authors of the study found that individuals filing for the EITC spent $309 in Washington D.C. and $509 in Baltimore. This means that these individuals were spending between 13 and 21 percent of their return to cover the cost of tax-preparation.
There has also been evidence that suggests that individuals who qualify for the EITC and file through professional tax-preparers are more likely to have errors in their tax return than those who do not qualify for the EITC. According to an investigation by the Government Accountability Office in 2015, about 60% of all professionally prepared taxes had errors, while between 89% and 94% of filers who qualified for the EITC had errors in their professionally prepared taxes. This is a problem of significant concern, since people with low incomes are more likely to be audited by the IRS. For people who receive the EITC, this could result in their refund being withheld until the end of the auditing process.
Predatory tax-prep organizations may often go unnoticed, but many are recognized and forced to face the legal repercussions of their actions. For example, Laquinta Q. Fisher of Lawton, Oklahoma was found guilty of a tax fraud scheme on January 24, 2017. After lying to her clients and telling them that they could receive a refund for simply having a dependent child, she added fake income and fake dependents to their returns to increase their EIC. She “was sentenced to 18 months in prison, three years of supervised release, and ordered to pay $133,955 in restitution to the IRS…”
Earned income tax credit stock photo. Source: Simon Cunningham, Creative Commons
It is also possible that such an organization would have false credentials. Every tax preparer is legally required to have a Preparer Tax Identification Number (PTIN). The IRS has a directory of PTINs that can be used to look up a preparer with their name and location. The PTIN can tell you if the preparer is “a certified public accountant, enrolled agent or a lawyer.” It is also important to note that the directory does not prove that a preparer is qualified. It is also a red flag if an organization suggests that they are endorsed by the IRS, as the IRS does not endorse any tax preparers.
Another warning sign is if a preparer does their work in “temporary pop-up shops” that will be gone after the tax season ends. In that case, there is no office for you to go to if any problems arise with your tax return. It is a red flag if the preparer says that they will deposit you refunded into their bank account or asks you to sign a return that is incomplete.
Why IsThis A Human Rights Issue?
In addition to being ethically questionable, the actions of commercial organizations that prey on low-income households also have the potential to negatively impact people’s access to their human rights. For many people who are targeted by these organizations, every single dollar counts. Every penny of the tax refund they receive is used to pay for the necessities, like food, water, power, rent, and clothing. According to Article 25 of the United Nations’ Universal Declaration of Human Rights, “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…” Many households rely on the refund they receive to access this right. It is important that we spread awareness of this issue so we can prevent as many people as possible from being exploited by tax-prep organizations and connect them with the resources they need.
Impact America: SaveFirst
Impact America, originally Impact Alabama, is a non-profit organization that was founded to develop “substantive service-learning and leadership development projects for college students and recent college graduates.”SaveFirst is one of Impact America’s programs, which provides free tax preparation services in communities which are often targeted by predatory tax-prep organizations. College students who volunteer with SaveFirst are trained and IRS certified to prepare tax returns. In 2018 alone, SaveFirst was able to prepare tax returns for 13,713 families and saved those families $5.5 million in fees. Since 2007, they have prepared returns for 76,867 families and saved them $26.2 million. The work done by Impact America helps to decrease the number of people that are being exploited by predatory organizations by giving them access to much better resources and services.
If you are interested in scheduling an appointment with SaveFirst at one of their many tax-prep locations, you can do so here.
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