Tag: human rights

Disability History: Overlooked but Not Forgotten

*Author’s note: I am aware of discourse on person-first language (people with disabilities) versus identity-first language (disabled people). I identify as disabled (chronic illness is a form of disability) and personally prefer identity-first over person-first, but I will use both forms in this blog as to avoid repetition.

“Classroom scene with teacher Kate Hobart showing students how to use mirrors to assist speech-learning.” 1893, Horace Mann School for the Deaf. Source: Boston City Archives, Creative Commons.

The history of disability is asymmetrical. We know that history is always written by those with the power to wield the pen, and the powerful have always trodden on disabled people*. This is why history has most commonly staged people with disabilities as passive subjects — voiceless patients, preserved in history as miserable recipients of medical treatments, cures, and operations. Before the acknowledgement of dis/ability as a socially constructed identity much like gender or race, the dominant framework was the medical model. Impairments were seen from a medical standpoint as afflictions to remove, and “disability history” is full of famed doctors who found apparent solutions to bodily deviance. [Read more about the difference in the medical and social models in this post by graduate student and IHR intern Shane Burns!]

Disability scholars, in the past few decades, have begun to reclaim disabled narratives and frame them in ways that empower and enrich the social matrix of ability.

Like African American revisionists, we strive to reevaluate history with an additional, more critical lens. Before critical race scholars/theorists reasserted historic perspectives to reveal deep-seated racism (alongside the influential Civil Rights and Black Power movements), American society accepted racial discrimination as a fact of life. Ableism can be subverted in a similar way. Modern principles of universal justice and equity equip us to destroy structural injustice wherever it lurks within the depths of unchallenged social praxis. Additionally, revisionism – in disability history, Black history, LGBTQ history, etc. – grants the option to see historically oppressed groups as agents of change rather than sufferers of fate. Obviously, the lingering trauma experienced by oppressed identities cannot be ignored, and it would be detrimental to assume that the same forces of oppression no longer exist. But viewing disabled people as individuals with power, richness, and complexity is an empowering perspective.

 

Disability activist Stella Young chats with Paralympic medalist Ann Cody. Both women use wheelchairs.
“Stella Young with Ann Cody.” Source: Exchanges Photos, Creative Commons. [Watch Stella Young’s phenomenal TED talk, “I’m not your inspiration, thank you very much,” here.]
In that spirit, this blog will give a brief overview of the disability rights movement, and will highlight some overlooked historical perspectives of persons with disabilities. I will condense the obligatory section detailing the terrible harms suffered by people with disabilities over the centuries : subjugation, abuse, isolation, eugenic extermination, etc. Disabled people have suffered in a wide range of circumstances and continue to suffer today from a toxic mixture of economic, social, political, and cultural barriers. It’s exhausting and demoralizing to read about these things as a disabled person. It also encourages unneeded pity from non-disabled people. Though pity may come from good intentions, it only reinforces dehumanizing attitudes. These attitudes replicate through supposedly innocent interactions like “oh, you poor thing,” and “if I were you, I’d just want to die! I can’t believe you do it!” These sentiments are fairly common reactions from non-disabled people, and they are often said with emphatic sympathy. Yet these are the same attitudes that have stolen agency from disabled people, used their life struggles as perverted inspiration, and used as an excuse to suppress, subject, torture, and extinguish people with disabilities.

Ableism, like many other “isms,” is bound and sustained through micro-level interactions rooted in unconscious yet detrimental assumptions. If you are a non-disabled person, I urge you to reflect before you react to disabled narratives, and consider how your assumptions have been informed by bias. Be sure to actively listen with compassion, react with empathy instead of pity, and always practice validation. It’s okay to have questions, and it’s okay to feel uncomfortable. Sit with your discomfort. Explore it. Decide to challenge it, and you may find yourself with a new perspective.

A group of disabled protesters are staged outside of a healthcare clinic, protesting welfare cuts that have harmed many disabled people in the UK.
“Disabled people protest outside St Mary’s House, Norwich.” Source: Roger Blackwell, Creative Commons.

The Disability Rights Movement

“People with disabilities have been socially dispersed and have lacked both a common identity and the economic and political resources to coalesce into an active and effective movement capable of political action. A rights-oriented consciousness and an adequate organizational apparatus have both been essential to creating the disability rights movement.” – Scotch (1989, p. 4).

In other words, the disability rights movement required a) the collective understanding that disabled people as a group deserved rights and b) the resources to organize and motivate that group effectively.

This effort began to gather momentum in the 1960s, inspired by the grassroots activism of the time (another significant nod to the Civil Rights & Black Power movements). The early disability rights movement also benefited from community programs for disabled people, such as disabled student programs on college campuses. These programs were meant to provide services for people with disabilities, but they also inadvertently connected disabled people.

This was a radical change in society. Most disabled people were physically and socially isolated from one another prior to this movement — individuals with diverse impairments didn’t recognize each other under a “disabled” identity. This disconnect is caused by compounding issues. For instance, an epileptic person has a different set of struggles than a Deaf person or a wheelchair user. In other words, different impairments look and function differently, and it can be hard to conceptualize shared identity between such diverse experiences. Community spaces are often inaccessible, while home environments are isolating. In these situations (especially when surrounded by non-disabled caretakers/family) personal autonomy and dignity can be limited. Without opportunities to share narratives among peers, disabled people had no way of knowing the vast network who shared their experiences. But when this network began to develop, it became apparent that many of us feel the same pain. Together, we could investigate our experiences and find that they’re all rooted in the same institutional structures, harmful biases, and violent enforcement of so-called normalcy.

Three people in wheelchairs face each other while talking.
“Creative Accessibility Mapping Tour.” Source: Andi Weiland / SOZIALHELDEN, Creative Commons.

The first major assertion of collective disabled power came in the early 1970’s. Union of Physically Impaired Against Segregation (UPIAS) was a British group whose radical publications – including Fundamental Principles of Disability (1975) — formed the ideological foundations from which the social model of disability emerged in the early eighties. Penned by Mike Oliver, the social model pointed out that having a disability is not an impairment in itself, but that impairments are created by an inaccessible society. The impairment of poor vision would be disabling if glasses weren’t widely accessible. This shifted the entire paradigm of ability. Everyone experiences limitation and impairment, ability exists on a spectrum, and the social mechanisms that separate “abled” from “disabled” can be torn down. The suffering experienced by disabled people isn’t inherent and should not be accepted. Disabled people can celebrate their own existence, and can demand a better existence for themselves and their peers. Judy Heumann says it much better than I can:

“As long as you believe that your life is a tragedy, you can’t do very many good things with your life. Once you believe that the tragedy isn’t your fault, that it is the failure of the political system to acknowledge your rights as a human being, to be equal in society, that you can as an individual have a voice as part of a group, then you can make a difference.”

Disabled Perspectives in History

Historical records lack the perspective of most disabled people themselves, save for a notable few whose privilege awarded access to education and personal acclaim. Helen Keller was certainly not the first person to be born both Deaf and blind, but her family’s relative privilege granted Ms. Keller access to education and the social positioning to benefit from it. Helen Keller is an inspirational, barrier-breaking figure. That’s not up for debate. But it is noteworthy to mention that her privilege – having a well-connected white family with roots in Southern aristocracy – facilitated her success. Helen learned a variety of communication methods, including ASL, Braille, touch lip-reading, and speaking verbally. She attended college – a notable feat for any woman in her era – and went on to publish a dozen books, helped found several organizations (ACLU, American Foundation for the Blind, Helen Keller International), and even won an Oscar (Helen Keller International).

“Helen Keller taking a speech lesson from Annie Sullivan.” 1890-1895, Horace Mann School for the Deaf records. Source: City of Boston Archives, Collection 0420.047, Creative Commons.

Frida Kahlo is a famous Mexican artist and painter whose disabilities greatly impacted her work. The story of Kahlo’s trolley accident at age 18 is infamous, as well as the physical impact – a broken spine, broken pelvis, and a severe abdominal injury. Prior to this accident, she contracted polio at age 6, and is believed to have been born with spina bifida (Daunton). These experiences are well-known; Kahlo’s legacy has been tainted by pity and morbid fascination with her painful experiences. I believe she should be celebrated in a light that honors her experience. Not only was Kahlo a fierce, vibrant spirit with immense artistic talent, but she broke barriers for other disabled women of color.   Kahlo embraced the unique, rich perspective that she had gained through dealing with years of pain, vulnerability, and isolation – channeling it into powerful art. Frida Kahlo unapologetically existed as a disabled woman of color, presenting her body in all its beautiful, sexual, and painful complexities.

A painting by Frida Kahlo features two versions of herself side by side. One is in a white dress, the other in a blue top and green skirt. Both Fridas' hearts are visible, and connected by a vein.
“Frida Kahlo – Two Fridas (1939).” Source: Cea, Creative Commons.

Harriet Tubman is another extraordinary woman of color who was affected by disability. Tubman experienced a traumatic brain injury at age 12 at the hands of a slave owner. Tubman dealt with complications for the rest of her life including severe pain, seizures and/or narcoleptic episodes. Her disabilities may have contributed to her success, as Tubman’s narcoleptic trance-like episodes offered moments of great spiritual impact (Sabourin et al, 2016). A deeply religious woman, Harriet Tubman was guided by her faith to rescue hundreds of slaves over the course of thirteen incredibly dangerous escape missions. Tubman also is the first woman to plan and lead a military operation against the Confederacy – with stealth skills and knowledge of Southern geography, “General Tubman” conducted a successful raid on Combahee River that freed over 700 slaves (National Museum of African American History & Culture).

“Harriet Tubman (far left) with family and neighbors, circa 1887.” Source: Bettman/Corbis, Creative Commons.

Conclusion

The history of disability – as a movement, as individuals, as an identity – is rich, compelling, and intersectional. We should see it as an under-explored reserve of knowledge hidden by suppression, and a perspective to be treasured. Disability history demands to be re-examined and reclaimed in a framework of empowerment. It’s critical for incorporating disability rights into wider society. When you apply modern standards to historical events and figures, a narrative of agency and power can emerge. Simultaneously, it can reveal the despicable mechanisms that create, inform, and enforce oppression. As I said earlier — modern principles of universal justice and equity equip us to destroy structural injustice wherever it lurks within the depths of unchallenged social praxis.

Accessibility and Education

 

Parking spot reserved for people with disabilities
Wheelchair Only. Source: JoshuaDavisPhotography, Creative Commons

For most people, the importance of the right to an education is not unknown.  It’s through education that people gain the skills that they need to be active in their communities, join the workforce, and live their daily lives.  While there is certainly division in regard to people’s ideas of exactly how systems of education should work, there continues to be a shared understanding that these systems should exist in some capacity.  The importance of the right to an education for people with disabilities is not well known or, at least, not as actively recognized, but it should be.

Background of Disability Rights and Education in the U.S.

The Individuals with Disabilities Education Act (IDEA) took effect as the Education for all Handicapped Children Act of 1975.  It was meant to improve the access that children with disabilities have to “a free appropriate public education” and an environment that supports, rather than impedes, that education.  Part of IDEA is a requirement that public schools develop an Individualized Education Program (IEP) for each student with a disability who is enrolled.  IEPs are created and tailored specifically to the needs of each student, because even people who have been diagnosed with the same disability have differing experiences and face different circumstances.  These programs are reviewed every year by the student’s teacher, parent(s), the child themself and a qualified agency representative related to special education.  Other individuals can be brought in to review the program at the discretion of the parents or agency involved.

The Americans with Disabilities Act (ADA) was enacted in 1990 and prohibits “discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.”  Title II of the act requires state and local governments to make their services and resources equally available to people with disabilities.  According to Title II, there are architectural standards that suggest buildings should be accessible to all people.  Buildings constructed after the act passed are expected to meet these standards upon when they are built, while buildings that were constructed prior to the passing of the act are to be altered.  Since the services/resources of state and local governments include public educational institutions, these institutions are expected to meet these standards, which helps to make education more accessible.

Acknowledgement Is Not Enough

Despite the American legislation put in place to ensure educational equality for students with disabilities, there is still a lot of work to be done.  Laws have been created but are not always followed.

The Oregon Department of Education, for example, is being sued by Disability Rights Oregon (along with four other legal groups) due to its “lax oversight of special education programs . . . in small, rural communities.” Many schools in the state have been found to give students with learning or behavioral disabilities a shortened school day of only a few hours.  The schools have given a range of explanations for shortening student’s school days, from saying that they were responding to inappropriate behavior (some of which is related to the symptoms of the students’ disabilities) to teachers saying they had a feeling that “it was going to be a bad day.”  In many cases, the students would be able to get through a normal school day if they had the resources they need.  They simply have not been given the opportunity to try.  The lawyers involved in the lawsuit wrote, “Some children who are subjected to shortened school days due to their disability-related behaviors are eventually denied any instruction at all.”  This is a denial of their right to an education and it cannot continue.

The seclusion and unfair treatment of students with disabilities in the U.S. is not limited to Oregon.  According to the U.S. Department of Education Office for Civil Rights, more than 36,000 students were secluded during the 2015-2016 school year, and 66% of those students were students with disabilities, despite only making up 12% of all students enrolled.  Students with disabilities also make up 26% of those who received out of school suspension and 24% of those who were expelled.  Part of the problem is that the federal government does not currently have any actual regulations related to the seclusion of students with disabilities.  It merely suggests that seclusion be used if a student is a physical threat to themselves or others and that the seclusion should end when the student is no longer a threat.  Due to its impact on students’ access to their education, this issue needs to be dealt with as quickly as possible.

Library books. Source: CCAC North Library, Creative Commons

An International Problem

This problem can be found around the world.  In Nepal, for example, children with disabilities are far from having their educational needs properly met.  In 2011, Human Rights Watch (HRW) estimated that more than 207,000 of the country’s children have disabilities.  In 2016, 30.6% of children with disabilities were not attending school.  In some cases, the students with disabilities who are enrolled in school are kept in classes that are completely inappropriate for their age group.  According to HRW report on the situation, one sixteen-year-old named Amman was placed in Class 2, where his classmates were between the ages of seven and ten years-old.  His disabilities are physical, limiting his movement and speech but not his mental development.  The school has steps at its entrance with no ramp available, forcing Amman to crawl to his classroom.  He was not able to use the restroom during the six hours school was in session, so another student would have to go to his house and get his mother to come to the school and help.  Not only is this an immense barrier to Amman’s access to his education, but it also an utterly dehumanizing way to treat someone.

The country is not ignorant of the fact that people with disabilities have a right to an education.  In 2010, the country even ratified the United Nations’ (UN) Convention on the Rights of Persons with Disabilities, which aims to promote and improve the access to the rights of people with disabilities around the world.

Recent Developments

Though many problems still exist in the field of education for people with disabilities, progress is being made.  On January 17, 2019, the U.S. Department of Education announced plans to “work with schools to reduce incidents of improper restraint and seclusion of students with disabilities”.  They will use “compliance reviews” of school systems under suspicion of improper restraint and seclusion of students and “offer guidance on obligations under federal civil rights law.”  According to Elizabeth Hill, spokesperson for the Education Department, they plan to do more than 70 interviews each year.

Disability Rights Are Human Rights

In public conversations about human rights, people with disabilities are often left out or overlooked.  It is important that we intentionally work towards being more inclusive.

Article 24 of the UN Convention on the Rights of Persons with Disabilities (which the United States has still not ratified) focuses on the right to education.  According to the document, countries associated with the UN are expected to “ensure an inclusive education system at all levels and lifelong learning”.  This involves making sure that people with disabilities are not kept separate from the rest of the education system and receive the support they need.

In addition to acknowledging the right to education for people with disabilities, Article 24 includes an explanation of why education is incredibly vital, both in general and specifically in the lives of people with disabilities.  Education facilitates the development of one’s view of others and themselves, their personality, their creative talents, their mental and physical abilities, and their ability “to participate effectively in a free society.”  These developments shape the role that each individual plays in the world, making education an absolutely priceless and fundamental human right.

Resources at UAB

Students at the University of Alabama at Birmingham can contact the campus’s Disability Support Services (DSS) to request accommodations through their website or at 205-934-4205.  This process involves completing an online application, submitting documentation of their disability, and having an Accommodation Planning meeting.  Accommodations that are often used include reduced distraction testing, extended time on exams, note-taking services, assistive technology, and captionists/interpreters.

Keep up with the latest announcements related to the upcoming Symposium on Disability Rights by following the IHR on Facebook, Twitter, and Instagram.

 

ADA: Civil Rights Legislation for All

* This is a repost from summer 2017

by ABBY ROSS

July 26 1990 ADA Signing Ceremony
July 26 1990, Signing of the Americans with Disabilities Act. Source: United Spinal Association

Today marks the 27th anniversary of the signing of the Americans with Disability Act (ADA). This was a truly groundbreaking piece of civil rights legislation that finally took permanent steps towards ensuring equality for all Americans. The ADA requires private and public entities to not discriminate against people with disabilities, and was crafted with the goal of integration in all aspects of society – employment, social settings, government, transportation, and beyond.

James Weisman, President & CEO of United Spinal Association – a nonprofit dedicated to enhancing the lives of people with spinal cord injury/disorder – has been a disability rights attorney for nearly forty years and had significant involvement in drafting portions of the Americans with Disabilities Act. He sued New York City as a young lawyer over inaccessible buses and subway stations. The implementation of mandatory bus lifts and key subway stations with elevators for wheelchair access were direct results of his lawsuit. This became the basis of the transportation sections of the ADA, and created a precedent across the country giving individuals with physical disabilities access to transportation and thus increasing independence.

Unbeknownst to Weisman, it was just the beginning of his advocacy work specifically related to transportation accessibility for wheelchair users. In the 1990s, United Spinal Association again brought litigation against the City of New York this time related to curb ramps – the corner of sidewalks that are altered to allow wheelchair users and parents with strollers to access the sidewalk from the street. The City was ordered to install ramps on all sidewalks and some twenty years later is still working to fully complete the project. He works on wheelchair accessibility in the taxi and transportation realms with companies like Uber and Lyft. With technology transforming transportation services, he remains committed to ensuring that accessibility is a priority from design to implementation across the transportation industry. Transportation is only a slice of the work that he has been involved in throughout the last forty years as disability rights truly extend to every aspect of an individual’s life. I wanted to hear his thoughts on this important anniversary, forty years of activism as well as reflections on today’s disability rights movement.

Senator Tom Harkin, ADA Sponsor & James Weisman at the NYC ADA25 Disability Pride Parade. Source: United Spinal Association

AR: What is the connection between disability rights and human rights?

JW: Disability rights has always been the bastard child of the rights movement. There is no real “ism” attached. Ableism is the closest thing but that is not definitive. Disability is in every group. There is no country, population or demographic that doesn’t include people with disabilities yet they still can face the hallmark issues of human rights discrimination. Poverty, isolation, inadequate healthcare, underemployment and exclusion are all barriers to independence and equality. People with disabilities face these issues day in and day out.

AR: Where do you see disability rights discussions and action moving in the future?

JW: For a few years, we were making significant progress across the board but with the new administration, we are back to basic rights. Now, the choice to live in the disability community is gravely threatened. Funding for support services that would allow people with disabilities to live independently, work, go to school, shop, go to the movies – live a “normal” life – is being slashed and the impact is tremendous. The proposed changes to healthcare would also have a dramatic effect on quality of life, self-sufficiency and frankly, life expectancy for severely disabled individuals. Simply staying alive is becoming a goal of advocacy again.

Apart from these issues of the day, which will likely always be present in some form, mental health stigma is the next biggest issue and will take the most work to overcome. The complexity of diagnoses and treatments paired with the lack of education and familiarity has created enormous barriers and misunderstanding.

And of course, transportation is always an issue. Innovation must include accessibility. Every new modality should be accessible from inception. – in 2017 it is ridiculous to even consider developing technology that wouldn’t include everyone and consider an aging population in design.

AR: Where have you seen the most progress in disability rights in the last 27 years?

JW: Without a doubt, it is the built environment. Physical accessibility is the easiest to measure, quantify, regulate and learn how to fix. There have been amazing advancements in what is considered normal in terms of building design and features. Automatic entries, lever style door handles, accessible restroom stalls – all things many people don’t even notice but are essential for wheelchair users and others with mobility impairments.

James Weisman and Ian Ruder at United Spinal’s Roll on Capitol Hill Advocacy Event, 2012. Source: United Spinal Association

AR: In your opinion, what is missing from the movement?

JW: Collective identity with the rest of the country. People with disabilities are a tremendous minority group but generally not understood or engaged in the same respect that the able-bodied public is in terms of employment, education, media, advertisers, athletics, etc. Society seems to perpetually need to be re-educated about disability. The image of people with disabilities used to range from heroic to pathetic – that has changed and I believe now ranges from needy to competent but continues to be somewhat one dimensional. For instance, the wheelchair user who is the leading man’s best friend but not the leading man. One in five Americans have a disability. – We all have a friend, uncle, neighbor or colleague with a disability that we consider “our disabled guy” – we know they operate in the world, go to work, school, church, buy groceries and socialize but somehow our personal experiences are not extrapolated out to our experiences with the greater disability community.

To some degree we are missing the next generation of disability rights leaders. Many of my colleagues have been involved in these battles for thirty years or longer when the fights were about the basics – access to buildings, transportation, education. Fortunately, we have progressed since then to more sophisticated issues but there are still barriers on many fronts. The next generation of leaders will need to understand the history of the movement, the landscape of the challenges and the best possible outcomes for the disability community. We have so many bright individuals, disabled and able-bodied, that are doing wonderful work around the country – I am sure that the disability rights movement will be in good hands.

AR: What lessons have you learned in your decades of disability activism?

JW: Good ideas eventually come to fruition. It just takes time. You must keep them on the table, keep talking, keep pushing. Nothing changes if you don’t push. That often means you lose and it is one step forward three steps back but I’ve seen dramatic change in a relatively short time so I know it can happen.

Bias goes away if you expose it. Again, not necessary quickly and not completely, but every little bit helps.

I’ve found that it is extremely rewarding to be a part of this community and social fabric. I have developed extremely meaningful relationships through my work in disability rights. It is a very effect way to mature as a person – to understand the grand scale of the movement and issues as well as the microcosm of individual struggles and concerns.

AR: Finally, why should disability rights matter to every American?

JW: Dependence is expensive. Way more expensive than independence. Dependence is person specific and labor intensive whereas independence often requires only one-time investments. Motorized wheelchairs, building alterations and other assistive technologies certainly aren’t cheap but are essential tools for personal liberty.  The goal of the Americans with Disabilities Act and the goal of all the work that we do around rights is simple – to give opportunity. I always say that the greatest opera ever written or the cure for cancer or other remarkable achievements may be locked in the head of an individual with disabilities who without the services, tools and right to independence will never have the opportunities they deserve to share, create and succeed. Do we want to pay to take care of everyone when the alternative – increasing access to education, employment and opportunities is by far the better alternative?

Disability rights are human rights. People with disabilities are individuals of all ages and backgrounds who are striving to be independent and active participants in society. They are moms, colleagues, wounded warriors, uncles, kids with big dreams, best friends and neighbors. They have families, jobs, hobbies, likes and dislikes and problems and joys. While the disability is an integral part of who they are, it alone does not define them.

 

Abby Ross is the Chief Operating Officer of United Spinal Association headquartered in NYC.

James Weisman was the General Counsel of United Spinal Association for 35 years prior to becoming President & CEO in 2015.

The Generations of Human Rights

The words "liberte egalite fraternite" written above the entrance to the Hôtel de Ville in Avignon, France.
Avignon – Place de l’Horloge – Hotel de Ville – Liberte Egalite Fraternite. Source: Elliot Brown, Creative Commons

When human rights are being discussed, they are often divided up into three categories called generations.  A reflection of the three generations of human rights can be seen in the popular phrase of the French Revolution: liberté, egalité, fraternité.  These generations of human rights were first formally established by Karel Vasak, a Czech jurist, in 1979.  This division of the types of human rights helps improve conversations about rights, especially those involving legislation and the role that governments play in human rights.

The First Generation: Liberté

The first generation of human rights encompasses an individual’s civil and political rights.  First generation rights can be divided into two sub-categories.  The first sub-category relates to norms of “physical and civil security.”  This includes not committing acts of torture, slavery, or treating people inhumanely.  The second sub-category relates to norms of “civil-political liberties or empowerments.”  This includes rights such as freedom of religion and the right to political participation.

First generation rights are based around the rights of the individual person and are often the focus of conversations about human rights in western countries.  They became a priority for western nations during the Cold War.  Some documents that focus on first generation rights are the United States Bill of Rights and Articles 3 through 21 of the Universal Declaration of Human Rights (UDHR).

The Second Generation: Égalité

The second generation of human rights encompasses socio-economic rights.  Second generation rights can also be divided into two sub-categories.  The first sub-category relates to norms of the fulfillment of basic needs, such as nutrition and healthcare.  The second sub-category relates to norms of the fulfillment of “economic needs.”  This includes fair wages and sufficient standards of living.

Second generation rights are based on establishing equal conditions.  They were often resisted by western nations during the Cold War, as they were perceived as “socialist notions.”  The International Covenant on Economic, Social, and Cultural Rights and Articles 22 through 27 of the UDHR focus on these rights. 

Prior to the fall of the Berlin Wall, first and second generation rights were considered to be divided by the responsibility they place on governments.  First generation human rights were looked at as being a “negative obligation,” which means that they place a responsibility on governments to ensure that the fulfillment of those rights is not being impeded.  Second generation human rights were viewed as being a “positive obligation,” which means that they place a responsibility on governments to actively ensure that those rights are in fact fulfilled.  After the Berlin Wall fell, perspectives shifted to see governments as having the responsibility to “respect, protect, promote and fulfill” these rights. 

The Third Generation: Fraternité

The third generation of human rights encompasses broad class rights.  Third generation rights can be divided into sub-categories as well.  The first sub-category relates to “the self-determination of peoples” and includes different aspects of community development and political status.  The second sub-category is related to the rights of ethnic and religious minorities.

Third generation rights are often found in agreements that are classified as “soft law,” which means they are not legally binding.  Some examples of these agreements include the UDHR and the 1992 Rio Declaration on Environment and Development.  This generation of rights is challenged more often than the first and second generations, but it is being increasingly acknowledged on an international level. These rights started gaining acknowledgement as a result of “growing globalization and a heightened awareness of overlapping global concerns” such as extreme poverty.

Overall, recognizing the differences between each generation of rights can help us to better understand how broad the field of human rights is and how varied the issues involved truly are.  Each kind of right is best fulfilled through the use of different forms of legislation, and recognizing the different generations of rights can improve our ability to identify the what type of legislation is best suited for dealing with a particular issue.

The Age of Human Rights?

The Institute for Human Rights at UAB is proud to take part in the annual Human Rights Day today, December 10th.  Today, the United Nations led the global celebration honoring the creation of the Universal Declaration of Human Rights and its subsequent influence on global affairs.  This is the last post in our series on Human Rights Day, exploring possible next steps to protect, maintain, and expand human rights across the globe.

Looking Ahead: Third Generation Rights & Beyond

Human rights are broken into three generations: (Saito, 1996)

  1. Civil & political, embodied by the UN’s International Covenant on Civil and Political Rights (ICCPR). These rights primarily protect the individual from government overreach, including the freedom of the press, right to ownership, and equality under the law.
  2. Economic, social, & cultural, embodied by the UN’s International Covenant on Economic, Social, and Cultural Rights (ICESCR). These rights primarily ensure equality and equity of individuals in society, including the right to work, freedom of association, and right to an education.

Third Generation human rights relate to ‘solidarity’ and broadly represent the rights of collectives, expanding human rights beyond the individual (exemplified in Generations 1 and 2; Saito, 1996). However, unlike the previous two generations, Third Generation human rights do not have a corresponding UN Covenant or Declaration to codify or clarify what these rights specifically entail. At this point in time, Third Generation human rights include the right of people to self-determination, to peace, and to the environment (Cornescu, 2009).  This last right, to the environment, is an interesting development.  This shifts the focus of human rights beyond the present circumstance and expands the purview of human rights into future generations.  If the human rights doctrine embraces this temporal expansion, what new rights may arise?

Bridge of Harbin Songhua river, illuminated at night
Bridge of Harbin Songhua river. Source: siyang xue, Creative Commons

Pushing forward the jurisdiction human into years beyond the present requires a futuristic approach to the human rights agenda, attempting to account for potential crises that may threaten the lives and livelihoods of humans of the future.  Here are a few upcoming crises requiring the attention of the human rights community:

  • Climate Change. The US Global Change Research Program recently published the “Fourth National Climate Assessment”.  This assessment urges policy-makers to take action to mitigate the effects of the global climate change crisis.  If this crisis unfolds unchecked, marginalized populations (e.g. persons dealing with the consequences of poverty, indigenous groups, and so on) will first feel the brunt of climate change, followed by economic, health, and infrastructural catastrophe.  The unwillingness to take immediate steps to curb the effects of climate change infringes of the human rights of global populations.
  • Artificial Intelligence (AI). Harvard Political Philosophy Professor Dr. Mathias Risse (2018) recently published a research brief illuminating the Gordian Knot of ethics, human rights, and the creation of artificial intelligence.  Two concerns are particularly relevant to human rights: (a) the transmission of bias from human to machine (i.e. discrimination and prejudice along gender, ethnic, ableist, or ageist dimensions); and (b) the problem of value alignment (i.e. ongoing debate regarding how and which normative values should be imparted into machines).  By the same breath, Risse contends human rights advocacy networks would do well to integrate AI into their operations for two purposes: 1) to increase the efficiency and minimize human risk in humanitarian emergencies, and 2) to insert the human rights community into the AI community.  As AI technology develops, perhaps even to the point of artificial consciousness, human rights language must offer clear rules and safeguards concerning the human-AI relationship.
  • Genetic Engineering. He Jiankui Shenzhen, China, recently claimed the mantle of the first research scientist to use genetic engineering to alter embryos during fertility treatments (pending corroboration from peer reviewers).  The human right to our own genetic material has sometimes been referred to as 4th Generation human rights, and this generation declares the human genome is a crucial part of human heritage (Cornescu, 2009).  The use of genetic engineering has been considered a potential boon for eradicating diseases such as HIV/AIDS, while simultaneously harkening to Nazi sentiments regarding the creation of a perfect human race. In the coming years, the human rights community must decide, in no uncertain terms, how and if humanity itself should be subject to engineering, and how human rights fits into this process.
  • Space Colonization. (In)Famous technology personality and businessman Elon Musk claims he and his private spaceflight company SpaceX will send the first human beings to Mars at or before the year 2024, build Mars’ first city in the 2030s, and terraform Mars into an Earth-like planet throughout the 2100s.  As Musk and other billionaires seek to tame the Final Frontier, ethical concerns about the human right to and human rights in outer space must be clarified.  Most notable of these issues is that of “internality”: through lack of access and/or privilege, many humans will remain Earth-bound, with “no true escape… from the atomic bomb, terrorism, or the ecological crisis, which is already dramatically destroying our environment” (Calanchi, Farina & Barbanti, 2017, p. 215).  Stoner (2017) presents another arresting argument: space colonization is an inherently invasive act (a resurrection of the horrors of “New World” colonialism, nonetheless) and threatens to displace or destroy life on any extraterrestrial bodies that humans colonize.  Before hightailing it across outer space, perhaps our species should instead focus on the human rights crises on our home planet.
A view of outer space from the Hubble Telescope
NASA’s Hubble Telescope Finds Potential Kuiper Belt Targets for New Horizons Pluto Mission. Source: NASA Goddard Space Flight Center, Creative Commons

The Age of Human Rights?

Eighteen years ago, former UN Secretary-General Kofi A. Annan penned an editorial for Project Syndicate Magazine, lauding the fact that the UN and its member states broadly coalesced around the norm of human rights: “Above all we have committed ourselves to the idea that no individual – regardless of gender, ethnicity or race – shall have his or her human rights abused or ignored.” Cautiously optimistic from the international community’s recent outrage towards massive human rights violations and movement towards protecting vulnerable populations, Annan proclaimed that the 21st century will be the “Age of Human Rights”.  Annan’s optimism stemmed from his observation that global civil society had, in the span of 52 years, began to take seriously extrajudicial violence both within and between member states.  There is another reason to be optimistic as well.  Humans in the current day have a universal language, mechanism, and procedure to prevent global catastrophe; this was not the case leading up to the last catastrophe – World War II.

Human rights are not static concepts – they are constantly defined and redefined through developments in research, policy, and practice.  Human rights are also ideal forms – translating abstract concepts from documents such as the UDHR into the messy world of lived experience is a Herculean task.  The idea of human rights is challenged by both thought and behavior, whether the ideology of nationalism or the actions of genocidaires.  Human rights are claimed, in the sense that each one of us has a responsibility to report suspected human rights violations, to defend the notion of universal human rights from potential spoilers, and to self-advocate in instances where our rights might be diminished.  The human rights movement must also be forward-looking, anticipating future dangers well before they happen, pre-emptively codifying human rights to account for the scientific and ethical progression of human civilization.  The human rights movement is an opportunity for humanity to write its own rulebook, guiding our approach to thorny issues such as climate change, AI, genetic engineering, and space colonization.

These and more profound challenges await our species in the coming years, and an adaptive, cogent, and enforceable doctrine of human rights will prepare humanity to successfully transform these challenges into opportunities for growth for the human species.  This growth is utterly contingent upon a global commitment to the idea of human rights – that all individuals deserve a free and full life, dignified by our shared human condition and experience.  If the Age of Human Rights is indeed here, the global community should adopt an outlook of futurism in human rights: looking into the coming years, taking stock of critical issues on the horizon, and utilizing the human rights movement to brace global civil society for the coming winds of change.  It is not enough that the Age of Human Rights decries violence in all of its forms.  To future generations, the Age of Human Rights must be known for its foresight identifying, preventing, and transforming global and (perhaps) extraterrestrial challenges for the betterment of all humankind.

This post was originally written for the 70th anniversary of the Universal Declaration of Human Rights (December 10, 2018).

References

Calanchi, A., Farina, A. & Barbanti, R. (2017). An eco-critical cultural approach to Mars colonization. Forum for World Literature Studies, 9(2), 205-216.

Cornescu, A. V. (2009). The generations of human’s rights.  Days of Law, Conference Proceedings.  Masaryk University.

Risse, M. (2018). Human rights and artificial intelligence: An urgently needed agenda. Cambridge, MA: Carr Center for Human Rights Policy.

Saito, N. T. (1996). Beyond civil rights: Considering “Third Generation” international human rights law in the United States. The University of Miami Inter-American Law Review, 28(2), 387-412.

Stoner, I. (2017). Humans should not colonize Mars. Journal of the American Philosophical Association, 3(3), 334-353.

The History of the Universal Declaration of Human Rights

UN Flag
Flag of the United Nations, paixland, Creative Commons

The conception of the Universal Declaration of Human Rights (UDHR) gave birth to human rights as they are known today. Adopted by the United Nations (UN) General Assembly on December 10, 1948, the UDHR was a response to the atrocities that took place during World War II. As half the globe laid in ruin and millions of lives were taken, a dormant side of humanity seemed to reawaken within the world powers, and an international prioritization of human rights emerged. The UDHR, comprised of 30 Articles defining human rights, was an expression of humanity’s resurgence, as well as an international commitment to never allow such monstrous acts to take place again.

Those tasked with composing the UDHR were members of the Commission on Human Rights, chaired by the dynamic Eleanor Roosevelt, who served as First Lady of the United States from 1933 to 1945. Roosevelt transformed the role of the First Lady by using her position as a platform for social activism in women’s rights, African-American rights, and Depression-era workers’ rights. After her husband, President Franklin D. Roosevelt, died in 1945, she was appointed to be the US Delegate to the UN and served in this role for 7 years. It was her experience and passion for social activism that prepared the widow Roosevelt to Chair the commission responsible for creating the UDHR. Roosevelt asserted the Declaration would reflect more than Western ideas; to accomplish this, the Human Rights Commission was made up of members from various cultural and legal backgrounds from all around the world, showing respect for differing cultures and their customs while also ensuring each region had a hand in creating the document. Under Roosevelt’s leadership, the diverse commission was able to craft the UDHR in a unique and culturally-competent way.

Statue of Eleanor Roosevelt
Eleanor Roosevelt, Kevin Borland, Creative Commons

The UDHR was the first document in history to explicitly define what individual rights are and how they must be protected. The Preamble of the document outlines the rights of all human beings:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people…

Thus, for the first time in history, human rights were assembled and codified into a single document. The Member States, or sovereign states that are members of the United Nations, came together in agreement to protect and promote these rights. As consequence, the rights have shaped constitutional laws and democratic norms around the world, such as the Human Rights Act of 1998 in Britain and the Civil Rights Act of 1964 in the United States.

Silhouette of a dove holding an olive branch
Dove Silhouette, Creative Commons

The Commission on Human Rights defined human rights with the conception of the UDHR. By fusing dignity, fairness, equality, respect, and independence, the UN defines human rights as:

rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.

Human rights are the cross-cutting theme within every UN agency. They have inspired the UN’s Sustainable Development Goals (SDGs), which are goals to “provide peace and prosperity for people and the planet, now and into the future.” These planet-, urbanization-, and group-focused goals substantially contribute to the realization of human rights, as the human rights-based approach to development stipulates development is conducive to the promotion of human rights.  In the ideal sense, human rights are a guiding force toward living in global harmony, and through the promotion of the basic rights bestowed by the UDHR, the world has made strides toward achieving that harmony.

 

Representing Disability 

Representation shapes the way we view the world – media regularly exposes us to perspectives and truths that we may otherwise never experience. Disability is one perspective that abled society frequently avoids. Persons with disabilities are heavily under-represented in media, and existing representations often perpetuate harmful stereotypes. Persons with disabilities are rarely depicted with agency or dignity. More often, disability in media is associated with helplessness, pity, or as a perverted source of inspiration for abled people.

However, times are changing. GLAAD’s Where We Are On TV is an annual report on diversity in television; findings from the recent 2018-2019 television season report a positive trend on representation for people with disabilities. Last year’s report found that 1.8% of all series regulars on primetime broadcast television had disabilities, while this year’s report lists 2.1%. This is only a small increase, and still under-represents the proportion of Americans with disabilities. According to the United States Census Bureau, Americans with disabilities make up between 12–19% of the population (variation in range is due to inconsistent definitions of disability).

Three people in wheelchairs face each other while talking.
“Creative Accessibility Mapping Tour.” Source: Andi Weiland / SOZIALHELDEN, Creative Commons.

But that 2.1% consists of a variety of compelling characters with disabilities. Popular television shows Speechless is groundbreaking for its representations of differently-abled youth. The show is centered around a young man with cerebral palsy, JJ, and his wacky family and friends. Speechless is unique in its approach of wholesome humor to deal with the difficulties of navigating personal agency, inclusivity and the struggles of teen life. Disability is so often viewed from a lens of misery, alienation, and darkness, but this show handles tough topics without demonizing disability. Speechless demonstrates that life with disabilities is much like any other, filled with pain but also joy and laughter. Though this is only one show, Speechless empowers persons with disabilities and sets a better tone for disability representation.

Despite under-representation in mainstream media, people with disabilities have found power in creating a culture of agency within their respective communities. Superfest, a disability film festival, was held in October of this year and showcased a range of perspectives from quadriplegia to cerebral palsy to Deafness. Social media allows persons with disabilities to present their own image of independence and beauty, empowering themselves and others. Advocate/blogger/model Mama Cax is an amputee woman of color with nearly 200k followers on Instagram (@mamacaxx). Cax, who modeled in popular designer brand Chromat’s inclusive Pool Rules campaign, is an inspiration to many women with disabilities who have never seen bodies like theirs proudly and unapologetically represented as beautiful.

Positive strides are also being taken in terms of political representation. Notable people with disabilities in politics include former president Franklin Delano Roosevelt and former Senator Tammy Duckworth. FDR was the first and only United States president who used a wheelchair; Duckworth was the first woman with a disability to be elected to Congress. Currently, no member of Congress has openly identified as having a disability, but the recent midterms did include several candidates with disabilities. Disability Action for America is an organization dedicated to increasing representation for persons with disabilities in the American political arena. Disability Action for American endorsed 16 candidates and raised money to aid their campaigns through the grassroots effort Disability Action Network. With their help, Jennifer Longdon is the first full-time wheelchair user to be elected to Arizona’s State Legislature.

“Ignite Phoenix 9 – Jennifer Longdon.” Source: Sheila Dee, Creative Commons.

“I think that my own marginalization, my own minority status, gives me a point of view that some of the other candidates might not share. It’s all interconnected. We’ve got to work together to get solutions… It touches education and employment. It touches housing and public transportation and health care and how the criminal justice system works. It touches disability and being LGBTQ, disability and being undocumented, disability and being black or brown, disability and being poor, being uneducated, being whatever else that made you ‘other.” – Jennifer Longdon

People with disabilities are a large and significant community. Increasing representation in media and politics is a critical step towards the acknowledgement of the rights of persons of disabilities at all levels, in all arenas. The examples discussed in this blog are few, but I believe that representation will grow from here. As more people see disability through better representation, disability becomes less distant and more easily understood and accepted. Disability advocates and activists are already growing in number as social justice movements have made efforts towards inclusion and intersectionality. These factors combine to create a positive force for change. Though there are still plenty of barriers to dismantle, disability representation and inclusion in society is on an upward swing.

Children’s Rights in the United States

A baby sitting on a blanket in the grass.
Cal. Source: Torrey Wiley, Creative Commons

Despite the many different viewpoints that exist on the political spectrum within the United States, one of the few things we all seem to be able to generally agree on is the importance of protecting children.  Their life and well-being completely rely on adults actively working to keep them safe and nurture them.  On September 2, 1990, the Convention on the Rights of the Child (CRC) was put into effect by the United Nations to aid in the protection of these most vulnerable members of society.

Despite the resolution’s wide acceptance, the United States is the only one that has not ratified it out of the world’s 195 countries.  Why is this?  What are its implications?

What Is Included in the Convention on the Rights of the Child?

The CRC does exactly what the title suggests: it outlines the rights held by children.  It covers the rights to parental guidance, survival, development, nationality, identity, freedom of expression and thought, privacy, education, healthcare, and much more.

It states that, above all else, adults should be focused on ensuring that all their actions have as positive an impact on children as possible.  Governments are responsible for protecting children’s rights in all situations, and any legislation that affects children should support their development and well-being. The CRC also addresses government responsibility in trying to keep families together (so long as it is the best thing for the child) and the fact that child refugees, children with disabilities, indigenous children, and children of minority groups have the same rights as any other children.  Governments should take any extra action necessary to see that these rights are fulfilled.

Article 42 states that adults and children should be made aware of the rights put forth in the Convention.  It emphasizes the importance of adults teaching children about their rights.

The United States and Violations of Children’s Rights

The United States is currently involved in the violation of many of the rights set forth in the CRC, but if it were to ratify the CRC, it would then be expected to begin working towards fixing them.

Children Facing Life Without Parole

One way in which we are currently violating the CRC is through the fact that, in many states, children can be sentenced to life in prison without the chance of parole.  More than 3000 people are currently serving life sentences without the possibility for parole for crimes they committed while under the age of 18.  In 2012, the Supreme Court ruled that it is unconstitutional for children to be given mandatory life-without-parole sentences.  However, in 28 states it is still a possibility for a child to face life in prison without parole.  This number does not include states that allow sentences lasting decades, even 90 years, which are in effect life-sentences, despite not being labeled as such.  This violates Article 37 of the CRC which states that children should not be sentenced to life without the possibility of release.

A young girl looking over her shoulder at the camera.
Child. Source: Florencia&Pe, Creative Commons.

Children in Adult Prisons

We are also violating the CRC because there are around 10,000 children in the United States who are being held in adult prisons and jails.  This fact within itself violates Article 37 of the CRC, which states that children should not be kept in prisons with adults.  This also violates Article 34, which states that “Governments should protect children from all forms of sexual exploitation and abuse,” as children are five times as likely to experience sexual assault in adult prisons than juvenile detention centers.  Children are 36 times more likely to commit suicide after being held in adult facilities than those who have been held in juvenile facilities.  This violates Article 27, which states that children “have the right to a standard of living that is good enough to meet their physical and mental needs.”

Trump’s Zero Tolerance Immigration Policy

The United States has also recently violated the CRC through the “zero tolerance immigration policy” that The Trump Administration put in place earlier this year.  As a result of the push for prosecution of undocumented immigrants caught crossing the border and “rules on holding children in either criminal or immigration detention,” thousands of children were separated from their parents.  This violates Article 9 of the CRC which states that children should be remain with their parents unless it is more harmful for them to be together than separated.

Despite the rules that relate to holding children in criminal or immigration detention, the children who were separated from their families were held in what were essentially cages: holding areas surrounded by “chain-link fences,” with 20 children being held in each of them and “few comforts besides foil blankets.”  They were kept in inhumane conditions, violating Article 27 of the CRC, which describes the right to an adequate standard of living.  It is difficult to see how these conditions could possibly have had a better impact on the children than finding a way to allow them to remain with their parents.

Most of the families who were separated have now been reunited and new families are no longer being separated, but it is still important that we recognize the impact that such situations have on the children involved.

Basic Human Rights for Children in the United States

The United States also has a long way to go in taking steps to improve and preserve children’s access to their rights.  In 2014, 22% of children lived in poverty, and 30% had parents who did not have job security.  Between 2012 and 2014, 53% of young children were not in school, bringing concern to the right to education.  Also, the US is the only high-income country that does not provide paid leave for new mothers.

The United States’ withdrawal from the United Nations Human Rights Council makes it difficult to be optimistic about the possibility of ratifying the CRC any time soon.  It is a country that is self-proclaimed as being one of the most progressive in terms of human rights, yet we have not even ratified the document created to protect the vulnerable members of society whom we all agree need to be protected.  At this point in time, the actions of the United States do not match its claims, and that needs to change.

Not Just A Phase: Bisexuality, Invisibility and Invalidation

Of the identities that together form the full rainbow of the LGBTQ+ community, the “B” is one of the least visible despite its sizable population. Per the San Francisco Human Rights Commission, “self-identified bisexuals make up the largest single population within the LGBT community in the United States.” LGBTQ+ refers to all of the people who identify as lesbian, gay, bisexual, transgender, and queer (a reclaimed term used to refer to all other identities not represented by the ones listed). However, not all people feel represented by the word “queer,” and the plus sign is meant to be inclusive of those communities.

A pink, purple, and blue flag flies to represent bi pride.
“The bisexual pride flag.” Source: Peter Salanki, Creative Commons.

To understand the experience of bisexual people, one must first understand the basics of gender and sexuality. Gender is a term that describes the social representation of biological reproductive processes, while one’s gender identity is based on personal identities, or the “internal perception of one’s gender” (SafeZone Project).  Gender is what most people attach words like “man” and “woman” to, but can encompass a variety of identities such as agender (one who does not experience gender identity), polygender (one who experiences multiple gender identities), and genderfluid (can experience a combination of gender identities depending on the day).  Sexual orientation is the “sexual, romantic, emotional/spiritual attraction” that one experiences, often depending on which gender/genders that they are attracted to. Straight, gay, lesbian, bisexual, pansexual, and asexual are all examples of different sexual orientations, though a wide variety exists in addition to those listed.

Bisexuality (bi) does not have one all-inclusive definition, but the term “bisexual” generally refers to a person who experiences attraction to people of their own gender as well as people outside of their gender. The experience of bisexuality can be shared by pansexual people. The two terms overlap, as pansexual people experience attraction regardless of gender. Typically, one differentiates between the two identities with respect to how an individual identifies themselves; some bisexual people could technically be called pansexual (and vice versa), but the most inclusive practice is to respect each individual/community as they define their own experience.

A couple embraces in the street during a gay pride demonstration.
“Thousands march in Madrid to claim an anti-capitalist and combative Gay Pride.” Source: Adolfo Lujan, Creative Commons.

Semantics aside, bi people have faced a long history of adversity with very little notoriety. Bisexuality as an identity has been chronically invalidated, demonized, and even blatantly ignored. Discrimination towards bisexual people has long been enforced by a heterosexual society, but many bi people have experienced discrimination from within the LGBT community as well.

According to the oldest bisexual advocacy organization in the United States, bisexual people are more likely to live in poverty, have higher rates of sexual and intimate partner violence, and report higher rates of poor physical/mental health than lesbian, gay or straight people. Research from the same source reveals that “bisexuals are six times more likely than gay men and lesbians to hide their sexual orientation,” and nearly one-quarter of bi people have never shared their orientation with anyone.

One might expect a stronger community backlash to this level of inequality, but biphobia is so pervasive that few dare to speak out. Biphobia, or the aversion to bisexuality, is experienced frequently by bisexual people while in the company of others who assume that they are either heterosexual or homosexual (depending on the bi person’s partner). Bisexuality is a unique identity in that a bi person is not defined by the gender of their partner, and this heteronormative invisibility is what makes the bi existence so difficult. UC San Diego’s LGBT Resource Center puts it this way:

“Lesbian, gay, and heterosexual people are invested, and find a sense of security in being the ‘other’ to each other, and unite in the fact that they are only attracted to either the ‘same’ or the ‘opposite’ gender/sex. This sets up another ‘us’ vs. ‘them’ dynamic which effectively marginalizes bisexual people as ‘other.’ Integral to this dynamic is the automatic assumption people can be defined by the gender/sex of their current or potential romantic interest.”

An openly bisexual person often experiences the condescending attitudes of those who think that it’s just a phase. Straight people assume that bisexuals will eventually revert back to heterosexual “normalcy,” while LGBTQ+ people may assume that the bi identity is merely a “half-gay, half-straight” phase that will culminate in a homosexual identity later on. However, research provides data to the contrary – a longitudinal study found that 92% of bisexual women still identified as bisexual over ten years later. To be clear, sexual orientation is not validated or invalidated based on its fluidity. This data only provides evidence that bisexuality can be a stable orientation.  These attitudes are reinforced by the assumption that society is separated into a heterosexual norm and a homosexual other, leaving little room for the huge spectrum of sexuality that falls between gay and straight.

“C.D. Kirven with the Trans Pride Flag while Get Equal flies the Bisexual & Rainbow Pride Flags.” Source: Melissa Kleckner, Creative Commons.

The statement “I’m bisexual” can also lead down a different but equally terrible path – the inevitable, half-joking “That’s hot!” or “Oh, so you want to have a threesome?” The stereotype that bisexual people are hypersexual is both degrading and exhausting. “Hypersexual” stereotypes assume that certain people are more likely to frequently engage in sexual activity with a lesser degree of moral restraint; this stereotype is applied to many identities other than bisexuals, and is particularly common for black and Latina women. Far too often, the experience of coming out as bi in addition to the perception of hypersexuality ends in an unwanted sexual invitation that can be traumatic, particularly considering the high rate of sexual violence among the bi community. The can permeate and negatively affect bisexual relationships, as their partner may struggle with trust issues resulting from this widespread misrepresentation. Some people may even avoid relationships with bisexuals altogether for fear of infidelity.

Each of these experiences results in the invalidation of bisexuality. Being bisexual is valid in itself, not as a stepping stone to a different sexual orientation or as a prop to spice up your heterosexual love life. Additionally, bisexuality is not the easy way out. An assumption exists that, even if the bisexual orientation is valid, bi people will eventually settle down into an opposite-gender relationship in order to bypass social discrimination that accompanies an LGBTQ+ identity. However, bisexual people in heterosexual-passing relationships are still equally affected by discrimination, biphobia, and invalidation; “passing” as straight does not negate the hardships that are tied to the bisexual experience.

Biphobia, invisibility, and discrimination are some of the most subversive yet malicious tools that are used to maintain the societal fabric of heteronormativity. Limiting or invalidating the bisexual orientation only strengthens the gay/straight dichotomy that holds us all back from freely experiencing the full spectrum of sexuality and gender. It’s easy to proclaim that the system should change, but realistically, what can we do to reduce injustice for bi people? First, you should examine your own thoughts and attitudes towards bisexuality. It’s easy to be complicit in biphobia and erasure if you aren’t aware of your unconscious bias. If you find and acknowledge any prejudicial tendencies, challenge those thoughts. Don’t assume a person’s sexual orientation based on their partners – ask them! If you witness a casual biphobic joke, call it out instead of being silent. Make room for bisexual people within the LGBT community. Above all, respect everyone’s identity enough to support and validate the terms that they choose for themselves.

Sexual Assault on College Campuses

A woman who is talking to someone.
Beautiful woman. Source: Henry Söderlund, Creative Commons

According to the Centers for Disease Control and Prevention, one in three women and one in six men have experienced sexual violence .  The term sexual assault refers to “any type of sexual activity or contact that happens without your consent.”  Though, the most obvious examples of sexual assault are physical, such as rape and unwanted touching, it can also be found in verbal and visual forms, such as sexual harassment or exposing oneself.

Sexual assault is a particularly significant concern on colleges campuses.  It is experienced by one in five college women, and the majority of survivors are women between the ages of eighteen and twenty-four.  For men between 18 and 24 years old, being a student increases the likelihood that they will be assaulted by 78%  in comparison to those of the same age who are not students.  Due to the breadth of its impact, sexual assault on college campuses is an issue that urgently needs to be addressed.

Intersectionality and Sexual Assault

When discussing this problem, it is important that we recognize that not all groups experience sexual assault at the same rates.  The people who are most at risk are those from minority communities that typically have less social and political power than majority communities.

This is an intersectional issue.  Women of color, for example, experience sexual assault at higher rates than white women.  According to the Rape, Abuse, and Incest National Network, Native American women are twice as likely to experience sexual assault when compared to people of all other races.  People with disabilities are twice as likely to experience sexual assault  in comparison with people who do not have a disability.  Members of the LGBTQ+ community are also at a greater risk.  According to the 2015 U.S. Transgender Survey, 47% of transgender individuals are sexually assaulted at some point in their lives .

Title IX

Title IX is part of the Education Amendments of 1972 and prohibits discrimination based on sex in federally funded schools.  Colleges must have systems in place to deal with sexual assault, since it can have a serious impact on an individual’s educational experience.  They should investigate every reported incident and make any necessary accommodations to make sure that the education of assault survivors is negatively impacted as little as is possible.

Secretary of Education Betsy DeVos has proposed some changes for exactly how colleges are to handle reports of sexual assault, but, at the moment, students still have the rights set forth by Title IX and the Clery Act, which include the Campus Sexual Assault Victim’s Bill of Rights.  Under the Clery Act , survivors have “the right to receive written explanation of their rights and options,” and colleges must have “a policy on campus disciplinary proceedings” for sexual assault.  In these proceedings, both the survivor and the accused have the rights to equal opportunity to have each other present as witnesses, the accompaniment of an advisor of their choosing, and “simultaneous written notification” of any updates.

If you have experienced sexual assault on a college campus, you can report it to your school, get to know your Title IX coordinator  and school’s policies, and file a police report.

College students walking across campus.
College student. Source: Yuya Tamai, Creative Commons

Rape Culture

Exacerbating the problem of sexual assault on college campuses is the prevalence of rape culture.  Rape culture consists of the behaviors, language, and beliefs through which sexual violence is “normalized and excused.”  This can range from victim blaming, to the use of phrases like “boys will be boys,” to sexual assault itself.  This is especially impactful on the relationship between women/girls and sexual assault.  Rape culture leads to people asking female sexual assault survivors questions about what they were wearing and whether or not they were drinking, as if those factors are the reasons why people are attacked.  As girls grow up, they are taught what steps to take to help them stay safe.  The responsibility to prevent rape and assault is primarily placed on the people at risk of experiencing these things rather than being focused on teaching people not to be perpetrators.  Rape culture is a huge part of why many survivors do not report their assault .  Among survivors on college campuses, more than 90% do not report.

Rape culture is also perpetuated by phenomena such as toxic masculinity, which emphasizes the gender expectation for men to be aggressive and dominant.  Many people use this traditional view of what it means to be a man to minimize the significance of sexual assault to simply “men being men.”  This idea, as well as rape culture as a whole, frames sexual assault as something that is inevitable or a normal part of life rather than a serious problem that needs to be stopped.  This also leads to the assumption that men are always the perpetrators and survivors are always women, which is completely untrue.  Men and non-binary individuals can be assault survivors. Women and non-binary individuals can be assaulters.  People can be assaulted by someone of the same or a different gender.  Sexual assault does not always fit the stereotypes we have been taught.

Safety Precautions

If you are one of the many people who worries about their safety and about assault on a regular basis, here are some things you can do that will hopefully help you feel a bit more comfortable.  If you are not someone who feels the need to think about these kinds of things, this may be an opportunity to broaden your perspective and learn more about the things many of us have do to in order to feel even slightly safe.

  • Try to avoid walking out alone at night.
  • If you have to walk alone at night, consider calling someone and staying on the phone until you reach your destination.
  • Do your best to walk in and park your car in well-lit areas.
  • Carry pepper spray with you.
  • If you are out at night, try to make sure that someone knows where you are going to be and at what times.
  • Check the back seat of your car before getting in.
  • Make sure you have a reliable form of transportation if you are out at night.
  • Avoid jogging alone at night.
  • Always be aware of your surroundings, especially if you are alone.
  • Consider taking some classes in self-defense.
  • If you get a drink at a party or bar, watch them make the drink and do not leave it alone.
  • Consider downloading an app like Noonlight, which can make it easier to contact emergency services if you feel unsafe or if you are unsure if you should call 911.

Sexual Assault Is A Human Rights Issue

It is vital that throughout the conversation about sexual assault we recognize it is a human rights issue.  It is an issue of equality for people of all genders, sexualities, races, and abilities.  Article 26 of the Universal Declaration of Human Rights (UDHR) states, “higher education shall be equally accessible to all on the basis of merit,” but many college classes do not end until it is already dark outside.  Safety concerns prevent some people from taking these classes, while other people are able to take any of the available classes they want. According to Article 27 of the UDHR, “…everyone has the right to freely participate in the cultural life of the community,” but many cultural events, such as concerts and educational events, happen at night.  If someone fears going out that late and/or has no safe mode of transportation, how can they enjoy this right?  How can they use their right to freedom of expression if they are afraid (Article 19)?  How can someone live in an environment that supports their mental health and wellbeing if they are afraid (Article 25)?  How can they enjoy the equality that all people share if they are afraid?

Resources for Sexual Assault Survivors