Environmental Rights = Human Rights: Water As a Human Right

An image of waterfalls, an important water system that helps filter the waterways.
Source: Yahoo Images; An image of waterfalls, an important water system that helps filter the waterways.

Human rights are dependent on the environment, and we can address many environmental rights issues to bring about a better world for all those who live on this green and blue planet that we call home. In this sense, environmental rights ARE human rights, and taking a human rights approach to addressing these environmental rights can close the gaps of inequality between the Global North and the Global South countries. I am dedicating a series to deep dive into this human rights approach to environmental rights. We began this series by focusing on how issues around food can be addressed with a human rights approach. This blog will focus on water, another essential need for all living things, and how issues surrounding access to clean water can be addressed with a human rights approach.

Uses of Water

A pie chart showcasing how much freshwater and saltwater there is on Earth.
Source: Yahoo Images; A pie chart showcasing how much freshwater and saltwater there is on Earth.

Similar to food, water is also another resource necessary for all living creatures, including humans. Organisms need water to survive and function, even in the driest places on Earth. Humans need water for survival, not just to quench our thirst, but also to cook our food, and clean ourselves and our spaces. To maintain this modern civilization we live in, humans also require water for various industrial purposes, including watering the crops we consume, providing water for the livestock that we make use of, hygienic purposes, and even washing the clothes we wear. In fact, water is required for industrial use as well, including in the clothing and textile industries, mining industries, the process of oil drilling, and many more. Not having access to clean water can cause illnesses, rashes, and even death, both to humans and the organisms that live in areas with unclean water.

Although this planet is made up largely of water, it is a natural resource that is limited. Its limitations come from the fact that 97% of the water found on Earth is contained in the oceans, which are made up of salt water. Saltwater is unsafe for consumption because our kidneys are not capable of filtering all the salt out of the water, and as a result, drinking it can have the opposite effect you want to achieve, including dehydration and eventual death. Only 3% of the water found on Earth is freshwater and safe for consumption. This 3%, therefore, is what is used for all of our personal, industrial, and agricultural needs, and this same 3% also has to be shared with the many creatures we live alongside on this planet. Even still, much of that 3% of fresh water is also frozen in the form of ice caps and glaciers or contained in the atmosphere and soils. So, in reality, we only have about 0.5% of the Earth’s water source for all of our needs and those of our fellow Earth dwellers.

Consequences of Using Unclean Water

The current way we treat our water supplies and our environment can have drastic impacts on our lives, the lives of other organisms, as well as the future of this planet. We have seen what happened in Flint Michigan and Jackson, Mississippi, and the struggles the individuals in those places are going through just to be able to have clean drinking water. For those who are not familiar with these incidents, from 2014 to around 2016, residents in Flint, Michigan were consuming water that was polluted with lead. This occurred due to the negligence and carelessness of the local government, which failed to treat and test the river water. The Flint River, which was the major source of drinking water, was polluted due to the high industrial usage along its coasts and was also polluted by agricultural usage, sewage from the waste plants, and even pollutants from the nearby landfills. This incident caused health issues among the residents, and incredible levels of lead were found in consumers, including the city’s children. Something similar occurred in Jackson, Mississippi, and this issue is ongoing even today. The issues of busted pipes during cold-winter days, and the leakage of sewage among other things, were listed as the cause of the Jackson water crisis. In both these cities, many of the residents are people of color, and this has larger racial implications for the issues of access to clean and fresh water (which will be covered in later parts of this series).

Average Water Consumption

An infographic depicting the various household uses of water, how much it is costing us, and some best practices of conservation.
Source: Yahoo Images

All this does not even include the wasteful nature of water consumption that we in the Western nations have normalized. To put things into perspective, for each minute we spend showering, we are using 2.5 gallons of water. So, for a 10-minute shower, that is 25 gallons of water that are used. Each time we flush the toilet, we use 1.6 gallons of water, with older toilets taking as much as 3.5 gallons a flush (or even 5-7 gallons a flush for toilets made before 1985). When washing clothes in the washer, Americans use over 40 gallons of water per load. Washing dishes by hand uses another 20 gallons of water per load while washing dishes in an efficient dishwasher uses around 4 gallons. This does not include the water that is used to water the lawn, household plants, or other uses like cooking food and cleaning the house.

Negligent Water Practices – Sewage Systems, Bottled Water, and Environmental Water Disasters

Our waterways are not only impacted by chemical leaks and our water consumption but also by the way we process our human wastes and that of our livestock. Agricultural runoffs happen when sediments containing chemicals, bacteria, and manure runoff into the nearby waterways from heavy rains and flooding, causing an increase of nitrogen and phosphorous in the waters. Too much nitrogen and phosphorous in the waters can be very harmful to marine life because these elements cause an increase in algae growth, a process known as eutrophication. This may not seem so bad, but too many algae in the water can block the sunlight and oxygen from reaching the organisms on the bottom layer of the water. This in turn leads to hypoxia, a condition where the oxygen levels in the water decrease and can cause the death of many marine organisms. Similar to agricultural runoffs, human sewage also has high levels of nitrogen and phosphorous, and any leaks from sewage treatment facilities and other industrial factories that use similar chemicals can further threaten marine biology. For more information about water insecurity in America and how the sewage system exacerbates this issue, click here.

Another wasteful practice we engage in as humans are our production and consumption of bottled water. For one, the process used to make single-use plastic water bottles releases over 2.5 million tons of carbon dioxide into the environment every year. Additionally, the process uses 17 million barrels of oil to meet the consumer demands for these plastic bottles. After consumption, the water bottles are rarely recycled, resulting in the addition of 38 billion water bottles to landfills. 10% of all discarded plastics end up in the ocean, a threat to aquatic life. Furthermore, consuming water from plastic bottles comes with its own health consequences, including the bioaccumulation of microplastics in our systems. Many companies also use a type of plastic (#7) that contains bisphenol A (BPA), which has many health concerns associated with them, including diabetes, heart conditions, developmental issues, and fertility issues, and can even lead to cancer. This type of plastic is actually banned in many nations around the world but is still allowed in the US.

In addition to all these issues, the water bottle industry is also a perpetrator of human rights violations, with Aquafina, Dasani, and Nestle, being the largest water bottling companies in the world. Bottling companies transform a free, naturally available resource, into a profit-making commodity. In the process, they are actually harming the water sources in the locations in which their manufacturing and bottling occur, forcing the people that live in those areas to consume bottled water, not as a choice, but as the only source of clean water available to them. For those who cannot afford water bottles, water insecurity becomes a daily reality from which they cannot escape. The insidious part of this issue is the fact that many of these bottling factories exist outside of Western nations, in countries such as India, Fiji, and other underdeveloped nations in which the residents cannot (or do not have the resources) to fight back against these corporations, an approach that can only be characterized as environmental racism. For those factories that do exist within Western nations, they are predominantly located near neighborhoods of color. The CEO of Nestlé faced backlash in 2013 for announcing that water is not a human right, but a product to be privatized and sold. This privatization of water denies these local communities the right to use the resource for their own residential, industrial, and infrastructural use, and further exacerbates their conditions of poverty and water insecurity.

Anthropogenic (caused by humans) activities have caused many of our ecosystem services to be polluted, including our water sources. We as humans have allowed many chemicals to leak into the waterways, sewage, and other waste products to run off into the streams and have done a poor job taking care of our groundwater, aqueducts, and aquafers. There has been recent news of chemicals from the train derailment in Ohio entering the waterways and causing local residents to become sick. Last year, there was a story about the US military leaking jet fuel, contaminating the waterways in Hawaii. Much of the nuclear waste we produce gets stored in containers underground, and these containers cannot hold radioactive waste for too long. At times the contents seep out, polluting the groundwater. The Ogallala Aquifer, one of the world’s largest aquifers that serves much of Central America, has been threatened by the installment of the Keystone XL pipeline, which is an oil pipeline, that if it bursts, can pollute the entire aquifer, contaminating the water used by people across eight states. These are just some of many incidents in that we as humanity have failed to protect our naturally occurring ecosystem services, which, if we had to recreate, would cost us trillions and trillions of dollars.

Water is a Human Right

An image of the water cycle
Source: Yahoo Images; An image of the water cycle

Along with food, water is also listed as a human right in Article 25 of the UDHR. Although water is considered a renewable resource, it is a limited one. The reason water is considered a renewable resource is because of the water cycle, which is the various steps of a cycle the water goes through, (evaporation, transpiration, condensation, precipitation, and runoff) that recycle the water that we use. Evaporation happens from the major bodies of water, when the heat transforms the liquid water into a gaseous form. Transpiration happens in forests and plants, when water moves through the plant into the atmosphere, to move nutrients and cool the parts of the plants that are exposed to the sun. Condensation occurs when the water evaporated into the air ends up filling up the clouds, changing the water vapors into a liquid form again. Precipitation is what comes next when the collected vapors fall back onto the ground, such as rain, snow, or ice. This precipitation is dispersed in many ways, from the waterways to the land. Finally, runoff refers to the water flow on the surface level, below the surface level, or even into the depths of the Earth. Simply put, runoff is water that has not been soaked into the soil. Yet, while on paper, water seems to be a renewable resource, in practice, water is polluted in many ways. Due to the current human lifestyles, clean water has become a limited resource, and our continued negligence on this subject will only exacerbate this issue.

The Threat of Water Wars and Water as a Human Right

An image of a child in Kenya trying to find some clean water to drink.

Climate change is impacting everyone around the world, but disproportionately. The Global North benefits from an abundance of resources while the Global South, in many ways due to the history of imperialism, suffers the consequences of the Global North’s actions. Many people in the Global South face water insecurity on a daily basis, and this will only get worse as the Earth continues to warm up. By 2030, many countries in the warmest parts of the world will be uninhabitable. Apart from this, due to the rising temperatures, many of the bodies of water on Earth are drying up, further exacerbating the water issues already present. There are already feuds between China and India over the Brahmaputra River, one of the largest rivers in Asia.

One way to personally address this issue is to be mindful of our water usage. Yet, this alone will not be enough to address this problem on such a large scale. Countries around the world have to come together and find creative solutions to ensure that clean water is made accessible to everyone equally. This can be done through strategies that incorporate green infrastructure. In doing so, the strategies used to address these issues need to be inclusive of everyone, including being respectful of Native Americans and their many uses of water. Additionally, access to clean water does not just mean the ability to have clean water but it should also be affordable, regardless of where you live. In fact, water is one of those essential needs for every human being, and as a result, should be free, or nearly free to everyone. Finally, everyone should be educated on the various uses of water, and the need to maintain its cleanliness.

The Parisian Protests

paris city hall
(source: yahoo images)

Perhaps, recently, you have seen TikToks, videos, or news broadcasts discussing the ongoing protests in Paris. If you are not sure what is going on, do not fright. In this blog, I will discuss this topic and hopefully help bring to light what the current French demonstrations mean.

What is Article 49.3?

The Arc De Triomphe
(source: yahoo images)

Before we can get to discussing the protests in Paris, we must first talk about a crucial fact about the protests: the fact that they started due to a feature of the French Constitution. Article 49.3 of the French Constitution, put lightly, allows the government to push through a piece of legislation without the approval of France’s lower house of parliament, the National Assembly.

This legal maneuver is completely legal and has been in practice since 1958, when it was introduced by Charles De Gaulle. Despite this, many French citizens see Article 49.3 as undemocratic. This is not a surprising assertion, as using Article 49.3 forgoes one of the most rudimentary components of democracy—votes. 

However, the government is not completely unchecked. After Article 49.3 is used, lawmakers who oppose the published legislation have 24 hours to file a no-confidence motion against the government. A one-tenth majority amongst the lawmakers in the lower house is required for the motion to go to the floor where it is debated. For the next couple of days, debate and voting about the bill will take place amongst the politicians.

For the no-confidence motion to succeed and reject the bill, it must get an absolute majority of votes. That is, more than half of the lawmakers must vote to reject the bill pushed forward by Article 49.3. If the motion does not get an absolute majority, the motion fails and the bill remains.

Notably, successful no-confidence motions are rare in France. The reasoning for this is that a successful no-confidence bill not only stops a bill from being enacted, but removes the Prime Minister and Cabinet from office (the president remains). Due to this, many lawmakers who are loyal to their higher-ups in government may hesitant in voting in favor of the no-confidence motion, as it will end up “toppling” the government. 

Interestingly, since Article 49.3 was legitimized in 1958, only one successful no-confidence motion has ever passed. It was in 1962.

The Protests

Paris in the summertime
(source: yahoo images)

Now that we have constructed an understanding of the French legal system, we can look into exactly what has sparked protests and how Article 49.3 was involved. 

On March 16, 2023, France’s president, Emmanuel Macron, pushed a bill via Article 49.3 that raised the retirement age in France from 62 to 64. This sparked widespread protests in Paris, the capital of France, as citizens deemed this move by Macron to be undemocratic. Allegedly, Macron used Article 49.3 because he calculated that his bill would not pass if it went to the National Assembly. Interestingly, it has been reported that this move was an unprecedented move by Macron, as even members of his own party urged him not to invoke Article 49.3.

As has been aforementioned, after Macron’s move, citizens took to the streets of Paris and began protesting. Garbage fires, road blockages, and even graffiti were some of the things conducted by the protestors. In fact, the protests were so widespread at some point that visitors arriving at Charles De Gaulle, France’s biggest airport, were unable to order rides into the city as roads were blocked. 

Therefore, it ought not to be surprising that lawmakers instantly filed a no-confidence motion against Macron and his bill. However, after debate and deliberation, the no-confidence motion was unsuccessful, which falls aligns with the motion’s typical fate. On March 20th, the motion was voted on and only received 278 votes out of the 287 votes required to nullify the bill and unseat the government. 

Moving Forward

Louvre museum
(source: yahoo images)

What the failure of the no-confidence motion means, we have yet to find out. However, what we do know is that moving forward, the bill proposing the change in the retirement age from 62 to 64 will become law. Currently, protests are still ongoing in Paris. Whether or not they will continue, we have yet to find out. Moreover, what lawmakers will do about the fact that their constituents are protesting a bill is also unknown. 

However, this series of events in France has raised a meaningful question: how much authority do the people of a nation have over the government? Should the people dictate how the government is run? Does government reflect the people, or do the people reflect the government? 

Empirically, it seems that the majority of the French oppose this bill. Yet, despite this, it was not only enacted by their president, but it failed to be overturned by lawmakers. However, if there is one motif the French have instilled in history, it is the motif of representation of the people. One only needs to look to the French Revolution, and all of the many revolutions afterward, to be remained of the fact that the French take pride in their nationality, and will simply not rest until the government reflects the ideals of the people. 

Environmental Rights = Human Rights: Food As a Human Right

An image of Earth from space.
Source: Yahoo Images; An image of Earth from space.

There is a common misconception among people that environmental rights are necessary, but they have nothing to do with human rights. Some consider environmental rights as something that is another genre of human rights, not recognizing that without the environment, we as humans seize to exist. Human rights are dependent on the environment, and we can address many environmental rights issues to bring about a better world for all those who live on this green and blue planet that we call home. In this sense, environmental rights ARE human rights, and taking a human rights approach to addressing these environmental rights can close the gaps of inequality between the Global North and the Global South countries. I am dedicating a series to deep dive into this human rights approach to environmental rights, starting with how food, water, and air, the essential needs for all living things, can be transformed with a human rights approach to address some of the most egregious practices in these fields.

Food insecurity, food shortages, and healthy food consumption in general

An image of a few community youth working together at a community garden.
Source: Yahoo Images; Community gardens are a great way to grow food locally, teach young kids how to grow their own food, and respect nature, but also a great way to strengthen the community.

Food Insecurity

The issue of food insecurity is widespread in many nations worldwide, and it has only increased due to the supply-chain issues that were experienced during the pandemic. While many of the nations that face food insecurity are from the Global South, it is just as prevalent in America, one of the richest nations in the world. For more on food insecurity in America, check out this blog.

Community Gardens

One way to address this issue with a human rights approach would be to encourage the cultivation of community gardens locally to avoid supply chain issues. This would alleviate the issue of transporting the necessary products to and from places (reducing the carbon emissions in the process), provide jobs to local community members, and even cut down costs for the produce. Furthermore, members in charge of taking care of the community gardens would be trained on how to avoid the use of harmful pesticides that are known to cause health issues in humans. These chemicals are not only harmful to humans, but they are also causing bees and other pollinators to go extinct. These pollinators are largely responsible for producing crops around the world, and without them, we would have to engineer mechanical pollinators or manually perform the pollination process, both of which would cost a lot of time, energy, and money.

Alternate forms of Agriculture – Hydroponics

Benefits of Hydroponics are listed on this infographic. These benefits propose that this method does not require soil, saves water, produces higher yields and faster growth, produces less disease, and requires less pesticide use.
Source: Yahoo Images; Benefits of Hydroponics are listed on this infographic. These benefits propose that this method does not require soil, saves water, produces higher yields and faster growth, produces less disease, and requires less pesticide use.

For those communities that do not have rich soil, they can use the technology of greenhouses and other indoor cultivation technology to meet their needs. In fact, there are three types of indoor farming that are currently common in the agricultural industry – aquaponics, aeroponics, and hydroponics. Hydroponics eliminates the need for rich soils by making use of water and a mixture of liquid nutrients to supplement the plants’ needs as they grow. This technique can be used for everyday households and industrial-level agriculture, and it has quite a lot of benefits for the environment as well. For one, it uses less water than traditional agricultural practices, and it does not require soil, so it is not impacted by conditions of soil erosion. It also yields greater produce and eliminates the need for pesticides and herbicides which in turn make the crops safer for consumption and reduces the risk of health issues as a result. Also, plants can grow almost twice as fast as the ones that are grown in soil.

Alternate forms of Agriculture – Aeroponics

An image of an aeroponics system that makes use of an air pump and the laws of gravity to produce crops.
Source: Yahoo Images; An image of an aeroponics system that makes use of an air pump and the laws of gravity to produce crops.

Another indoor cultivation system is Aeroponics. Aeroponics uses water and a mixture of liquid nutrients like hydroponics, but in this technique, the roots are suspended in the air and are misted on a timer to keep them from drying out. This requires a lot of technical precision and uses a lot of energy. While it is a technique that utilizes a lot of energy, according to NASA, it also reduces the use of water (similar to hydroponics) by 98%, and pesticide use by 100%, and still maximizes the yields these crops produce. Additionally, plants grown using this technique have added health benefits, as they absorb more minerals and vitamins. Some setbacks to this method are the fact that this technique needs experts who can monitor the plants and the pH levels of the air. This method is also vulnerable to electrical shortages and requires a lot of advanced technologies to perform successfully, and yield crops. As a result, it is very expensive to initially set it up.

Alternate forms of Agriculture – Aquaponics

An image depicting how fishes are incorporated into the aquaponics method. The fish waste is used to fertilize the plants, as the waste is broken down using microbes and worms.
Source: Yahoo Images; An image depicting how fishes are incorporated into the aquaponics method. Fish waste is used to fertilize plants, as the waste is broken down using microbes and worms.

Finally, Aquaponics is another indoor cultivation technique that has become popular today. Similar to hydroponics, aquaponics also has a reservoir where the plants are stored, yet in aquaponics, the reservoir also contains fish. Instead of using a mixture of liquid nutrients, the fishes provide those nutrients naturally to the plants. This may sound a bit strange, but the ammonia that is released by the fishes (particularly their feces) gets converted into nitrates which provide nutrition for the plants. One thing to be careful of when using this method is to constantly check on the ammonia levels, because really high levels of ammonia will actually end up killing the fish. Other than that, the whole process takes about 6 months for the plants and fishes to form their own ecosystem that can operate without much maintenance or monitoring. There are also many benefits to using this system, including the fact that you are able to cultivate plants and fish, two food sources instead of one. Due to the fact that the water is recycled through natural processes, this method does not waste any water, and there is no need for chemicals to upkeep the plants either. The fishes provide all the nutrients that the plants need, so there is no need to top off any liquid nutrients like in the other two methods, saving a lot of money in the long run. This method is great for the environment, and because it has its own ecosystem, it is also sustainable on its own. Of course, with this method, in the winter, the reservoir needs to be kept warm, so that the water and all the fish and plants do not die off from the cold. It also requires the monitoring of pH levels like the aeroponics method does, and since this method uses fish, it requires that you know how to take care of the fish for the greatest success.

These are just some ways to address the need for better food-producing systems, as well as the elimination of harmful chemicals within our produce. As an added bonus, these systems use less water than traditional farming techniques, produce greater yields, and are healthier for consumption, all while taking up less space than farming on a field.

Wasteful Practices – GMOs and Food Waste

An image of a food waste mountain at a landfill.
Source: Yahoo Images; So much food is wasted due to uneaten food, or excess yields of crops, and ends up being thrown out into landfills.

Additionally, a wasteful practice that the current agricultural companies invest in is the selling of genetically modified seeds known as “terminator seeds“. These are seeds that are genetically modified to yield crops for only a single generation. This means that the seed cannot reproduce again, and the farmers have to continue to buy new seeds every year. This is an attempt by Big Agricultural companies like Monsanto to increase their profit margins. This greedy practice on the part of Monsanto and other Agricultural companies, replace the natural, sustainable regrowth of crops to ensure that the farmers have to continue to purchase new seeds from the companies instead of using the seeds that are yielded with their crop. This practice is egregious, and addressing this is yet another way to ensure that we promote the natural functions of our environment.

Food waste is another major issue that we face in today’s society. As discussed above, food insecurity is an issue that impacts over 34 million Americans today. Hence, it is unfortunate to find out how much food is wasted in this nation, whether it is unused food, crops left unharvested due to price drops or abundance of crops in the market, or even supply chain issues. Residential consumers in homes and those in restaurants and other stores that sell produce may not be able to sell all the products they have available, especially if the produce does not appear to be picture-perfect. Farmers may not harvest many of their crops if there is an abundance of the crop they have grown in the market that season, wasting the produce that was grown but never made it to the market. As we saw during the pandemic, supply chain issues can cause a lot of food waste as well. Many farmers had to waste their crop yields as they had no way to transport these products to the local grocery stores. Many industries halted during the pandemic, making the products they produced go to waste. Every year, 40% of the food available to Americans ends up being wasted. This is painfully wasteful, especially when we consider how many people across the world, including children, go hungry every day.

Conditions in Meat and Dairy Farms

An image of a farmer in a dairy farm. Cows are packed into cages, with machines hooked up to their udders, milking them.
Source: Yahoo Images; Dairy farms are a cruel way to treat animals, and many of the animals live under unsanitary conditions.

For those who are meat eaters, having a few local farms provide the meat you consume (with regulations of course) can ensure that your meat is not contaminated and that the livestock was treated in ethical ways. Currently, the meat industry produces in bulk, and their practices are cruel and inhumane toward their livestock. Chickens and pigs are forcibly held in cages barely enough for them to stand in, and they live their lives inside these cages stacked on top of each other to save space. This means that they are urinating and defecating on top of each other, which is not only unsanitary and inhumane, but it can also cause the animals to develop diseases and illnesses. Additionally, cows that are not raised on grazing land are usually held in large factory farms, where they are used as dairy cows until they can no longer produce milk, in which case, they are sent to be slaughtered for meat. Certain practices used today, like genetically modifying cows to produce more milk outside of their normal milk-production periods, can lead to an increase in health risks for these animals as well.

These practices are cruel and inhumane, and they are also very bad for the environment. Not only do these farm animals add to the increasing amounts of greenhouse gases present in our atmosphere, but their wastes are also polluting the nearby waterways, making the water unsafe for the locals who live near these factory farms. All this cruelty and unsanitary conditions also carry over when these animals are slaughtered and distributed for mass consumption by companies like Tyson. During the pandemic, there were many reports about the unsafe and unsanitary conditions for the workers inside these meat distribution companies, and stories went viral of contaminated meat with fingernails and other disturbing elements found inside the meat packages. Many of the workers within these meat packaging factories actually lost their lives due to the companies’ negligence regarding their workers’ safety during the pandemic.

Food is a Human Right

The Universal Declaration of Human Rights
Source: Yahoo Images

Food is a necessity for all human beings, regardless of who you are, or where you live. The type of cuisine you prefer may vary from region to region, from culture to culture, and from one environment to the next, but the fact still remains that every human being needs to eat to survive. By definition, food is a human right, and this is indicated in the Universal Declaration of Human Rights (UDHR) under Article 25. Though this article does not specify this detail, it should be the right to healthy and nutritious food, rather than the generalized term food. This minor change in language would ensure that higher regulations are maintained on food and agricultural industries and eliminate harmful chemicals and ingredients within our food sources. There is an unequal distribution of food just like there is an unequal distribution of wealth and wages across the world. These food shortages can be addressed using these various techniques of indoor farming and community gardens, while safer produce can be cultivated by avoiding the use of pesticides and herbicides. Livestock can be treated more humanely instead of being stuffed in factory farms, and there needs to be a shift from a mindset of profit to a mindset of proficiency within these food industries.

This is one blog out of a series of blogs that will focus on how environmental rights are human rights. The next installation of this series will focus on how water is a human right, and how issues surrounding access to clean water can be addressed with a human rights approach.

Want to interact with NGOs? Here are some to consider!

 

the earth being held by hands
(source: yahoo images)

Naturally, many human rights violations and atrocities leave one wondering, “What can I do to ensure these violations do not happen again?” Unfortunately, however, many don’t know how to help to support human rights and a lot of information online is convoluted. This in turn causes charities and other non-governmental organizations (NGOs), which seek to promote humanitarian efforts, to often get overshadowed by bad news.

In this blog, I will share notable charities and initiatives that one could support in an effort to make a difference in the world. 

Human Rights Watch

logo of Human Rights Watch
(source: yahoo images)

Human Rights Watch (HRW) is an organization that investigates and reports on human rights violations and atrocities throughout the world. The advocacy of Human Rights Watch, as said by them, is directed towards “governments, armed groups and businesses, pushing them to change or enforce their laws, policies and practices.” 

Moreover, Human Rights Watch does not accept any sort of funding from the government or corporations, as they seek to remain unbiased and bipartisan. The organization is complied of over 400 lawyers and human rights experts, and they would be a great organization to help out with donations.

Human Rights Watch prides itself on its transparency in its affairs, and it was thus awarded the Guidestar Platinum Seal of Transparency, an award given by an organization that “gathers, organizes, and distributes information about U.S nonprofits in an effort to advance transparency, enable users to make better decisions, and encourage charitable giving.”

Moreover, if that was not enough to show you the commitment of Human Rights Watch, allow us to make note that in 1997, they were awarded the Nobel Peace Prize for helping create the 1997 Mine Ban Treaty — a piece  of legislation that brought about newfound protection to citizens from bombs which previously “killed and maimed indiscriminately.” 

Therefore, with all of the aforementioned facts in mind, donating to Human Rights Watch would be a sure way in bringing about change and ensuring that human rights violations get exposed, lessened, and stopped.

Amnesty International

logo of Amnesty International
(source: yahoo images)

Amnesty International is one of the most influential and famous nongovernmental organizations in the world. Amnesty International, simply put, could be defined by its mission statement: “[we are] a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all.” Amnesty International, like Human Rights Watch, is primarily funded by its supporters – not governments or political institutions.

Moreover, Amnesty International is both unbiased and bipartisan – they simply just seek to ensure all people enjoy human rights. Amnesty International functions by lobbying governments to ensure they keep their promises and passions for human rights; investigate and expose all violations that occur in the world, despite of where or what might have happened; and seek to educate and mobilize all people who wish to learn more about human rights.

Amnesty International was founded more than 50 years ago when the owner, Peter Benenson, saw two Portuguese students jailed for raising a toast to freedom in 1961. Since then, Amnesty International has been one of the most prominent and respected NGOs on the scene, and they have accomplished a lot. 

In just 2022 alone, Amnesty International has helped free individuals who were imprisoned unjustly and ensured that human rights abusers got locked up. Moreover, Amnesty International was a driving force behind the decriminalization of Abortion in Colombia. Needless to say, Amnesty International’s impact, passion, and dedication to human rights is incredibly influential, and donating to their cause would definitely help bring about good changes. 

Human Rights First

Egypt's desert mountains
(source: yahoo images)

Human Rights First (HRF) was established in 1978, with the mission of “[ensuring] that the United States is a global leader on human rights.” Human Rights First is centered in the United States, but it conducts a multitude of work abroad to ensure that “human wrongs are righted.” 

Human Rights First has been involved in a lot of international political affairs which sought to eradicate injustice and, as they put it, human wrongs. For instance, in 1988, Human Rights First initiated its Lawyer-to-Lawyer network, which was an initiative that helped ensure all lawyers that have been imprisoned unjustly internationally are released. As of now, the program has worked with over 8000 lawyers in over 130 countries. 

In addition to helping create the International Criminal Court, Human Rights First also helped establish the Fair Labor Association in 1999. This Association brought together over 60 major companies, such as Nike and Adidas, to help set workplace standards for industries throughout the world. In doing so, Human Rights First helped ensure that those who work for major international companies are not going to face hardships or disparity in their workplace environment. 

Human Rights First, in addition to all that has been mentioned, has been a major actor in the anti-torture movement. In 2009, Human Rights First stood beside President Obama when he signed the executive order banning all torture in the United States. Then, in 2015, Human Rights First sought to make Obama’s order even more powerful and impactful. After the release of the Torture Report, Human Rights First was able to gain public support and then work with Senators McCain and Feinstein to craft what they consider to be the “strongest anti-torture law in U.S. history.”

Needless to say, Human Rights First is an incredibly dedicated, driven, and successful organization, which has had years of successful changes in the world of human rights. You definitely would not go wrong by donating or supporting them. 

Summary

Beautiful nature scenery
(source: yahoo images)

In summary, human rights is a very complicated topic that is often convoluted and hard to understand through the media. Due to this, many do not always know what is the best way to donate and help out, despite wanting to. In this blog, I have listed multiple different organizations that have a proven history of success and change, and I thus hope to have made the process of getting involved in human rights easier. 

If more people are involved in human rights, more change will happen, and more people internationally will have access to these same rights. It is my hope that, one day, human rights will be as accessible to everyone on this planet as oxygen is. This will only happen with support, and that is exactly what I hope to have urged you to do in this blog — support the NGOs which fight for human rights. 

Part Three: The Different Approaches to Disabilities and the Future of Disability Rights

An image of a woman with disability in a sunflower field with a banner that reads, "nothing about us without us!"

This blog is part three of the conversation around disability rights, especially as it applies to children within the American school system. If you have not read the first two blogs in this series, I suggest you do so. The first blog focused on the historical view of disability and the American school system’s approach to children with disabilities. The second part mainly focused on the struggles that children with disabilities face within the school system, and how these struggles have been exacerbated due to the recent pandemic. This final part will focus on some of the approaches that have been taken in the past to address people with disabilities, and how they differ from a human rights approach. We will also examine how we can help on various levels, whether we want to focus on our personal abilities or advocate for a larger movement.

The Rights of Children with Disabilities

What rights are protected?

An image depicting five children holding signs that read, "the right to be heard", "the right to a childhood," "the right to be educated," "the right to be healthy," and "the right to be treated fairly."
Source: Yahoo Images

Much of what we have established in modern society in terms of children’s rights comes from decades of struggles, from implementing child labor laws to fighting for the right to an education. Similarly, the fight to pass the Americans with Disabilities Act (ADA) was one sure way to protect individuals with disabilities from discrimination. These rights and more are protected under the United Nations, both in terms of people with disabilities, (Convention on the Rights of Persons with Disabilities, CRPD), and with children’s rights (Convention on the Rights of the Child, CRC). Yet, these developments have only occurred in recent years; the ADA and the CRC were passed in America and the UN respectively, in 1990, and the CRPD was not adopted internationally until 2006.

The ADA, passed in the United States, protected the rights of people with disabilities from being discriminated against in all aspects of society. This was the first major legislation that protected people with disabilities from being denied employment, discriminated against in places of business, or even denied housing. In addition to these protections, the ADA required industries to be inclusive of those with disabilities through (among other things) taking measures such as building ramps and elevators for easy access to upper-level floors and building housing units with people with disabilities in mind. While America had passed the Individuals with Disabilities Education Act or IDEA (originally passed in 1975, and renamed in 1990) by this time, the initial form of this legislation allowed schools to place certain students with disabilities in special programs for no more than 45 days at a time. It was not until its improved form was passed in 2004 that provided the necessary financial and social infrastructure for its successful implementation.

The passage of the CRC, which applies to all individuals under the age of 18, focuses on non-discrimination, the right to life, survival and development, the State’s responsibility to ensure that the child’s best interests are being pursued, including ensuring that the child has adequate parental guidance. Additionally, it focuses on the child’s right to free expression, free thought, freedom to preserve their identity, protection from being abused or neglected, adequate healthcare and education, and includes certain protections the State is required to offer the children, including protection from trafficking, child labor, and torture. Article 23 of this Convention specifically focuses on the rights of children with disabilities, adding that these children have the right to the care, education, and training they need to lead a life of fulfillment and dignity. It also stresses the responsibility of the State to ensure that children with disabilities can live a life of independence and protect them from being socially isolated. Even though the UN passed this Convention in 2004, America is the only nation that has yet to ratify this treaty. This is why certain realities continue to exist, such as what is happening in Illinois.

Finally, we have the CRPD, which entered into force in 2008, only 15 years ago. Influenced by the ADA, the Convention on the Rights of Persons with Disabilities was passed to ensure that people with disabilities were fully protected under the law, including from discrimination, with the ability to function as fully pontificating citizens of their societies, with equal opportunities and the right to accessibility in order for them to lead a life with the dignity and respect afforded to their able-bodied counterparts. This convention had massive support and draws from both a human rights focus and an international development focus. What makes this convention unique is the implementation and monitoring abilities embedded within the treaty itself, and it includes non-traditional actors from communities (usually those with disabilities) with specific roles in charge of monitoring the implementation of this treaty. Unfortunately, the United States, while Obama signed the treaty and passed it to the Senate for their approval in 2009, has yet to fully ratify the CRPD treaty as well.

Some Approaches to Disability Rights

Upon understanding the various nuances of this conversation, we can now explore the three different approaches to defining disability in society. These approaches examine the issues that people with disabilities face and provide models influenced by differing fields of expertise. Many within society view disability as a medical issue and their solutions to the struggles faced by people with disabilities are medically focused. Similarly, others believe that disability is an issue of how society is structured, and their proposals for solving these issues lie within the realms of reshaping society to be more accessible to people with disabilities. Still, another approach built upon the foundations of human rights, focuses on the individual first, and the disability as an extension of their individuality. We will explore these three approaches and their pros and cons.

Approach 1: Medical Model of Disability

An infographic depicting what the medical model of disability stands for. At the center is an individual with arrows pointing to them to place the full responsibility of being disabled on the individual itself.
Source: Yahoo Images

            As mentioned above, some people view disability as a medical issue, and this approach can be categorized as the medical model of disability. This means that they believe that the “problem” of disability belongs to the individual experiencing it and that disability comes from the direct impairment of the person. The focus of this approach is to look for medical “cures” for disability, which can only be provided by medical “experts” based on the specific diagnosis. While it may be true that individuals with disabilities require medical help from time to time, their entire existence does not revolve around this notion of viewing disability as an illness. The focus here is to “fix” the person with disabilities, so they can become “normal” again. This approach also makes use of the “special needs” rhetoric, which can result in the isolation and marginalization of people with disabilities.  Media plays a big part in portraying people with disabilities as weak or ashamed of their disability, which can invoke fear or pity for people with disabilities within the larger society.

Approach 2: Social Model of Disability

A cartoon image to represent the social model of disability. In the image, there are many circular characters attempting to enter a square entrance, and cannot fit in. The gatekeeper informs them to change in order to fit into the system, and they reply back that the system could be changed instead to accommodate them.
Source: Yahoo Images

            Another approach that has been proposed is what is known as the Social Model of Disability. In this approach, the “problem” of disability is seen as a result of the physical and social barriers within society that exclude people with disabilities from fully participating in their society. Disability is seen as a political and social issue, and the goal of this model is to be more inclusive and recognize the prevalence of disability within our societies. This means looking closely at the ableist social institutions and infrastructures present within society and attempting to address these manmade challenges posed by people with disabilities. This model recognizes the social stigma around disabilities and recognizes people with disabilities as differently abled rather than viewing them as incapable of living an independent lifestyle. This approach places individuals with disabilities on a spectrum rather than the two categories of disabled and able-bodied. The goal of this approach is to be socially inclusive of all individuals, regardless of their disabilities.

Approach 3: The Human Rights Model of Disability

An image depicting various individuals with the saying, "Nothing about us, without us, is for us" around them.
Source: Yahoo Images

Finally, there is the Human Rights Model of Disability, which builds upon the foundations laid out by the Social Model of Disability and the Universal Declaration of Human Rights (UDHR). In this approach, the focus is on viewing the individual with a disability as a human first, recognizing that disability is a natural part of humanity that has existed as long as humans have been around. While it shares a lot of similarities with the social model, the human rights approach emphasizes not only the right of every individual to be treated equally before the law but also stresses that a person’s impairment should not be used as an excuse for denying them rights. This is essentially what the CRPD centers around, and the main goal of this approach is to ensure that people with disabilities have equal opportunities and protect their right to fully participate in society, politically, civilly, socially, culturally, and economically.

How Can We Help?

A cartoon image with EQUAL on the top, and many characters lined up with shirts that have individual letters on them that spell out "RIGHTS" below it. Below them is the phrase, "human beings are born free and equal - Universal Declaration of Human Rights 1947" on the bottom of the image.
Source: Yahoo Images

On the Internation Level

While the United Nations has a convention that focuses on protecting children’s rights, it is highly debated whether these treaties are being enforced around the world. Child labor is still common in various places around the world, including right here in Alabama. While it can be argued that the US has not ratified the treaty and that is why the UN cannot do anything about this issue, there are other places that have ratified the treaty that still places children in dangerous working conditions and face no real repercussions from these decisions from the UN. In 2019, many tech companies were sued for their use of child labor in other countries to mine the precious minerals they require to produce their devices. Many textile companies within the fashion industry use child labor in nations that have ratified the children’s rights treaty. While the United Nations is trying its best to protect and promote the rights of vulnerable communities, it has not been able to enforce these treaties and regulations, and as a result, atrocities against those vulnerable communities, (including children), continue to occur. How can we as human beings, ensure that all children are protected from harm, not just those able-bodied, living in wealthier nations? This is something that needs to be addressed, and it requires the cooperation of many different nations willing to put their differences aside and work together to find a solution.

On the Domestic Level

As we explored in the human rights model of disability rights, it is the responsibility of society to provide equal access to all its citizens. This includes its citizens who have disabilities, and not doing so would discriminate against those who have disabilities and violate the Americans with Disabilities Act. This means that both on a national and local level, our infrastructure needs to be updated with an inclusive mindset that makes the roads safer and more accessible to all the citizens using them. As a state, Alabama could not only fix the infrastructure, but also pass bills to ensure that people with disabilities receive the care they need, including employment opportunities, medical assistance, food assistance, and any financial help they may require. Furthermore, on a national level, the police (or another department focused on social work) can be better trained to recognize the various disabilities, both visible and invisible, so people with disabilities are not wrongfully imprisoned for “behavioral” issues. This training would help erode the school-to-prison pipeline that has replaced disciplinary standards in American schools and make way for a brighter future for children with disabilities. Finally, the United States can, at the bare minimum, ratify the Convention on the Rights of the Child, signed into existence in 1990 by member states of the United Nation. As we mentioned earlier, the United States is the only nation in the world that has yet to ratify this treaty.

On the Individual Level

We can all be more mindful of our actions and our ableist mindsets. Next time you walk down the street, pay attention to the roads and sidewalks. Are there any sidewalks for people with disabilities to use safely? Are there curb cuts, and are those curb cuts freely accessible or are they blocked? How accessible are public buildings such as restaurants, storefronts, or even the DMV? Are there enough parking spots allotted to people with disabilities, and are those spots easily accessible, or blocked off by other vehicles? Thinking outside of an ableist mind frame is the first step toward being more inclusive of people with disabilities. It might seem like a powerless and pointless step to take, but the more you start to notice the ableist structures within society, the more you will want to speak up about these issues the next time you have the opportunity. You will also be more mindful of your own ableist actions and how they may have unintended consequences. If you are a parent, you have the ability to question your school’s practices concerning children with disabilities and offer support to the children and their parents. As an individual, you can also contact your representatives to pass legislation that would empower people with disabilities to live independently. As a society, we need to get past the stigmatization of this group and normalize disability being an innate part of being human.

 

 

A Brief Judicial History of Religious Freedom

US Supreme court building
(source: yahoo images)

The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.  

One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future. 

Lemon v. Kurtzman (1971) | Introduction of the Lemon Test

US constitution
(source: yahoo images)

Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of  the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.

What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:

  • The piece of legislation must have a secular purpose;
  • The piece of legislation must not advance or prohibit the practice of religion;
  • The piece of legislation must not force the government into “excessive entanglement” with religious affairs.

If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test. 

Wallace v. Jaffree (1985) | Application of the Lemon Test

Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.  

This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause. 

Oregon v. Smith (1990) | Introduction of RFRA

street signs saying church and state
(source: yahoo images)

This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3. 

In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.” 

However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional. 

However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”

This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications. 

Burwell v. Hobby Lobby (2014) | Application of RFRA

In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.

Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year. 

Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes. 

The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.

What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means. 

Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test

bill of rights
(source: yahoo images)

The last case we shall discuss is one that has been all over the media recently: Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.

Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.

However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”

What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.

Summary

US Capitol Building
(source: yahoo images)

As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.

However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right. 

Disabilities and the American Education System: From the Past to the Present

A cartoon image depicting students of various backgrounds and disabilities grouped together around the phrase, "We are all wonderfully made"
Source: Yahoo Images

In the last blog, we covered the contextual history of the American Education System, primarily, who was allowed education, who was not, and even the differences in the quality of education that children in America received. We also explored the historical treatment of people with disabilities, both in the larger society, as well as in children with disabilities within the school system. Understanding the past is crucial to analyzing why certain events occur as they do in the future. That is what we set out to do in this continuation of the conversation about disabilities and the American education system. In this second part, we will focus on the realities children with disabilities witness within the education system, including the challenges they face, the school-to-prison pipeline that exists, and how this impacts their development (both mentally and physically). We will then explore how the recent pandemic exacerbated these conditions, and what sort of rights the children possess in this post-pandemic world.

Children with Disabilities in the Education System Today

An image depicting a child sitting with his head in his hands, next to a pile of books, with various phrases listing different learning disabilities.
Source: Yahoo Images

The many challenges faced by students with disabilities in the classroom

Children with disabilities today face many challenges within the classroom even without taking the pandemic into account. These challenges vary from physical barriers to socio-emotional ones. One thing that needs to be recognized is that not all disabilities are alike, and with various disabilities come various challenges. I don’t want to appear to be generalizing the struggles that children with disabilities face in the school system, because each individual’s experiences vary, even between different places. Some states within the United States may be very inclusive, while others may place the responsibility of accessibility on the people with disabilities themselves. Regardless of which state you live in, my goal here is to spread awareness of the various challenges that children with one or multiple disabilities face as they maneuver through their primary academic journey.

With that being said, one of the most common barriers that children with disabilities face is on the social level. Throughout history, children with disabilities have been separated from the rest of the able-bodied society, and this is also true within the school system. Many schools, when they began to accept children with disabilities into the school system, would educate them separately (in the basement or another room) from the other children. Even today, many children with learning and speech disabilities require additional help from trained professionals, which requires these children to spend extra time on their academics, and less time socializing with their peers. This naturally distances them from able-bodied children their age and can lead children with disabilities to become victims of many instances of bullying and harassment. A crucial element to consider is that while many children their age are dealing with the various emotions that come from development, children with disabilities have to deal with additional fears and insecurities surrounding their disabilities, as they learn to accept and adapt to life with disabilities. This can be challenging in and of itself, without having to deal with the social pressures from peers.

Additionally, while schools receive federal funding to meet the required measures for the children with disabilities within their institutions, this funding is limited, covering less than a quarter of the expenses needed to fulfill the required services for each student. The Individuals with Disabilities Education Act (IDEA) we covered in the previous blog allows Congress to allocate up to 40% of the average funding per student, but unfortunately, this has never been exercised by Congress, and funding for special education programs continues to be miserly. Schools receive  15% of the funding they are allocated, but they are still required to fulfill all the mandated regulations simply for receiving federal funding. This means that they have to come up with the remaining 85% of the expenditures on their own, in place of the 55% they would be responsible for covering if Congress secured the full 40%. This can place additional strains on these schools that are already struggling for funds.

Furthermore, children with learning disabilities require trained professionals to provide them with additional support throughout their academic journey. Someone who is hearing impaired may require additional resources to combat the auditory issues they face, or someone who is visually impaired may require additional lessons on how to read in Braille. Others with learning disabilities such as dyslexia (which is a disorder in which someone has difficulty reading and processing language), may need additional patience and support to process the information they are learning. Public schools, by law, are required to provide assistance to children with disabilities and those who have been through traumatic experiences. Licensed professionals that focus on educational needs for children with learning disabilities can be hard to find, and this has only worsened due to the pandemic. As many as 44 states experienced this shortage even before the pandemic, and this number continues to grow due to the issues of limited funding discussed earlier. Without the necessary help that students with learning disabilities require, they continue to fall behind their peers academically.

Many of these challenges can be addressed with more funding allotted to the education system as a whole, and professions within the field of special education can be incentivized by the government (by for example, making the training programs free and accessible to those who are interested) to address the shortage of licensed professionals. The education being taught in the schools can be more inclusive of children with disabilities, with opportunities for the children to share their experiences with their peers and help remove the stigma associated with disabilities by normalizing helpful conversations around disabilities. While these challenges can have a great impact on the learning abilities of children with disabilities, there are some challenges that can have drastic impacts on their futures as a whole.

The school-to-prison pipeline

A cartoon image showing the relationship between schools and the legal system, showcasing the school-to-prison pipeline that has become so prominent in the American School System.
Source: Yahoo Images;

Unfortunately, along with an increase in school shootings within the educational system, another phenomenon that has become all too common is the use of law enforcement to discipline children. More and more stories have been reported regarding children with disabilities and children of color being subjected to drastic disciplinary measures by school systems. When a child “acts out” or showcases any behavior not supported by the schools, the educators have resorted to involving the law instead of following disciplinary protocols within the schools (such as contacting parents, placing students in detention, or for more serious issues, using suspensions). Police are called on these students, and educators watch as young children are punished for their misdeeds by being harassed by the police. In many instances, these incidents have turned deadly, as police officers have used full force on young children, to force them into complying, at times jeopardizing the children’s well-being. Children as young as 7 years of age have been placed in handcuffs and threatened jail time, for childish behavior such as spitting or throwing tantrums. This can be especially dangerous when children with disabilities are involved because they are accused of “misbehaving” when they are simply reacting differently to situations than their able-bodied peers. The police, with little to no training on the different ways to approach people with disabilities, only escalate the already tense situations.

According to a CBS News analysis of data from the Education Department in 2017-2018, children with disabilities are four times more likely to be arrested than their able-bodied counterparts. Another research conducted by Cornell University reports that 55% of Black men with disabilities have been detained before they reach the age of 28. Young African American children with disabilities, therefore, are the most at-risk demographic to face legal repercussions for “behavioral” issues common among most children their age. This phenomenon, known as the school-to-prison pipeline, which disproportionately targets students of color, (and children with disabilities), involves the use of the criminal and justice systems as a tool to discipline children. Unfortunately, these disciplinary attempts remain on the permanent records of the targeted children and can have lifelong implications that determine their future.

An example of this school-to-prison pipeline is clear when looking into some of the instances where law enforcement is used to discipline children. Jacksonville, Illinois is home to a particular school that makes use of its law enforcement officers for behavioral issues. Garrison School, a public school where children with disabilities in that region attend, has been in the news recently for the staggering number of arrests made within a single school year. Although the population of this school is an average of 60-70 children, the police, who are located less than 5 miles from the school, have been called over 100 times for “behavioral” issues, such as throwing tantrums and spraying water. An investigation into this school found that in the school year 2017-2018 alone, more than half of the entire student body was arrested. As the only public school for children with disabilities in that region of Illinois, caregivers are limited in choices of schools for their children. In addition to having disabilities, the children at this particular school have also experienced immense trauma and violence in their past. Arresting these children for their “behaviors” continues to place these children in traumatic situations, further impacting their development.

Impacts on children with disabilities’ development

An infographic depicting the prevalence of mental health issues among the youth. In this infographic, it states that 13% of youth face mood disorders or depression, 32% deal with anxiety disorders, 9% with ADHD, and 3% with eating/feeding disorders.
Source: Yahoo Images

Using the criminal and justice systems to punish or “discipline” children with disabilities can have lasting impressions on the children’s futures. For one, especially children such as those from Garrison School, who deal with personal trauma and violence from their past, experiences with law enforcement can deteriorate their mental health even further. Even those without previous trauma can have lasting impressions on their academic success, meaning that children who have been disciplined with the use of law enforcement are even more isolated from their peers and can experience breaks in their educational journeys. Studies have shown that children who have their needs met are more likely to outperform those students who do not have their needs met. Linking back to the school-to-prison pipeline, those students who have been arrested and imprisoned as young adults are more likely to continue down this path of criminality. Additionally, students with disabilities that have been imprisoned have to face the added struggles of maneuvering the prison system with disabilities, and these struggles are increased with multiple disabilities, especially with invisible disabilities, in which case, many people may not even believe the existence of these disabilities. Studies have shown how incarceration can worsen issues of mental illness within the prison population, and when translated to the impact imprisonment has on people with disabilities, these conditions are exponentially worse.

How it impacts children with disabilities’ professional futures

In addition to the harm this causes to the development of children with disabilities, the practice of using law enforcement to discipline school children has far-reaching consequences. For one, the children who are constantly “othered,” bullied, or harassed by both students and teachers can internalize their experiences and react to them, increasing their chances of being disciplined again for behavioral issues. In addition to that, being imprisoned, even for a few days, can be a traumatic experience that can shape your worldview, and as a result, your future. For young, developing children, these experiences can be impressionable, and coupled with the isolation that many children with disabilities experience, this can be a devastating combination, resulting in the deterioration of the children’s physical and mental well-being. Furthermore, many of these zero-tolerance policies that end in the arrests of children happen due to the faculty members pressing charges against the children. These charges, though they can be sealed for juvenile offenses, can lead to more charges in these children’s future into their adulthood. A criminal history into your adulthood can result in slim educational and employment options. Research conducted more broadly on this subject has been reported by the Prison Policy, and it showcases how increasingly difficult it is to find decent employment upon exiting the prison system. The report adds that even when formerly incarcerated people do find employment, they are often paid fewer wages than their co-workers.

Applying this research to children with disabilities who are disciplined through the legal system, can be an even bigger challenge for their futures. People with disabilities experience many barriers to obtaining employment even without imprisonment on their records. Studies have shown how incarcerating children does not deter them from engaging in criminal behavior in the future; it might actually have the opposite impact. Finally, children who are incarcerated experience large gaps in their education, and this can impact their ability to successfully enter the job market. This issue is exponentially worse among children with disabilities because they are more likely to be imprisoned for “behavioral issues”, and expands the academic gap felt by so many children with learning disabilities who are already facing many social and learning barriers.

How did COVID make things worse for children with disabilities?

An image of a child sitting in front of a computer trying to learn virtually during COVID-19.
Source: Yahoo Images

The pandemic was a time of uncertainty, and many of us were scrambling around not knowing what to do. Even as more and more information came out about the virus itself and how to safeguard it, there was a lot of anxiety and misinformation being spread around. Children with disabilities had to navigate not only their personal lives with their unique experiences but also the larger society that was falling apart around them in the face of a virus. Many businesses and schools shut down in the beginning, which meant that children had to adjust to different learning styles, something that may have been easier for some, but widened the academic gap for others. Children with disabilities as a whole had to be mindful of the threat that the virus posed on their lives. This virus was especially deadly to those with pre-existing conditions and for those who were immunocompromised, both of which apply to many children and adults with disabilities. So, constantly having to live with the anxiety of whether or not they might contract the virus would have been stressful enough without the masking and vaccine debates that have politicized this medical crisis. What is worse, COVID-19 vaccines for children were not available for over a year after the pandemic first began, leaving this population vulnerable to infections with no way to protect themselves against them.

Additionally, along with their children, parents, and caregivers of children with disabilities faced new challenges as everyone attempted to adapt to the “new normal”. While the mandated quarantine helped with transportation issues for some, it opened up a whole new set of issues for many. Children with learning disabilities who received additional help from professionals either had to go without it or transition to seeking their help through zoom. For some, accessing help through Zoom and Telehealth was extremely helpful in addressing the medical needs of people, and this had a positive impact on people with disabilities as a whole. However, accessing Zoom and Telehealth was a challenge on its own for many who lived in rural areas or marginalized areas where internet services were very minimal or nonexistent, or simply unaffordable. The pandemic was a time when many people also lost jobs, so children faced additional financial repercussions from the pandemic. These instances further widened the academic gap among children with disabilities.

This blog mainly focused on the struggles that children face within the American school system. Part three of this series will focus on some of the approaches that have been taken historically when addressing disabilities, and some ways in which we can take action, on a personal level, on a local or national level, and even on an international level.

 

 

A Succinct Discussion on Global Poverty

 

small houses
(source: yahoo images)

Everyone has heard of global poverty and its horrendous consequences; however, for some people, that is where their knowledge ends. In this blog, I am going to undertake the task of succinctly compiling facts and statistics about this incredibly broad topic. My hope is that, after reading this blog, you are more inclined to speak out on global poverty and educate others on the topic. 

A Rudimentary Understanding

a desert overview
(source: yahoo images)

Global poverty is an umbrella term for poverty that exists throughout the entire world. That was the easy part: defining global poverty. However, defining poverty is a tad bit more tricky. We can surely say that poverty is a status: the status given to those whose annual income falls under a bar; however, poverty is more than just low annual income. 

The United Nations, in particular, has defined poverty as, “a denial of choices and opportunities, a violation of human dignity. It means a lack of basic capacity to participate effectively in society. It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which to grow one’s food or a job to earn one’s living, not having access to credit. It means insecurity, powerlessness, and exclusion of individuals, households, and communities. It means susceptibility to violence, and it often implies living in marginal or fragile environments, without access to clean water or sanitation.”

In addition, when discussing poverty, there is a distinction between relative deprivation and absolute deprivation. Relative deprivation is a function of inequality and can be defined as “the lack of resources (e.g. money, rights, social equality) necessary to maintain the quality of life considered typical within a given socioeconomic group.”

Absolute deprivation, on the other hand, is when one’s income falls below a level where they are unable to maintain food and shelter. Studies have shown that relative deprivation, or the inability to live up to the basic standards of living set forth within a particular community of reference, can be just as harmful to health outcomes as absolute deprivation. For example, research suggests that diabetes – a disease associated with modernization – is not a function of poverty, as the poorest countries show the lowest incidence among the global population. It is in nations that exhibit increasing political-economic and social inequality, including the United States, that diabetes has emerged as a leading cause of death and a serious public health threat.

Therefore, it should go without saying that our goal should be to diminish all forms of deprivation globally.

Statistics and Facts

a desert view of a tree
(source: yahoo images)

Personally, what I find most disturbing about global poverty is its breadth. Grounding this point is the fact that, according to the World Bank and WorldVision, “About 9.2% of the world, or 689 million people, live in extreme poverty on less than $1.90 a day.”

Practically one in ten people within the world are living in poverty.

To better understand the magnitude of this issue, imagine the following scenario: you live in this fantasy world where, in an effort to promote international toleration and cooperation, 30 children from all around the world get arbitrarily placed together into a classroom. Out of those 30 children, three of them would be living on less than $2 a day. If you are reading this blog, then you naturally have access to some sort of electric device. Those three children, in a year, will not have accumulated enough money to purchase your device. 

A logical question that might follow from the preceding scenario is that it is wrong of me to solely include children in made-up scenarios because adults, after all, also live in poverty.  While that is undeniably true, they by no means make up the majority. Over two-thirds of those living in poverty are children. Of those children, women represent the majority. 

Let us quickly look at local poverty—specifically, poverty within the United States. In the United States, as of 2019, around 10.5% of people live in poverty. The poverty line in the United States is around $13,000, and thus, each person living in poverty makes around $35 a day. Let us make note that these statistics are from 2019, meaning they are pre-pandemic. In 2020, the percentage of people living in poverty went up by one point to 11.4%. Ostensibly, that raise seems miniscule; however, it accounts for 3 million new  Americans who entered poverty, also now making less than $35 a day. 

All poverty is bad: that is undisputed. However, one who lives in America might confuse American poverty with global poverty as it might be what they encounter daily.  This presents a problem because this cannot be done as they are by no means the same. Those in poverty in America statistically make ten times more a day than those living in poverty abroad. That is a big difference; we can not equate the two.

Education

a view of UNESCO
(source: yahoo images)

Education is a human right; that is undeniable. Every human who walks this Earth has the right to get an education and develop individually. However, living in poverty makes education incredibly difficult. 

One study has found that, of those who live in poverty and are over the age of 15, 70% have only a basic education with no formal schooling. That means that if you are born into poverty and have no way of elevating out of this status, then, statistically, you are unlikely to get an education. This is an immense issue due to the fact that, according to UNESCO, education is the key to climbing out of poverty. In fact, UNESCO stated that, “if all students in low-income countries had just basic reading skills (nothing else), an estimated 171 million people could escape extreme poverty. If all adults completed secondary education, we could cut the global poverty rate by more than half.”

The dilemma is that the path out of poverty is through education; however, living in poverty makes education harder to achieve. 

However, in the past years, steps have been made in the correct direction, and education rates have indeed increased. A rise in education is beneficial to not just those living in poverty, but the nations they live in as well. In fact, a study published by Stanford University and Munich’s Ludwig Maximilian University shows that, between 1975 and 2000, 75% of the increase in a nation’s gross domestic product (GDP) can be attributed to the increase of math and science skills amongst the population. 

Therefore, education not only improves the lives of those in poverty, but also the well-being and economy of the nation and its people. It is for those reasons, amongst many more, that education is, and should forever remain, a human right.

Impacts

a picture of trees
(source: yahoo images)

In addition to the lack of education, those living in poverty face a multitude of other negatives. For one, a study found that adults living in poverty are at a “higher risk of adverse health effects from obesity, smoking, substance use, and chronic stress. [IN ADDITION], older adults with lower incomes experience higher rates of disability and mortality.”

In addition, this same study found that those living in the top 1% generally have a life expectancy 10 years greater than those living in poverty. Moreover, one study found that, for children and adolescents, poverty can also cause differences in structural and functional brain development, which impacts “cognitive processes that are critical for learning, communication, and academic achievement, including social emotional processing, memory, language, and executive functioning.”

Therefore, with the aforementioned facts in mind, it is easily concluded that poverty is an immense issue, and political leaders should be doing more to help relieve the issue. 

So, naturally, one might ask: why is nothing being done? One response to this question comes from the World Systems Theory. This theory is complex, so I will try my best to briefly discuss it. The theory states that all nations are divided into three systems: the core, the periphery, and the semi-periphery. Essentially, the theory states that the core nations, which are the most politically and economically powerful, use the periphery and semi-periphery nations, which are filled with developing nations, for cheap labor and resources. The core rewards the periphery for their resources and labor, but not enough that the nations develop at such a pace that they become equal to the core nations. This in turn causes a dilemma in which the periphery depend more on the core than vice versa. Some might argue that this in turn perpetuates global poverty as the core nations are doing the least to help developing nations. In other words, the rich get richer and the poor get poorer, thus exacerbating both absolute and relative forms of deprivation and sustaining the cycle of poverty.

Moving Forward

a view of the road
(source: yahoo images)

As mentioned previously, global poverty has indeed been decreasing. According to WorldVision, “Since 1990, more than 1.2 billion people have risen out of extreme poverty. Now, 9.2% of the world survives on less than $1.90 a day, compared to nearly 36% in 1990.” 

We are still heading down this path of poverty reduction, and it is vital that we continue to do so. Perhaps, one day, we will live in a world free of poverty—a world in which every single person is educated, well-nourished, and does not have to fear starvation. It is my hope that after you finish reading this blog, you will share any knowledge and statistics you may have learned with others. The first step in resolving  an issue–and continuing to resolve it—is acknowledgement. If more people are aware of how detrimental poverty is, more people will in turn be inclined to help fix it. We need more support and commitment to a world in which poverty is mere history. 

Attack on Gender-Affirming Healthcare in Texas

After decades of systemic and societal discrimination, an array of hope burst through the clouds of despair for transgender individuals. Recently, greater acceptance of transgender individuals in modern culture has opened doors to accessible and evidence-based transgender healthcare. Budding healthcare infrastructure has helped transgender individuals transition and care for their changing bodies providing relief for the marginalized community. Healthcare professionals and teams of scientists worked for decades through societal judgement and the subsequent roadblocks to ensure that the transgender community had an improved chance at a healthy life as non-transgender individuals. However, increasing vitriol exacerbated by politicians has tightened restrictions for gender affirming healthcare across the United States. 

Cube beads spelling the word “transgender”; Source: Unsplash

Introduction

In February 2022, Texas Governor Greg Abbott and Attorney General Ken Paxton released a directive stating that gender transition therapies including hormone therapies, puberty blockers, or surgery given to minors can be investigated as child abuse and given criminal penalties. Officials, teachers, parents, nurses, and anyone involved in direct contact with children were required to report suspicions of such therapies, framing the act more as concern for children’s safety and innocence. Anyone found supporting or prescribing such treatment, including parents or healthcare providers, would be subject to child abuse investigations by the Texas Department of Family and Protective Services. The agency was instructed to prioritize cases in which parents who provide their transgender children with gender-affirming care above all other child abuse cases. Strangely, the caseworkers were told to investigate regardless of whether the standard of sufficient evidence was met and to not record their investigation in writing. 

Days after the directive was announced, the Texas Department of Protective and Family Services launched an investigation into a federal employee, a mother of a transgender daughter, after she inquired when the directive would be made effective. A federal judge blocked the investigation only 2 days later. In the immediate weeks following the directive‘s release, at least nine families were already facing child abuse investigations for supporting their transgender children in obtaining gender-affirming care. This past spring, the clouds in an otherwise tranquil sky began to blot out blossoming hope as intimidated healthcare providers canceled hormone prescriptions and the few existing transgender youth treatment facilities closed. Families clamored to find alternative sources of hormones and puberty blockers for their children. Some became afraid to claim the transgender label, many moved out of the state, and hundreds more were at home, fighting for their right to exist as their gender identity and as themselves.  

Image of protest with posters listing "Transgender Healthcare"
Image of protest with posters listing “Transgender Healthcare”

Medical Evidence 

In a statement to the Texas Tribune, U.S. Surgeon General stated that this directive interferes with the physician-patient relationship which has no place for religion, beliefs, or politics. Abbott’s directive and Paxton’s following opinion sparked intense backlash from the medical community for blatantly ignoring decades worth of research supporting early transitional care.  

When children first learn that they are transgender, they face a physical and mental health disorder known as gender dysphoria. Gender dysphoria is a condition where individuals experience severe dissonance between the gender they identify as and the physical manifestations of their biological gender. Depression, anxiety, and suicidal thoughts often follow this sense of “not self” that plagues many adolescents as they begin to come out to the world with their new name and pronouns. To significantly improve the outcomes of transgender individuals, all major medical organizations including the American Academy of Pediatrics, American College of Physicians, and American Psychiatric Association support gender transition as an effective therapy. Transitioning includes gender-affirming hormonal therapy and puberty blockers. Hormonal therapy begins and allows for a smoother transition into the opposite gender while puberty blockers suppress the body’s natural maturation process to increase the amount of time children and their bodies have to transition into a new gender. In the meantime, individuals receive mental health support and preparation for a successful transition and in unfortunate cases, wait for legislation to increase access to gender affirming treatments.  

Overhead view of medications and hormone therapy. Source: Unsplash

The most prevalent medical reason for opposing gender transition is the possibility that a transgender individual will have regrets, because what is done cannot be undone easily. Although it is a valid concern, puberty blockers exist for children and individuals who are uncertain about their gender, because they provide ample time for the individual to choose not to change genders, if that is later realized. In addition, regrets are “extremely rare” and can be attributed to adverse social climates more than personal attitude. Proper mental health support and preparation are also important for a successful gender transition to recognize behavioral changes and tackle the paradoxical shared sentiment that transgender people are no longer welcome in conservative society.  

Alabama and Florida Response

Governor Abbott’s attempt to restore conservative values in Texas is not a new phenomenon. Texas has seen several bills criminalizing medical care for transgender children which is reflective of a broader trend across the United States. In the past year alone, 21 states drafted bills to deny transgender medical care. Arkansas passed a bill making it illegal to prescribe puberty blockers and for insurance companies to cover transgender care. Other conservative states, such as Alabama, have taken Abbott’s directive as a green light and are preparing legislation to discourage transgender healthcare and marginalize the LGBTQ+ within their borders. Taking a slightly different approach, Governor DeSantis of Florida introduced what is commonly referred to as the “Don’t Say Gay” Bill (House Bill 1557). Also known as the Florida Parental Rights in Education Act, the bill was signed into law and passed by the Florida Senate in March 2022. This bill would effectively prevent gender identity and sexual orientation education in classroom discussion in Florida. Experts worry that the vague descriptions in the law indicate that it be used it to suppress all actions that remotely fall under the literal definition of sex and gender, leading to a dangerous slippery slope that may open a dark path of minority discrimination. 

Black and white image of a protest with the phrase "No Body Is Illegal" centered.
Black and white image of a protest with the phrase “No Body Is Illegal” centered.

On April 8th 2022, Alabama Governor Kay Ivey signed into law two bills preventing medical professionals from providing gender-affirming care and forcing individuals to use the restroom of their biological gender. In an unprecedented move, the Vulnerable Child Compassion and Protection Act makes arranging gender-affirming treatment including puberty blockers, cross-sex hormones, and surgery for children under 19 a felony with a possible sentence of up to 10 years in prison if convicted. The second bill is culturally similar to Florida’s “Don’t Say Gay” Bill. This bill prohibits teaching or using words related to “sex” and “gender.” 

Current Status

A lawsuit filed by families of transgender children weeks after Abbot’s directive was announced resulted in an injunction from federal courts. Abbott vs Doe reached the Supreme Court in May 2022 during which the court ruled that Abbott had no authority to control child welfare officers and direct them to investigate providing transgender healthcare. The country released a sigh of relief, but the fight is not over. Stopping Abbot’s directive seems more akin to a pause on the right’s crusade against the transgender community than a stop.

Recent reports from The Washington Post also suggest that Attorney General Paxton attempted to collect gender marker changes and other transgender identifying information on driver’s licenses from the Texas Department of Public Safety in early 2022. Human Rights Campaign reports that Paxton’s office requested the names and license plates of these individuals later in the inquiry, as well. This news comes as a new shackle for transgender Texans. Some have changed back their gender identity on their licenses to the way it was prior. If not, police or other government officials would know of their transgender identity with the search of their name during traffic stops or unrelated incidents which could lead to dangerous discrimination.  

To support the fight for transgender safety in Texas, support politicians and lawmakers who oppose legislation limiting transgender healthcare. Advocate for the reopening of the University of Texas’s youth transgender clinic, the only one of its kind in the southwestern United States, that closed last November. People in Texas and across borders can also donate Lambda Legal and the American Civil Liberties Union (ACLU) which are organizations working to keep the injunction in place on Governor Abbott’s directive after AG Paxton filed an appeal against the federal court decision. They, in conjunction with the Transgender Education Network of Texas and Equality Texas have also assembled the LGBTQIA+ Student Rights Toolkit which is a set of explanations and guidelines to understand Texas’s current plight as well as additional resources such as TX Trans Kids.  

Reclaimed Lives: The Power of Storytelling

BY: Alesa R. Liles, PhD, MSW

A line of prisoners in orange jumpsuits with hands behind backs
Source: Yahoo Images

Autonomy within our lives is often something many take for granted. We can make choices for ourselves whether it is a need or want or even a subconscious choice we don’t even think about. This right to choose is a fundamental aspect of humanity.

For almost 2 million people incarcerated in the United States, the ability to even make the simplest choices, like when to eat, to shower, to sleep, etc. are extremely limited. Given the penological goals of incarceration, some restriction of freedom is assumed. However, the system of mass incarceration in the United States, not only dictates a person’s everyday life, it systematically dehumanizes and deprives individuals of their inherent dignity. The primary way it does so is through the degradation of one’s identity and human rights. Individuals with little sense of self and little power, who are in the midst of experiencing the trauma of prison life, are easier to control.

As a result of mass incarceration beginning in the 1980s, prisons in the United States have become over-crowded, less safe, poorly managed, and provide few programming opportunities. With the lack of meaningful activities and limited connections to the outside world, individuals are returned to society, inevitably, carrying the trauma of prison home. There are few resources available, such as counselors or therapists, to meet the specific needs of this population in the free-world as well. Because the need for healing remains, the power of storytelling is invaluable in regaining personal dignity and autonomy. The act of storytelling provides an individual an outlet to express their experiences in a safe environment. The individual has autonomy over their personal narrative, ultimately allowing for understanding and healing. Research supports storytelling as one of the most powerful ways for trauma recovery.

To assist citizens returning home from incarceration, creating a platform to tell their story is one way that allows them to regain the dignity and autonomy that was taken. So, in the spring of 2022, my students and I set out to address this issue. We focused on developing a podcast for returning citizens to tell their stories. We wanted to speak with justice impacted individuals about their experiences, particularly their experiences returning to society after significant periods of incarceration. Through the creation of the podcast, we hoped our guests would be empowered to disclose their challenges and successes, and even significant traumas.

Photo of man standing at an open gate facing the city
Source: Voices of the Returned, Life After Incarceration; Georgia College Department of Government and Sociology

As we started the process, we gathered a large amount of research materials to learn more about what incarcerated and formerly incarcerated individuals endure. The statistics were grave. According to a study by the Urban Institute, returning citizens have difficulty finding stable employment, obtaining food, maintaining sobriety, and are often returned to the same neighborhoods with significant socioeconomic disadvantage. Poverty has been identified as the strongest predictor of recidivism. These are the things the data told us, but context is lost in the numbers. People are lost in the numbers.

Identified by a six-digit number for more than 40 years of his life, the first person we spoke to was incarcerated at the age of 18 and released at the age of 62. Charlie spoke about his experiences in prison over 4 decades, what it was like to have children and to lose family while incarcerated, and then being released into a completely different world that have moved on without him. After speaking with us, he stated “prison is a terrible experience that robs a person of self-respect, dignity, and any ray of hope. [This] helped me feel society would accept me.” In providing a platform to speak about their experiences and to tell their stories, returning citizens can reclaim their fundamental rights to dignity and autonomy. By the end of spring, we were able to produce 5 episodes featuring 4 justice impacted individuals.

To the common person, this may sound insignificant, but to individuals who have been stripped of everything down to their name, having an opportunity regain their voice and to see others will listen, is a step forward in the healing process. As stated by Craig Haney with the Urban Institute, “At the very least, prison is painful, and incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.” With more than 95% of incarcerated individuals eventually facing release, healing is surely needed.

Alesa R. Liles is an Associated Professor of Criminal Justice at Georgia College and the Managing Editor of Undergraduate Research. Email: alesa.liles@gcsu.edu