women’s rights – Page 2 – UAB Institute for Human Rights Blog

Rights of Women vs. Rights of the Unborn?

Disclaimer: The views, thoughts, and opinions expressed in this blog post are the author’s only and do not necessarily reflect the official position of UAB or the Institute for Human Rights.

Woman holding her pregnant belly in B/W. — Source: Creative Commons.

On June 24, 2022, the U.S. Supreme Court overturned Roe v. Wade, the landmark case that allowed women access to abortion. The majority opinion, supported by the Court’s 6 conservative justices, reads (p. 79 of the Opinion of the Court):

“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”

We talked about the history of legal access to abortion, Roe v. Wade, and the consequences of overturning the case in a blog post published a couple of weeks ago.

Obviously, what’s happening is directly related to human rights. Interestingly, both the “pro-life” movement, arguing in favor of restricting abortion access, and the “pro-choice” position, contending it’s a woman’s right to choose what’s happening to her body, use human rights language to justify their positions.

The question about abortion is, fundamentally, a question about the “right to life.” But whose right to life are we talking about? If you listen to anti-abortion activists, it’s about the life and rights of the unborn. If you follow the women’s rights argument, it’s about the life and rights of women and girls. What rights do women have according to human rights and what rights belong to unborn children, fetuses, embryos, and fertilized eggs? For the sake of this article, I will use “the unborn” to refer to the different statuses of gestation, recognizing that different gestation stages might have different legal implications regarding the termination of pregnancy. I also use the terms “women” or “woman” to refer to pregnant people, acknowledging that not all people who become pregnant identify as women. I chose to do so in line with language used in court decisions (domestic and international), legal and policy documents, and literature, which mostly use the term “women” when discussing abortion and reproductive rights. I also aim to disconnect my argument from the moral opinions of abortion and focus solely on what human rights law and policy have to say on the issue.

Let’s take a closer look.

Women’s rights and abortion

According to the UN, women’s rights include the rights to “equality, to dignity, autonomy, information and bodily integrity and respect for private life and the highest attainable standard of health, including sexual and reproductive health, without discrimination; as well as the right to freedom from torture and cruel, inhuman and degrading treatment.” This means that a girl or woman has the right to make her own decisions over her body, including in matters relating to her reproductive health, which lies at the very core of a woman’s right to equality, privacy, and physical and psychological integrity. Women’s rights have been well established internationally through a variety of documents and treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women, the Sustainable Development Goals, and some of the basic human rights documents acknowledging the equality of men and women (e.g., Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a state party). Domestically, women’s rights are enshrined, among others, in the 19^th Amendment to the Constitution giving women the right to vote, Title IX protections, and in court cases such as Roe v. Wade.

According to the WHO, unsafe abortion is the third leading cause of maternal mortality and morbidity. Unsafe abortion is defined as a procedure for terminating an unwanted pregnancy either by persons lacking the necessary skills or in an environment lacking minimal medical standards or both. Every year, about 25 million or 45% of all abortions worldwide are performed in a hazardous environment and lead to close to 50,000 deaths and temporary or permanent disability of 5 million additional women. There is a high discrepancy in unsafe abortion rates depending on the legal environment guiding termination of pregnancy: in countries where abortion is completely banned or only allowed to save a woman’s life, over 75% of abortions were unsafe as opposed to 10% of unsafe abortions in countries where abortion is legal.

Many studies in the U.S. and around the world have shown that legal restrictions on abortions do not result in fewer abortions or increases in birth rates. Equally, countries legalizing abortions do not experience higher abortion numbers or increased abortion rates. What does happen when abortion is criminalized is an increase in unsafe abortions, which leads to higher maternal mortality and affects everyday life for women. Unmarried and economically disadvantaged women are especially affected by abortion bans, thereby further marginalizing them and putting them at risk of injury and death. In places where abortion is legal and can be performed on a woman’s request, and where safe services are available, unsafe abortion and abortion-related mortality are reduced

The figure below shows the impact of abortion bans on unsafe abortions:

Graphic showing deaths attributable to unsafe abortions — Deaths attributable to unsafe abortion per 100 000 live births, by legal grounds for abortion. From https://apps.who.int/iris/bitstream/handle/10665/70914/9789241548434_eng.pdf

The recent Supreme Court decision will have severe consequences on a woman’s right to life, physical and mental integrity, health, privacy, and inhuman and degrading treatment in states like Alabama that restrict access to abortion or outlaw it in any case. As the three dissenting Justices point out (p. 2 of the Dissent):

“[The Court] says that from the very moment of fertilization, a woman has no rights to speak of.”

Based on above evidence it is likely that the rate of unsafe abortions and deaths of women in the U.S. will increase.

Rights of the unborn

With the unborn, the question is not so much about life, but about personhood. There is no agreed definition of when personhood begins. Across history and different cultures and religions, it has been argued that fetuses acquire personhood at conception, at various stages of pregnancy, at birth, or even after birth following the completion of traditional rituals. Philosophers, scientists, religious leaders, and legal scholars tend to disagree widely on this subject, as does the general public. Particularly influential was Pope Pius IX’s declaration in 1869 that ensoulment occurs at conception as opposed to at “quickening”(when the mother detects the child moving for the first time), which was the Catholic teaching before that point. This laid the groundwork for restrictive legislation on abortion and contraception that still exists in some countries today.

The question of when personhood begins also found its way into major human rights documents. The 1948 Universal Declaration of Human Rights, the most widely recognized human rights document, states in Article 1:

“[a]ll human beings are born free and equal in dignity and rights.” (emphasis by author)

making it seemingly clear that human rights, including the right to life, begin at birth. The International Covenant on Civil and Political Rights (ICCPR), the legally binding human rights treaty based on the UDHR, however, states in Article 6 that

“[e]very human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

Similar wording is used in the European Convention on Human Rights (“[e]very person has the right to life” (Article 2)) and in the African Charter for Human and Peoples’ Rights (“every human being shall be entitled to respect for his life” (Article 4). The word “born” is no longer mentioned in these cases.

Somewhat ambiguous is the Convention on the Rights of the Child: It states in its Preamble that “the child… needs… appropriate legal protection before as well as after birth.” However, this is later qualified by Article 24 (health), Article 6 (life), and Article 3 (best interest of the child), which puts the rights of a pregnant girl over that of its fetus. For explanation, preambles can only be used for contextual interpretation of a treaty and do not develop legal effect like articles do.

The only general international human rights instrument that explicitly extends the right to life to the unborn is the American Convention on Human Rights. It states in Article 4: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.”

This first look makes it, therefore, seem unclear what international human rights law actually has to say about the right of the unborn. Discussions over the wording of Article 6 (right to life) of the ICCPR in 1957 shed some light on the most common arguments both in favor and against a right to life for the unborn: to protect human life at maximum capacity, the right to life starts at conception, which is what Belgium, Brazil, El Salvador, Mexico, and Morocco argued for during the negotiation of the article. The majority of states, however, rejected this interpretation on the grounds that it would be scientifically impossible to determine the exact moment of most conceptions. In addition, some states argued that such an interpretation of the right to life at conception would impede on fundamental women’s rights, especially a woman’s right to life, health, and physical and psychological integrity. Most developed countries liberalized abortion laws between 1950 and 1985, citing women’s rights, equality, health, and safety, thereby embracing the idea that personhood is not established until birth.

Girl with pink hat — Source: Ciprian Silviu Ionescu, Creative Commons

How do we solve this apparent tension between women’s rights and rights of the unborn?

To answer this question, we need to dig a little bit deeper and look at the interpretations of the right to life by international lawyers, case law, and reports issued by international human rights bodies. A clearer picture emerges when doing so: the right to life of born persons and fundamental principles of equality and non-discrimination requires that rights of pregnant women supersede interests of protecting the life in formation.

The precedence of the rights of women over the rights of the unborn was reaffirmed most recently and very prominently by the Human Rights Committee, a body of independent experts monitoring the implementation of the ICCPR, the most globally recognized and authoritative human rights treaty on the issue (the U.S. is a state party). After intense debate on the issue of the right to life of the unborn, women’s rights, and abortion, the Committee agreed that:

Although States parties may adopt measures designed to regulate voluntary terminations of pregnancy, such measures must not result in violation of the right to life of a pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject them to physical or mental pain or suffering which violates article 7, discriminate against them or arbitrarily interfere with their privacy. States parties must provide safe, legal and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable. In addition, States parties may not regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty to ensure that women and girls do not have to undertake unsafe abortions, and they should revise their abortion laws accordingly. For example, they should not take measures such as criminalizing pregnancies by unmarried women or apply criminal sanctions against women and girls undergoing abortion or against medical service providers assisting them in doing so, since taking such measures compel women and girls to resort to unsafe abortion. States parties should not introduce new barriers and should remove existing barriers that deny effective access by women and girls to safe and legal abortion, including barriers caused as a result of the exercise of conscientious objection by individual medical providers. States parties should also effectively protect the lives of women and girls against the mental and physical health risks associated with unsafe abortions. In particular, they should ensure access for women and men, and, especially, girls and boys, to quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods, and prevent the stigmatization of women and girls seeking abortion. States parties should ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls, in all circumstances, and on a confidential basis. (footnotes omitted)

To make it a little easier on you, let me summarize: overall, this is a strong affirmation of abortion as essential in ensuring the life of women and girls because of the above-mentioned impact on maternal mortality and morbidity. Unambiguously, the Human Rights Committee confirmed that:

Safe, legal, and effective access to abortion is a human right protected under the ICCPR.
Preventable deaths of women and girls constitute a violation of the right to life.
Restriction on access to abortion can amount to torture, cruel and inhuman treatment, discrimination, and violation of women’s privacy.
The right to life under the ICCPR begins at birth.

In addition, the Committee imposed strong obligations on states to protect women’s and girls’ right to life, including:

To ensure effective access to safe, legal abortion in cases in which the life or health (mental or physical) of the woman or girl is in danger, the pregnancy is a result of rape or incest, or the pregnancy is not viable.
To remove barriers that deny effective access to safe abortions and to protect the lives of women and girls against the physical and mental threats of unsafe abortion.
To discontinue the criminalization of pregnancies by unmarried women or of women undergoing an abortion or medical service providers assisting them in doing so.
To offer access to sexual and reproductive health education, contraception, and healthcare for women during pregnancy and post-abortion.
To revise their abortion laws to take above points into account.

This is affirmed by various other human rights mechanisms, such as the Committee on the Elimination of All Forms of Discrimination Against Women, which stated that “[u]nder international law, analyses of major international human rights treaties on the right to life confirm that it does not extend to foetuses.” In addition, different UN Committees and experts have argued that criminalization and lack of access to abortion is a violation of the right to life, a form of gender-based violence, a form of torture or cruel, inhuman or degrading treatment, a violation of the right to privacy, a breach of the principle of non-discrimination, and even a form of femicide. Consensus also exists on the need to legalize termination of pregnancy for children under the age of 18. All in all, these reports, decisions, and statements, among others[1],reaffirm the calls for decriminalization of abortion and legalization of abortion in cases in which the life or physical/mental health of the pregnant woman is threatened or in cases of rape, incest, or fatal or severe fetal impairment. Similarly, regional human rights courts have been reluctant to assign personhood to the unborn and even the Inter-American Court for Human Rights decided the protection of the right to life for the unborn should not be considered absolute.

So where does this leave us?

It seems that in the current political discourse, we assume a symmetrical balance between the right to life of two entities: the woman and the unborn. From the above considerations, it is pretty clear that in human rights law, this is not the case. In fact, the protection of the unborn in international human rights law is very thin, to say the least. By contrast, the right to life, health, physical and mental integrity, non-discrimination, and equality of women is well-established and comparatively clear cut. Interventions on behalf of future persons may not violate the rights of the born person, namely the pregnant woman in whose womb the gestation occurs. The rights of a born person trump the rights of the unborn person.

[1]See, among others, additional Human Rights Committee decisions (e.g., Whelan v. Ireland, Mellet v. Ireland, and VDA v. Argentina), CEDAW decisions (e.g,L.C. v. Peruand K.L. v. Peru), CEDAW General Comment 35 (gender-based violence), General Comment 22 (calling on states to decriminalize abortion and guarantee women equal rights, non-discrimination, and autonomy), reports by the Committee on Torture linking deaths of girls and women from unsafe abortion to right to life, or the 2016 and 2017 reports by the Special Rapporteur Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Consequences of Overturning Roe v. Wade

I wanted to immediately straighten out my perspective in this argument. — Figure 1: Source: Yahoo Images; An abstract image of a group of individuals holding a sign that reads “Our Body = Our Choice.”

This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.

The History of the Abortion Rights Movement and Context Behind Roe V. Wade

I wanted to include an image of what was considered proper family values, with a working dad, and a house wife tending to her children. — Figure 2: Source: Yahoo Images; An image depicting a typical nuclear family structure that promoted “family values” of the Religious Right. A hard-working dad waves to his wife alongside his growing son as the housewife waves back dutifully.

Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.

Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.

**What Overturning Roe v. Wade Would Mean**

I wanted to showcase some examples of contraception methods that might also be impacted by the overturning of privacy rights. — Figure 3: Source: Yahoo Images; An image depicting condoms and birth control pills, two contraception methods under attack as a consequence of overturning Roe v. Wade.

The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.

As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.

Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.

Figure 4: Source: Yahoo Images; A woman depicted behind bars. Overturning Roe v. Wade would criminalize abortion in certain states, and some states even have laws that would press felony charges on medical professionals who provide aid in the abortion process. These consequences disproportionately impact women of color.

The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.

The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans

I wanted to include this image to showcase how passionate people on the anti-abortion side really are about this issue. — Figure 5: Source: Yahoo Images; An image depicting women from an anti-abortion rally, holding signs that read, “Repent. Abortion is a sin against God,” with chalked outlines of fetuses occupied by women protestors.

The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy. This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.

Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.

Other rights that may be threatened by the overturning of Roe v. Wade

Figure 6: Source: Yahoo Images; Other rights under attack from the overturning of Roe v. Wade include LGBTQ+ rights like same-sex rights, and the right to contraception, and even challenge the livelihood of sex workers.

Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.

One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.

While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.

Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.

So, Where Do We Go From Here?

I wanted to include this because so many times, people always like to remind a woman what her "place" in society is. This is the perfect message for those people. — Figure 7: Source: Yahoo Images; A protestor holds a sign that reads,” A Woman’s Place is in the Resistance.”

Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.

On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.

Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.

International Women’s Day Speaker: Dr. Marisa Richmond – An Event Recap

On Tuesday, March 7, in celebration of International Women’s Day, the Institute for Human Rights at UAB in partnership with the Department of Political Science and Public Administration and Women’s and Gendered Studies welcomed Dr. Marisa Richmond. Dr. Richmond facilitated a discussion on the Women’s Rights Movement.

Dr. Richmond, a trans woman of color and adjunct professor at Middle Tennessee State University, began her lecture by providing a brief synopsis of how International Women’s Day originated within the Communist and Socialist Movements. Dr. Richmond drew inspiration from Abigail Adams as she recounted the words of the former First Lady when she urged her husband, John Adams to “remember the ladies” in a letter she wrote to him on March 31, 1776. Abigail Adams letter was a reminder for her husband as he prepared for the Continental Congress. Dr. Richmond echoed Abigail Adams sentiments throughout her lecture as she continually reminded the audience to “remember the ladies” and participate in all efforts that encourage inclusiveness and diversity.

Dr. Richmond then spoke about divisions within the women’s rights movement and the failure to include women of color and trans women. The 14^th Amendment to the United States Constitution officially granted the right to vote to African American men, but this caused a large rift within the Women’s Rights Movement. Leaders of the feminist movement such as Susan B. Anthony and Elizabeth Cady Stanton were emphatic in their belief that African American men did not deserve the right to vote before white women. This division within the original women’s suffrage movement lead to the creation of differing women’s rights organizations and even led to strife within those organizations. An event participant asked Dr. Richmond, “How can the inner fragmentation within the Women’s Rights Movement be overcome?” Dr. Richmond responded that we must embrace diversity and appreciate all the positive opportunities presented by adopting diversity principles. The current efforts to exclude trans women and girls from competing on sports teams consistent with their gender in states like Iowa and South Dakota is an example of how divisions within movements will/can occur. Failure of one party to recognize the legitimacy of another is the bedrock of so many domestic and international conflicts of the past and of today.

An event participant then asked, “How can trans youth begin a career in politics?” Dr. Richmond responded by telling them to “Get involved in a campaign!” Dr. Richmond then stressed the importance of local elections such as for positions on the school boards and judges. Dr. Richmond got involved in her first campaign at the age of 12 when her best friend’s mother was running for mayor. Dr. Richmond also added that “if they can pay you, they will and at the very least they’ll feed you.” As a follow up, another participant then asked Dr. Richmond, “How can we address public policy makers with our concerns?” Dr. Richmond responded, “It depends on the policy. I like to bring my personal experience and background into discussions about education. However, something like healthcare, I bring research and documentations. We must focus on taking care of people. I also like to quote the Constitution ‘equal protection under the law.’ If you love the Constitution, we cannot ignore what it says.”

After a hearty discussion varying from women’s rights to public policy the resounding message within Dr. Richmond’s lecture was to “remember the ladies” and always choose knowledge over ignorance.

Thank you, Dr. Richmond and thank you everyone who participated in this wonderful discussion. Our next event, My Right to Live: Rights and Reporting in Long-Term Care will be held on Wednesday, March 23, 2022, at 12pm. We will be discussing the rights of residents living in long-term care facilities with Sheree Head, Ombudsman Representative with the Jefferson County Area Agency on Aging. Everyone is welcome. Register here!

To see more upcoming events hosted by the Institute for Human Rights at UAB, please visit our events page here.

Right to Education for Teenage Pregnant Girls

by Grace Ndanu

When the head teachers and principals find out that a girl is pregnant in the Kenyan schools, they tell her that she has to leave the school immediately. They go ahead and tell her that a pregnant girl is not allowed to be in school because she will be mocked by other students and be a bad influence. Kenya is one of the countries that is associated with high numbers of teenage pregnancies. Every year, thousands of girls become pregnant at the time when they should be studying mathematics, history, science and geography. These girls who have early and unwanted pregnancies face many social and financial barriers to continuing with formal education, as they are often forced to drop out of school and to get married.

Photo of pregnant girl — Source: Upsplash

In 2013, all the countries that make up the African Union including Kenya, adopted Agenda 2063, a continent-wide economic and social development strategy. African governments agreed to commit themselves to build Africa’s human capital, which it terms its most precious resource, through sustained investments in education, including the elimination of gender disparities at all levels of education. Two years after the adoption of Agenda 2063, African governments joined other countries in adopting the United Nations Sustainable Development Goals, a development agenda whose focus is to ensure that no one is left behind, including a promise to ensure inclusive and quality education for all.

African governments have also adopted ambitious goals to end child marriage, introduce comprehensive sexuality and reproductive health education, and address the very high rates of teenage pregnancy across the continent that negatively affect girls’ education.

These member states have failed to do their duty for a long time. They continued to exclude thousands of teen girls from school because they are pregnant. There are arguments that revolve around morality; for example, they believe that, pregnancy outside wedlock is morally wrong, emanating from personal opinions and experiences, and wide-ranging interpretations of religious teachings about sex outside of marriage. The effect of this discourse is that pregnant girls – and to a smaller extent, school boys who impregnate girls – have faced all kinds of punishments, including discriminatory practices that deny girls the enjoyment of their right to education. Education is regarded as a privilege that can be withdrawn as a punishment. In the Masai community of Kenya, when a girl becomes pregnant before marriage she is regarded as a disgrace to the family, and therefore some of them are sent away from the family while others are sold out for marriage to men who can be the age of their grandfathers.

Kenya’s Parliament started debating the Care and Protection of children and parents, which is being pushed as a legal framework to help expectant girls stay in school to full term and follow their dreams once they graduate. With around 18% of Kenyan girls between the ages of fifteen and nineteen having given birth to at least one child, the proposed bill says that a student should not be denied her right to education simply because she is expectant or has a baby. The bill further advocates that the girl get adequate support – from her school, her family and the government, even after the baby is born.

Although the bill is being opposed because, it apparently bars parents or guardians from knowing the outcomes of their children’s pregnancy tests, if ever carried out in schools. Also, school principals are continually engaged in a hard balancing act. They have to balance policies and laws against the expectations and perceptions of the people they serve. The two are often in conflict because people are never sensitized properly. So, it is possible that the bill would place many school principals and head teachers at risk of imprisonment.

Poverty is still a major constraint for many girls. Although the government is able to meet the aim of ensuring that more girls returned to school, keeping them in school in the long term is another dilemma. A girl might return to school for one term or session but drop out again the following term for financial reasons. Therefore, the bill should consider the financial status of Kenyans.

The bill certainly comes from the right place. Nonetheless, if there is one thing I know, it is that policies and laws do not implement themselves. A well-crafted law has to be implemented by prepared people. People need to be properly engaged and brought on board. They need to be given a chance to become familiar with the content of a new policy, bill or law. They need a chance to air their concerns and they need to feel like they have been heard. They need to understand that the government is there for them and that their needs and concerns are taken seriously.

Many other factors contribute to thousands of adolescent pregnant girls and adolescent mothers not continuing formal education. High among them is the lack of awareness about re-entry policies among communities, girls, teachers, and school officials that girls can still study when they are ready to give birth and should go back to school after giving birth. People should be told that the laws and policies set don’t encourage teen pregnancies, instead it supports pregnant girls. Also parents should be sensitized on the importance of having open conversations with their children so that their children can can be able to fully trust them. Schools should include counselors’ budget so that girls and boys can receive counseling services when they need it.

Women’s Education in Afghanistan

When the Taliban captured Kabul in August, a bleak future dawned on girls and women across the country. Despite the Taliban’s promise to be supportive of women’s goals under Islamic law, the deadly crackdown on the progress of women’s rights has already begun.

The Taliban regime, like the older one that ruled from 1990-2001, upon capturing the capital, shut down the Ministry for Women’s Affairs and replaced it with the Ministry for Protection of Virtue and Vice. Later, they announced that women cannot go out in public without a male relative or without being fully covered, and female workers have been instructed to stay home. Education, politics, sports, freedom of expression, and whatever else requires women venturing outside with a voice has been banned by the government, punished by beatings or floggings.

Afghan Women in Veils — Afghan women in veils with the words “Taliban vow to respect women We can still see We can still watch We can still notice We will no longer accept.” Source: Flickr

Education and Occupations

Girls’ education in Afghanistan took a lot of effort to achieve, but many obstacles, specifically financial security and accessibility, still stand in the way. Knowledge gives individuals mobility and power to decide their future for themselves — a source of pride that Afghan women have fought for. In Afghan villages and cities alike, many women and girls would work for low wages in poor conditions to finance their education, and now these efforts and opportunities have been ripped away.

Pride is now fear. After the fall of the Afghan cities Kabul and Herat, the Taliban prohibited girls over 6th grade from attending school and segregated universities between genders. Boys were allowed back weeks ago, but no indication was given to girls — a silence that told them to stay home. The regime previously stated that education will resume under the laws of Islam. Even if girls can go back to school, they may not learn certain subjects such as engineering, vocational education, cooking, and government studies.

Dreams of becoming pilots, surgeons, activists, and lawmakers have evaporated for Afghan girls, and women already educated under a democratically controlled Afghanistan are seeing their lives turn on their heads. A university student who was supposed to graduate with two degrees from the American University of Afghanistan and Kabul University frustratedly remarked that she must hide any IDs, diplomas, and all evidence that she received a higher education, throwing away decades of work for her career. If she does not do so, she risks the lives of herself and her entire family.

A class for girls in a village school outside Jalalabad, Afghanistan. Source: Flickr

The Taliban is not their only issue, however. Many female political figures remaining in Afghanistan fear retaliation from men they jailed or sentenced. Despite the years of progress since the last Taliban occupation, women in powerful roles still made men in Afghanistan uncomfortable. The Taliban has not instituted strict restrictions on law and order — allowing incidents of physical and sexual violence against women to increase.

Female Workers

Women have taken to streets demanding their rights back as the Taliban prepares to deal with international questioning for their rise to power. Although once numerous after the fall of Kabul and Herat, protests are now few and far between. Organized protests were broken up by the Taliban’s gunshots, beatings, and killings in early September, effectively dampening the morale of activists. Now, the regime demands prior registration with a detailed account of the event and any slogans that are to be chanted, decreasing the right to assembly in the nation.

Female journalists, teachers, activists, and especially judges are also being targeted by the oppressive regime. It is common practice for the Taliban to break into homes of instrumental feminist voices and threaten their families, and the United States’ promise to protect Afghan women activists from the Taliban has fallen flat.

Former Afghan legislator Fawzia Koofi fled Afghanistan to Qatar after she was placed under house arrest and guarded day and night by the Taliban. Parliament members Shagufa Noorzai and Homa Ahmadi escaped to Athens, Greece, along with 177 other high profile female lawyers and judges with help from the Melissa Network and Human Rights 360. Even though activists like Koofiand Noorzai are far from their home country, they have already started networking to protect the rights of women and girls from where they are.

In late August, 15 members of the inspiring 20-member Afghan Dreamers fled Afghanistan, with 10 arriving safely in Mexico City, Mexico, and 5 in Doha, Qatar. This all-girls robotics team made waves after winning multiple international robotics competitions in the United States and becoming a luminescent symbol of the potential of girls in science, mathematics, and engineering. These girls left with the hope of continuing their education and competing in robotics tournaments. Some girls voluntarily stayed behind to help education efforts in Afghanistan. They all hope that their achievements and stories will empower girls in their home country to fight for their education and convince the regime to adapt to a new generation of women.

Private Afghan universities require girls to wear an abaya and niqab. Source: Flickr

Education as a Human Right

The Taliban violated many articles of the Universal Declaration of Human Rights (UDHR). Article 26 proclaims that basic and fundamental education should be free, compulsory, and equally accessible. Education is stated as the driving force to foster respect for human rights and personal freedoms all over the world which is crucial for women to rise from societal restrictions.

The head of the Afghan Women’s Network, Mahbouba Seraj, emphasizes that Afghanistan is not the same country that the Taliban left. Women will not sit and stand by while they try to take away their rights. Over 6 million women have established their presence in traditionally male-dominated fields such as media, medicine, law, and government. She believes that the gender equality movement in Afghanistan will prevail over the Taliban’s resistance.

Earlier in October, the United Nations Human Rights Council voted to approve a rapporteur on the grounds of Afghanistan to investigate and report civil and human rights violations. The European Union’s ambassador to the UN cited particular concern for the restrictive actions of the Taliban against women and girls. In addition to the UN, the public can offer donations to other international human rights organizations that are also working on the safety of female Afghanistan officials and girls seeking to continue their education such as Amnesty International, CARE, and Women for Afghan Women.

Afghanistan’s Deteriorating Healthcare System

Afghanistan’s healthcare infrastructure is crumbling after its foreign assets were frozen and donor organizations pulled funding after the Taliban takeover. The Taliban is a Pashtun Islamic extremist group that is known for imposing strict religious and conservative rule over their areas of operation including Afghanistan and Pakistan. The organization previously served as the government for southern Afghanistan in 1996-2001 during which the healthcare system had collapsed. The child mortality rate was 2x as high as it was in 2012 and polio was widespread. Safe drinking water and sanitation were also nonexistent.

Over the past two decades, non-governmental organizations (NGOs) have historically provided 75% of the funding and supplies to support the healthcare systems in 31 out of the 34 provinces of Afghanistan. As a result, the Middle Eastern country has seen enormous improvements in the healthcare system. As of 2018, with over 3,000 medical facilities staffed and supplied, about 87% of the population were able to receive services. Maternal and child mortality rates also plummeted and infectious disease treatment programs helped decrease mortality rates.

International donor support started declining even before the Covid-19 pandemic, and Afghanistan’s Ministry of Health and other public health organizations were barely able to compensate. The economic decline at the onset of the pandemic made medical resources even more scarce. Hospitals began charging payment for supplies such as meals and scalpels previously free to patients, and patients were forced to use their own money to buy surgical equipment. In April 2021, President Biden announced that the United States would withdraw all of their 2,500 troops from the Afghanistan, triggering the entire NATO (North American Treaty Organization) alliance to withdraw a total of 7,000 troops. The process was completed in mid-September. Shortly thereafter, the Taliban rose to power once again in Afghanistan.

A pile of international notes from the United States, Turkey, and Europe. Source: Unsplash

The World Bank then froze $600 million in health care aid funded by the US Agency for International Development, the European Union, and others. The $600 million was part of the Sehatmandi project, a global initiative to increase health facilities in Afghanistan, which was a collaboration with the Afghanistan government. The withdrawal shut down 2000 of the 2800 facilities that the project previously funded, leaving healthcare workers and patients out in the wind. Currently, healthcare workers have not received payment in 6 months and do not know when they will receive payment. Many patients struggle to reach the remaining facilities because the trip there is either unaffordable, geographically dangerous, too far, or the route is lined with Taliban conflict.

If provided now, donors feared that donations and allocations would be misused by the Taliban to generate income for the militant group instead of for healthcare problems. There is speculation that if the funds are released, wages will never reach workers and medical supplies will be bought then sold to the public at astronomical prices. All entities are waiting on instructions or action from other governments to search for a way to transfer donations in order to circumvent the regime’s administration.

Healthcare for Children

A toddler girl biting into her shirt sleeve next to her parent. — A toddler girl biting into her shirt sleeve next to her parent in Afghanistan. Source: Unsplash

Hunger is becoming more widespread as inflation rates climb and supply chains grow unsteady. The Integrated Food Insecurity Phase Classification (IPC) reported that half of Afghans will face acute food insecurity before winter arrives.

Malnutrition and malnutrition-related illnesses are far more dangerous than any other disease for children. Specific types of malnutrition called acute severe malnutrition and child kwashiorkor, a severe protein deficiency, is prevalent in Afghanistan and are caused by eating too little food or not at all. It can be treated by administering Ready To Use Therapeutic Food (RUTF) and oral hydration therapy. Over 2 million children under 5 years old do not have access to this life saving treatment in Afghanistan. At least half of the children in the country are victims of malnutrition and in light of the food scarcity, mothers unable to produce breastmilk have resorted to feeding infants water mixed with sugar.

Staffing shortages are also insurmountable. Nurses and doctors fled the country fearing what the Taliban’s takeover could mean for their lives. In the main children’s hospital in Kabul, nurses previously caring for 4 babies now have to care for 24 babies each while hospital staff try to squeeze 3 infants into 1 incubator due to equipment shortages. Current staff are overworked and still have to take up jobs at other institutions to get by. Medicinal needs are also not being met for children and adults. Drug cabinets and storage closets become emptier every day as the influx of patients has depleted the resources faster than can be transported into the country.

A hand holding a cluster of large, yellow tablets. — A hand holding a cluster of large, yellow tablets that are basic medications that Afghans need. Source: Unsplash

Women’s Health

The aid cuts have also decreased access to essential healthcare resources for women and girls, including contraception and family planning. Many women carry out risky pregnancies and are subjected to unsafe reproductive procedures without modern medical equipment. Prenatal and postnatal care for infants is not provided, and postpartum care for new mothers is nonexistent. Despite the labor shortages, a great deal of responsibilities for maternal health clinics are on the backs of midwives. Midwives continue to perform complicated surgeries, dangerous deliveries, and other reproductive procedures.

Expensive medicines and transportation to clinics for health problems are not feasible for the majority of Afghan women. Beginning in early 2017, extremist groups turned their sights on medical facilities in Afghanistan, which led to increase of attacks on aid workers, doctors, and hospitals. Mounting fear against staying in maternity clinics has also driven many women away from seeking help.

Covid-19 Pandemic

The lack of data and accountability in Afghanistan makes it difficult to comprehend the extent to which the virus has contributed to the death rate. Around the world, Covid cases are increasing, and the Afghan population is largely unvaccinated. According to the latest data from the United Nations, only 2.2 million of 39 million individuals have been vaccinated, while 1.8 million doses are waiting to be distributed.

Public health experts worry that an impending 4th wave of the disease will render the healthcare infrastructure irreparable. Dead bodies line hospital morgues and overflow into the outside corridors as the lack of fuel has stopped ambulances from operating. Many sick patients suffering from Covid don’t bother coming to hospitals, because they know they would not be able to receive medical assistance. Hospitals, private practices, and clinics are resorting to hastily assembling makeshift wards outside hospitals to accommodate Covid patients.

The healthcare situation in Afghanistan has been worsening for years, and in light of the looming public health disaster, much more support from the international community is needed. The snowball effect of international neglect will continue unless major monetary, political, economic, and healthcare interventions are considered. Nonprofit health organizations such as Doctors Without Borders have been tackling both maternal and child healthcare as well as managing Covid cases in 5 provinces, but people can help by donating to Doctors Without Borders, United Nations Children’s Fund (UNICEF), and increasing awareness for the healthcare crisis in Afghanistan.

International Day for the Elimination of Violence Against Women

Today, November 25th, marks the 22nd Annual International Day for the Elimination of Violence Against Women as declared by the United Nation’s General Assembly in 1999; however, women living in Latin America and the Caribbean have honored the International Day for the Elimination of Violence Against Women since 1981. The resolution, introduced by the Dominican Republic, marks the anniversary of the death of three sisters, Maria, Teresa and Minerva Mirabel, who were murdered on the island on November 25th, 1960, due to their involvement in a growing underground uprising against Dictator Trujillo’s dangerously misogynistic rule, according to this article from History. This day also represents the start of the 16 Days of Activism, where people are encouraged to fight against gender-based violence, concluding on December 10th, which is declared as International Human Rights Day. Activist organizations worldwide have utilized this period to shed a light on domestic affairs including sexual and physical violence, emotional abuse, and to draw attention to the dangers of human trafficking, all of which are issues that disproportionately affect women, transgender, and nonbinary individuals.

Domestic Abuse in the Pandemic

One of the major examples of threatening violence towards women is domestic abuse, especially regarding violence in romantic partnerships. Domestic abuse includes sexual, physical, verbal, and emotional abuse, and can happen to anyone regardless of age, race, sexuality, or marital status. Fighting domestic abuse is especially prevalent in eliminating violence against women because unfortunately, eight out of 10 victims of sexual assault or rape knew their attacker, as was the case in my own story. For child victims and students on college campuses, the rate is even higher. Regarding the pandemic, the United Nations has recently stated that, “Since the outbreak of COVID-19, emerging data and reports from those on the front lines, have shown that all types of violence against women and girls, particularly domestic violence, has intensified.” Referred to as the “Shadow Pandemic,” women and other marginalized groups have been especially susceptible to abuse and emotional neglect due to many countries’ lockdown and stay-at-home orders, in addition to people around the globe facing an increased level of financial hardships throughout the Covid-19 pandemic.

Sex Trafficking and Outside Threats

This increased level of vulnerability has also translated outside of the home, where women face dangers in varying capacities, including the prevalent threat of sex trafficking. Over 70% of all sex trafficking victims are women and girls, and although there have been a growing number of legislative improvements as more countries criminalize trafficking, conviction rates for traffickers remain low. As Covid-19 news updates have held many people’s attention since the pandemic began, it is essential to remember the other human rights crises that have not paused or slowed down as law enforcement efforts had hoped. Outside threats of violence also disproportionately affect BIPOC (Black, Indigenous, People of Color) women. Although many general sex trafficking statistics are difficult to find considering many cases go unreported, this article from Polaris did include numbers from specific jurisdictions stating that “In Louisiana, Black girls account for nearly 49 percent of child sex trafficking victims, though Black girls comprise approximately 19 percent of Louisiana’s youth population and in King County, Washington, 84 percent of child sex trafficking victims are Black while Black children and adults together only comprise 7% of the general population.” Polaris went on to add, “Latinos are disproportionately represented among human trafficking victims and survivors in general, and labor trafficking survivors in particular.”

Eliminating Violence Against Women

Women’s organizations around the world have come together in efforts to eliminate misogynistic acts of violence with advocacy that anyone can participate in, such as protesting for legal action to be taken and supporting the #MeToo social media movement, which began in 2006. The #MeToo movement encourages survivors of sexual assault and rape to share their stories in a safe environment of other survivors. The hashtag has been used by millions of people around the world and has been translated into dozens of languages.

Considering this, there are many ways to help support survivors, even during a pandemic. UN Women lays out ten important steps:

1. Listen to and believe survivors
2. Teach the next generation and learn from them
3. Call for responses and services fit for purpose
4. Understand consent
5. Learn the signs of abuse and how you can help
6. Start a conversation
7. Stand against rape culture
8. Fund women’s organizations
9. Hold each other accountable
10. Know the data and demand more of it

If you or someone you know is experiencing abuse, click here to speak with trained advocates worldwide.

Our Lost Indigenous Women

A protest, with placards displaying the faces and information of missing women — Source: Obert Madondo Via: Flikr/cc

The Problem

Indigenous women face overwhelming rates of violent crime, more than twice the amount of their non-Indigenous counterparts in the United States and 3.5 times in Canada. A 2016 study published by the National Institute of Justice revealed that approximately 84.3% of American Indigenous women have experienced violence against them in their lifetime and 56% of these women would become victims of sexual violence as well. In Canada, only 53% of Indigenous women’s homicides have been solved; drastically less than Canada’s national solve rate of 84%. That statistic becomes even more damning when we take into account that Indigenous females only make up 4% of Canada’s population, yet account for nearly one quarter of all homicide victims in Canada. For decades, Indigenous leaders, tribal governments and human rights organizations alike have called for national reviews in both Canada and the United States into the treatment of cases regarding Indigenous women. A publication from the US Department of Justice states that Indigenous female victims in the United States are far more likely to need services that aid survivors of such violence, but are the least likely group to have access to these services. The majority of Native American women will face physical or sexual violence in their lifetime, and more than a third will be unable to access necessary services after the event due to drastic disparities in access to healthcare and treatment by law enforcement. With each new set of data we have re-confirmed the existence of a plight sweeping through native communities, robbing women within them of their security, safety, and visibility.

Marchers holding a banner that says "No more stolen sisters" — Source: Yahoo Images

Missing and Murdered Indigenous Women (#MMIW)

In recent years, social media pushes have been made to raise attention for what is now known as “Missing and Murdered Indigenous Women”, a simple catchphrase encompassing decades of neglect from all channels that is now spearheading a movement for justice. This hashtag and social media campaign generates hundreds of thousands of interactions and impressions on social media every day, and brings attention to the individual stories of missing indigenous women or families of women lost to homicides that are still unsolved. However, indigenous women rarely get the national media attention that white women experience when they go missing; and when every minute and resource makes an empirical difference in the likelihood of that woman being found alive. A prior article from the Institute of Human Rights speaks specifically about the recent Gabby Petito case, and the disproportionate response of the American public for missing white women in comparison to women of color and indigenous women here. These drastically different responses only amplify the vulnerability of indigenous women.

It is horrific to think about a situation in which no one will come looking for you if you go missing. That nightmare has become an internalized reality in so many indigenous communities, where young women are being raised with impressive levels of advocacy for their missing sisters, but are witnessing first hand how much of a struggle that advocacy is. Social media is beginning to catch up to decades of research that has been waiting for a time like now, where the general public may be ready to listen and push for change. The Murder Accountability Project (MAP) has tirelessly collected data on unsolved homicides in the United States to apply pressure on law enforcement in communities with disproportionately high unsolved homicide rates, and put a spotlight on communities that fail to report important information to federal databases. The Indigenous community is heavily reflected in both of those categories.

A broken chain of command and lack of communication is often cited for why so few of these reported cases are ever investigated, as local, state and federal law enforcement agencies struggle to find a balance of working with native land and sovereign tribes through the reporting process. Many violent crimes against indigenous women occur on sovereign native land, however, 96% of the perpetrators are non-indigenous. This causes major confusion as tribal governments are unable to prosecute non-indigenous persons, and most standard law enforcement agencies have no jurisdiction over any crimes that occur on native land. This complicated mess of jurisdiction and authority confuses law enforcement, tribal governments, and victims alike.

Unfortunately, law enforcement has repeatedly made glaring errors that are impossible to ignore; tribal organizations have found that the United States National Crime Information Center recorded 5,712 reports of missing American Indian and Alaska Native women and girls in 2016, but the US Department of Justice’s federal missing persons database shows that only 116 of those 5,712 cases were never logged. Essentially, this information means that only 2% of all cases of missing indigenous women were properly reported. This cannot be ignored; many families, friends and loved ones are left wondering why our government has forgotten and neglected their sisters, mothers, wives and daughters. While the answer may not always be clear, movements like #MMIW are bringing this conversation to the forefront of politics and media. In order to provide justice for these women, we must demand increased preventative and investigative efforts to protect these women when they need it the most.

An infographic displaying data on missing indigenous women — Source: Reclaiming Power and Place: The Final Report of the National Inquiry into MMIWG VIA: Yahoo Images

Truths of Targeting

The vast majority of homicides of indigenous females go unsolved for years, and even the solved cases display how this systemic neglect has been repeatedly exploited. As determined by the FBI, “vulnerability” is a key factor in a killer’s process of victim selection; a category most indigenous women have been forced into by countless factors beyond their control. Prolific serial killers like Robert Pickton (Canada) and Robert Hansen (United States) specifically targeted indigenous women and sex workers during their killing sprees, and doing so allowed them to murder dozens of women completely undetected by law enforcement for decades. More than half of Pickton’s victims were thought to be aboriginal women, though many were never identified, and Hansen’s victims were often young indigenous women who had turned to survival sex work out of financial desperation. While describing research confirming how killers have manipulated vulnerabilities to their benefit, Co-director of MAP and criminologist Michael Arntfield determined that “Serial killers prey on marginalized populations, and indigenous women make up a disproportionate number in the victim pool”.

Sign stating "You are not forgotten" at a march for missing indigenous women — Source: Pressbooks Open Library Via: Yahoo Images

How to Help

There are many exceptional campaigns, research organizations and nonprofits to get involved that are currently on the forefront of the fight to end violence against indigenous women. If you wish to learn more about the topic, you can explore other Institute of Human Rights articles promoting Indigenous rights here, or click here to find an excellent resource sheet with educational sources and ways to get involved with MMIW. There are countless petitions for reform in both the US and Canada as well; this petition calls for the passing of Savanna’s Act, which will require the Department of Justice to update their missing persons database to better help identify missing and murdered Indigenous women and prevent further discrepancies in reported cases. This petition is a plea to the US Senate, calling for the Violence Against Women Act (VAWA) to be re-authorized and receive greater funding as VAWA increases abilities for tribal nations to prosecute non-native offenders as well as providing resources for responses from law enforcement on all levels when cases of violent crimes or missing women are reported. The Coalition to Stop Violence Against Native Women offers ways to donate, volunteer, attend community training, and other incredible opportunities to get involved in the movement. The Sovereign Bodies Institute utilizes donations to collect culturally-informed research on gender and sexual violence against indigenous peoples.

The only way to protect these women is to take drastic steps towards change. We can no longer ignore, deny or neglect the truths of everything both systemic and societal that has consistently failed the indigenous community, and the women within it. Please research, donate, volunteer, and find a way to become an advocate for the missing and murdered. We can have no more stolen sisters.

The Future of Abortion Laws in the United States

The Texas Abortion Law, signed into law on May 19th, 2021, went into effect earlier this September, effectively banning abortions after the detection of fetal heartbeat. This law makes no exceptions even for victims of rape or incest.

Previous abortion bills introduced the state government and authorities to enforce abortion laws, but unlike anything seen before, Texas’s law awards the power to the citizens. Any private citizen in the country now has every right to sue anyone they suspect has had an abortion, took part in helping with an abortion, or in any way assisted an individual seeking an abortion in Texas. If the suit succeeds, the citizen will receive monetary compensation of at least $10,000. The intricacies of this law make it difficult to legally interpret since technically, abortion has not been criminalized.

History of the Heartbeat Bill

In 1973, the landmark Supreme Court case Roe vs. Wade federally legalized abortion in the first two trimesters of pregnancy but allowed states to ban abortion in the 3rd trimester. Since then, several state legislatures have passed so-called “heartbeat bills,” which criminalize abortions after fetal cardiac activity has been detected—usually at 6 weeks. However, this is only a flutter of electricity, and the heart forms only after 17-18 weeks. Most individuals do not even know that they are pregnant at this point, because birth control, other forms of contraception, or not tracking menstrual cycles can mask pregnancies until the 8th week.

Up until now, the Supreme Court has adamantly upheld Roe vs Wade, and every state abortion ban signed into law has been struck down in federal courts. In a historic decision, the United States Supreme Court ruled to let Texas temporarily implement its Abortion Law Although the decision was made in consideration of the difficulty interpreting the law by the Constitution, the hesitancy has been raising alarms all over the country.

During the Former President’s term, 2 conservative justices replaced the deceased Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia—tipping the balance of opinion from liberal to conservative. The new Supreme Court, with the power to influence landmark judicial decisions and history for the next century has many human rights and women’s rights activists seeing it as a threat to the well-being of the country. Reversing all or part of Roe vs. Wade will start an ethical slippery slope that some fear could lead to restrictions on contraception and women’s health services.

Historic Supreme Court building in Washington, D.C. pictured — Source: Unsplash; The Supreme Court Justices hear cases and make their decisions here at the Supreme Court in Washington, D.C.

Abortion as a Human Right

The United Nations affirms that access to safe and legal abortions is a fundamental human right. It is not only crucial to ending discrimination against women but also to protect women’s health. The United Nations Human Rights Committee (UNHR) states that restriction abortion bans violate basic “right[s] to health, privacy, and in certain cases, the right to be free from cruel, inhumane and degrading treatment.”

Despite the common misconception that abortion restrictions reduce abortions, they only increase unsafe abortions. Women and young girls use dangerous methods such as toxic chemicals, bodily harm, and relying on unlicensed abortion providers in their desperation to terminate a pregnancy. In fact, in the United States, the American College of Obstetricians and Gynecologists (ACOG) found that over 1.2 million women had unsafe abortions which resulted in nearly 5000 deaths, not including tens of thousands more left with long-term injuries and complications.

Depicts Abortion Rights protesters — Source Unsplash: Protestor holding up a placard stating “Protect Roe” in an October 2021 protest against Anti- Abortion Laws.

Women in Texas Now

The state has clearly indicated that the law is “not against women” but against abortion providers who are breaking the law.

Already, women in Texas are traveling out to liberal states such as California or New York to get their abortions. The influx of cases has overburdened providers in other states, but even still, those who make it out of state to receive an abortion at least have the option. The majority of women, however, do not have the means or funds to obtain an abortion in another state, so they turn to abortion pills to self-induce abortions. This method has its own problems. The pills can get stuck in customs anywhere from 2 to 30 days which adds to the anxiety of pregnant individuals, because the pills must be taken before 10 weeks of gestation to avoid life-threatening complications such as massive hemorrhaging.

Political Reaction

The Texas Abortion Ban symbolizes the modern bodily autonomy movement on a precipice. Based on the Supreme Court’s current balance, it is possible that Roe vs. Wade could be struck down within the next two years. One thing must be made clear though: overturning Roe vs. Wade means that abortion will only become illegal within states that have chosen to do so—not across the country.

However, another aspect to consider about the abortion rights debate is voice. Women and minorities are more empowered than four decades earlier and have the platform to fight for their beliefs. In fact, 77% of people want the Supreme Court to uphold Roe vs. Wade. If Roe vs. Wade is overturned, an unprecedented amount of public outcry will occur in every state to fight, once again, for the right to bodily autonomy that women have fought for decades.

Future

Later this year, the Federal Courts will hear Mississippi’s case to let their heartbeat law stand for 15 weeks. More conservative states will likely use Texas’s law to support their legislations. Thus, the outcome of these hearings will give the country an understanding of how the federal judicial system will respond to future abortion and women’s health legislation.

The Supreme Court’s ability to protect abortion rights is being tested, but according to the Los Angeles Times Editorial Board, the responsibility may be passed to Congress instead of staying with the courts.

In the Senate and House of Representatives sits a bill titled the Women’s Health Protection Act, which could provide universal abortion rights and remove the damaging restrictions women are subjected to for abortions. One of the goals of women’s rights activists is to see this bill passed in Congress, and the time has come for Congress and the Executive Branch to collaborate and alleviate any detrimental decision that the judicial system may make. The public can help with this goal by proactively voting for legislators that will turn bills into reality and supporting many nonprofit organizations and charities such as NARAL Pro-Choice American and Planned Parenthood through volunteer work or donations.

The Missing Case of Gabby Petito and the Cases of Missing Indigenous Women

Missing flyer of Gabby Petito depicting a picture of Gabby with the hashtag of America's daughter — Yahoo Images

On September 11, Gabby Petito, a young white woman who was travelling in a van and recording videos about her life with her boyfriend, was reported missing by her family. Petito’s popularity on YouTube and Tik Tok helped the story circulate like wildfire with true crime podcasts , national news channels , and intense investigation from officials and the general public. The fervent public engagement and dedication of investigative officials lead to Petito’s remains being discovered in less than a month in Wyoming. Within the last nine years 710 indigenous people, mainly women, have disappeared in the same area where Petito was found, and most cases have remained unresolved. Where was their national media coverage? Currently, 64,000 Black women are declared missing within America, but where is their media attention and public outcry? The case of Gabby Petito is an unfortunate situation and deserves to have the proper investigative force behind it. However, we must ask ourselves why cases like Petito’s, usually young white women gain the most awareness, while women of color, like indigenous women are often ignored on a local and national level. The power of the media and public opinion is significant. The interest of the public has been able to reopen cases and even apprehend criminals. Public outcry has secured justice for victims and their families, which is recognition and treatment that indigenous women often lack.

Indigenous women with red hand painted over the mouth, presenting the voiceless and missing indigenous women — Yahoo images

The Mary Johnson Case

On November 25, 2020 Mary Johnson, an indigenous woman of the Tulalip Tribe, went missing while walking to a friend’s house in Washington state. Over the span of 10 months, the search for Johnson involved a billboard on the interstate and local media coverage, which resulted in little development towards finding or arresting the perpetrator behind her disappearance. Local tribal police efforts have not recovered Mary Johnson’s body and have not made any arrests, despite having identified multiple people of interest.

Why has such little investigative action occurred over such a long period of time? Abigail Echo-Hawk, chief research officer for the Seattle Indian Health Board, states that investigation by law enforcement is often delayed due to the “maze of jurisdiction” in the local county. The boundaries among the authorities overseeing the case must be distinguished between the federal government, state government, and the tribal police, this process is often complicated by the complex procedures of bureaucracy. Additionally, tribal authorities often lack jurisdiction or are limited in their ability to prosecute non-Native people for crimes committed on tribal land. The federal government, which carries the authority of persecution, often does not offer its services. The competence and empathy that Mary Johnson and her family deserve was undercut by governmental and legislative administrations who focused on avoiding responsibility rather than seeking justice, for Mary Johnson. Cases such as Mary Johnson continue to emulate the numerous, and neglected cases of missing indigenous women.

Banner with the words "No more Stolen Sisters" at a protest for missing indigenous women — Yahoo Images

The Disparities in Media Attention and Investigation

The discrepancy in the media treatment and public awareness of missing white women compared to missing women of color, including indigenous women, is referred to as “missing white woman syndrome.” The Lucchesi Sovereign Bodies Institute reports that from 2000 to 2009 local and state media covered 18% of homicide cases related to indigenous women and 50% of homicide cases related to white victims. The reporting of cases between white and indigenous victims is even dependent on the status of the victim, whether they are dead or alive. The Wyoming Survey and Analysis Center reports that white people are more likely to have an article written about them while they are still alive. Approximately 76% of articles written about white victims are published while the victim is still alive, but 42% of articles written about indigenous victims are written after the indigenous victim is found dead. Indigenous people are more likely to have an article written on them if they were found dead with 57% of articles being on indigenous missing people, but no articles about white missing persons which displays that white missing persons receive media recognition in a timely manner, before the victim has been found dead. The underrepresentation of indigenous women within media is alarming considering how there have been 5,712 missing cases since 2016, .

The lack of awareness and ignorance surrounding the numerous cases of missing indigenous women is ironic considering how indigenous women are at higher risk for acts of violence and should receive more awareness and protections. In fact, American Indian and Alaskan Native women living on tribal lands are murdered at rates more than ten times the national average, according to the U.S. Department of Justice. Publicity around these cases is crucial because these cases are not simply cases of missing people, but also cases of domestic violence, homicide, sexual assault, and sex trafficking which are rampant issues within indigenous communities. Compared to their white counterparts, indigenous women are 1.7 times more likely to experience violence, and 2 times more likely to be raped. More than half of indigenous women have experienced sexual violence (56.1%) and have been physically abused by their partners (55.5%). These acts of violence intrinsically violate and disregard the human right for indigenous women to exist in peace and security. Systematically, the safety and protection of indigenous women is neglected and allowed to continuously occur without intervention from the United States government.

Why is there a Gap?

Indigenous women’s rights advocates argue that indigenous women are often blamed for their own disappearances, thus resulting in a lack of empathy and effort from officials, media, and the public.

Echo-Hawk, Seattle Indian Health Board chief research officer states that, “They’re [indigenous women] assumed to have run away, have substance abuse issues, or done something that justified them going missing or being murdered.”

Due to such prejudice and bias from authorities, the crucial initial period of search for a missing person is often lost because of the dismissal of families’ concern and refusal of investigative officers to report an indigenous woman is missing. Echo-Hawks details the common scenario as victim blaming where authorities ask questions like, “Did she run away? Was she out drinking?” and then dismiss family member concerns by saying their loved one will likely just come home in a couple of days.

Beyond the biases of local authorities, such victim blaming can manifest into negative character framing within media coverage further leading to poor incentive for authorities and the public to display concern and initiative in resolving cases and serving justice for missing indigenous women. The Governor’s Taskforce on Missing and Murdered Indigenous Persons reports that 16% of articles about indigenous people involves negative character framing, emphasizing negative aspects of the victim’s life, family, and community that are unrelated to the crime itself.

founders and members of the Na’ah Illahee fund — Yahoo Images

How can you help?

The negligence of authorities and lack of media attention isolates Indigenous families in their search for their missing family member.

A Seattle Native-led nonprofit Na’ah Illahee (NIF) launched the “Red Blanket Fund,” to provide support for families of missing and murdered Indigenous people. You can donate to Na’ah Illahee and other organizations like it. Additional organizations include, Missing and Murdered Indigenous Women USA and National Indigenous Women’s Resource Center.