Sunday, August 27, 2017
In politics and popular culture, we’ve always had villains, devalued enemies, and others who purportedly stand for everything we are not. They enable us to see ourselves as the heroes of our own stories. This cast of characters has been called many things over the years—scapegoats, savages, evildoers, and worse. Social scientists use the term “otherness” to describe this process, its functions, and its impact. Othering is front and center in U.S. politics today.
The Trump Administration, through both words and actions, has advanced a worldview in which selected people are devalued based on their religion, race, sex, sexual orientation, and national origin. Critiques of this othering rightly focus on the harm that accrues from suggesting certain individuals are lesser human beings or even less than human. But there is another side to othering that is similarly dangerous. Othering operates not only to advance the idea of a lesser Other, but also to perpetuate the idea of the virtuous Self (or dominant group).
Trump offers an extreme, though not unique, version of both sides of this phenomenon. His words suggest that anyone is who not a White, Christian, straight man is Other. And he understands himself as without flaw.
The problem with this myopic view is not only that it inflicts harm on targeted groups, but it also negates any possibility that we might become something better. After all, if we are the best in the world, why would we need to change? The answer is perhaps most easily – and least threateningly – revealed by looking at the sports world. The best athletes achieve and sustain greatness by constantly engaging in self-critique, identifying weaknesses, and addressing shortcomings. So should we, as a society.
Thus far, the dominant response to the horror and tragedy of Charlottesville has failed to do so meaningfully. Many U.S. politicians and commentators have objected to Trump’s comments, responding “this is not who we are.” Although they were right to repudiate Trump’s remarks, resting on “this is not who we are” actually risks further entrenching otherness constructs; it rejects white supremacists as not us, so we can preserve the idea that we are heroes in this story.
To be clear, distancing oneself from white supremacists is not the moral equivalent of marching with KKK members and neo Nazis, despite certain statements about blame belonging to “many sides.” But failing to acknowledge the historical and structural elements of U.S. society that led to white supremacists marching on Charlottesville perpetuates the idea that our broader society is without fault.
Racism, sexism, xenophobia, anti-Semitism, Islamophobia, and other forms of hatred persist in the United States. This is not the result of merely a few deviant actors. Until there is broad recognition of this fact and critical engagement of the complex structural and historical issues that give life to bigotry in this country, condemnation of white supremacist rallies or Trump, while necessary, will fail bring about meaningful change.
Sunday, March 5, 2017
The Business & Human Rights Resource Centre have partnered with Liberty Asia to develop a legal case map of all human rights litigation against corporations. This valuable resource is available here and enables readers to search by topic, company, and legislation relied upon. The project covers a broad range of cases including labor rights violations, human trafficking, climate change and environmental degradation, crimes against humanity, child labor and more. It’s worth a look for anything interested in these issues or human rights litigation generally.
Wednesday, February 1, 2017
Note: The views expressed here are mine and do not necessarily reflect the views of any institution or organization that I work for or have an affiliation with.
Tuesday, January 10, 2017
January is National Slavery and Human Trafficking Prevention Month. Despite the tireless efforts of many, as President Obama stated in his recent Presidential Proclamation, “the injustice of modern slavery and human trafficking still tears at our social fabric.” This month provides an opportunity to both raise awareness about the problem and galvanize support for action that can reduce the prevalence of human trafficking.
There is a growing body of law at the international, national, and state levels addressing human trafficking specifically. Although those represent important developments, there has been limited progress on the root causes of human trafficking. That’s where human rights come in. Human trafficking thrives because there is demand for the good and services produced by exploited individuals and because there are millions of vulnerable adults and children.
The foundational principle of the Universal Declaration of Human Rights – “All human beings are born free and equal in dignity and rights” – is a direct challenge to the devaluation of human lives that is embedded in the demand side of human trafficking. Human rights education fosters tolerance and reduces disregard for others’ rights. And, when realized, human rights – including the rights to birth registration, health care, education, and housing; labor rights; and the principle of nondiscrimination, to name a few – can reduce the vulnerability of marginalized populations so that they are not pushed into human trafficking settings.
The challenges we face today as human rights advocates are seemingly endless. It’s often difficult simply drawing sufficient attention to rights violations. Human trafficking is one area where everyone from policymakers to parents wants action. Demonstrating the value of human rights to human trafficking can help advance anti-trafficking efforts and serve as a model for applying human rights approaches to other pressing issues.
Tuesday, December 20, 2016
On December 5, 2016, California state senator Dr. Richard Pan introduced the Bill of Rights for Children and Youth in California. The bill will consider aims create a “comprehensive framework” for addressing rights and needs of children.
If approved by the Legislature, the Bill of Rights for Children and Youth in California would achieve two important aims. First, it would provide recognition of California children’s basic human rights, including “the right to parents, guardians, or caregivers who act in their best interest,” “the right to live in a safe and healthy environment,” “the right to appropriate, quality education,” and “the right to appropriate, quality health care.” These are foundational rights that would help ensure that every child in California can develop to his or her fullest potential.
Second, the Bill of Rights would provide a roadmap for action. The Legislature would be required by January 1, 2022 to develop evidence-based policy solutions to secure the rights of all children across the state, determine the resources needed to achieve this framework, and identify and obtain such resources.
Of course, there will be challenges on the road to achieving these goals, particularly in an era of limited budgets, but the Bill of Rights builds in a five-year period to develop appropriate solutions (even though many children really cannot wait until 2022 to access quality education or a safe environment).
No doubt there will be some who resist the first part of the Bill of Rights—the recognition of children’s rights, or human rights more broadly (see, e.g., the recently adopted Mountain View Human Rights City resolution). So let’s be clear on what it means to resist the idea that children have rights.
The foundational principle of human rights is that rights are inherent. The Universal Declaration of Human Rights declares that “[a]ll human beings are born free and equal in dignity and rights” (Article 1). Long before that, the U.S. Declaration of Independence proclaimed that “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights.” In other words, if you are human, you have rights. If you resist the idea that children have rights, you are saying that rights are not inherent, but that they are granted to you by the government only when you reach adulthood.
Perhaps you accept that rights are inherent and thus that children have rights, but you have reservations about the Bill of Rights’ roadmap for action. If your concern is that ensuring health care or safe environments for children is “socialist,” you are overlooking two points (beyond the fact that the U.S. will not become a socialist country): (1) recognizing children have a right to necessary medical care does not mean the government has to be the provider; and (2) if you have time to argue over whether socialism could ever gain traction in the U.S. instead of having to focus on figuring out how to ensure there is food on the table for your children, you are in a privileged position, and not every family or child is.
Second, if your concern is it will cost too much to ensure “quality education” for every child, what you are really saying is that you don’t think it’s a priority. Anyone who has ever worked with a budget, whether it is for an appropriations bill or a grocery list, knows that you must make tough choices. But if you don’t support the idea that every child should have access to quality health care and education, you are saying that our children’s development matters less than every other line item we choose to fund. Surely the future of our children—and thus this country—matters more than that.
I, for one, applaud the California legislature for taking this on, for daring to envision a world in which every child has the care and support needed to develop to his or her fullest potential.
Monday, October 31, 2016
“Can’t we just let kids enjoy Halloween?” Inevitably that’s the response I receive this time of year when I mention the ongoing exploitation of children in the chocolate industry. The answer to that question, by the way, is yes. Yes, children should be allowed to enjoy Halloween, but the evidence on cocoa production is that our enjoyment of chocolate comes at the expense of children in Ghana, Cote d’Ivoire, and other countries.
Enjoying Halloween and supporting efforts to end child labor are not mutually exclusive. Don’t take my word for it. Click here to read what one thoughtful 10-year-old student in New Mexico wrote about the issue (and a list of Fair Trade chocolate brands can be found here).
Thursday, October 6, 2016
Next week is Yom Kippur (Sundown, October 11 to Sundown, October 12), the Day of Atonement on the Jewish calendar. As tradition has it, atoning on Yom Kippur will address only sins against God. For transgressions against other individuals, Jews are obligated to seek forgiveness from and reconciliation with those people first. Yom Kippur also marks the end of the High Holidays, and thus offers the prospects of a fresh start and an opportunity to do better than we did the year before.
While I’m well aware that President Obama is not Jewish (or Muslim—are people still really talking about that?), I’d like to invite him to participate, at least in spirit. And I think the timing is appropriate, because Yom Kippur falls approximately 100 days from the end of the Obama Presidency—leaving one final window of opportunity for the president while still in the Oval Office.
On his inauguration in 2009, newly-elected President Obama boldly proclaimed that “[a]s for our common defense, we reject as false the choice between our safety and our ideals.” Human rights advocates hailed his election and speech as the dawn of a new, promising era of progress on human rights. The past eight years haven’t necessarily lived up to expectations.
So, with little more than 100 days left in the Obama Presidency, I have two hopes. First is that he is reflecting on shortcomings (e.g., no human rights treaty was ratified while he was in office; even President George W. Bush managed to achieve ratification of two human rights treaties). Second is that he will use these final 100 days to do better. Yes, I know he faces significant opposition in the Senate (the Senate’s failure to approve the Convention on the Rights of Persons with Disabilities was deeply disappointing). But at the risk of sounding naïve, if you aren’t willing to try to advance the ball on human rights when holding arguably the most powerful position in the world, when is the right time?
The “To Do List” for human rights is lengthy. But here are three options for President Obama that can be done within 100 days:
- End the federal government practice of confining migrant children in detention centers. No six-year-old who has fled violence in search of safety should be “welcomed” by being incarcerated. A recent essay by Wendy Cervantes at First Focus sheds light on this practice.
- Ban child labor in tobacco production. The adverse health consequences of tobacco use are well known. Less well-known is the harm inflicted on those who work in tobacco fields, particularly children. In August 2016, 110 organizations called on President Obama to protect children from “acute nicotine poisoning and other health and safety hazards faced by children working in US tobacco fields.” (click here for the letter to President Obama from the Child Labor Coalition and other organizations).
- 3. Send the Convention on the Rights of the Child (CRC) to the Senate. The U.S. is now the only country in the world that has not ratified the CRC. This is the closest any human rights treaty has come to universal acceptance. Since the U.S. signed the treaty in 1995, no President has taken further action. No one can prevent President Obama from forwarding the treaty to the Senate for its advice and consent. Are there sufficient votes in the Senate now for ratification? Probably not. Might some Senators object? Probably. But it’s President Obama’s decision, and sending the treaty to the Senate would be a step forward.
These three opportunities all have two important things in common: First, President Obama has the power to act on all of these. Second, all three steps would help move the United States in direction of ensuring the rights and well-being of children. It’s time for action.
Thursday, June 30, 2016
Even amidst the barbeques, beach trips, and sales during 4th of July weekend, most Americans are quick to declare proudly that July 4th is about our independence, our freedom. However we choose to celebrate/observe the holiday, I think we ought to spend some time asking, independent or free to do what, to be what.
To be clear, though history matters, I am not suggesting we ask what the signatories to the Declaration of Independence wanted, because we know that they permitted, and in some cases embraced, certain ideas we now reject (read: slavery, no voting rights for women, etc.). Independence means we can choose what type of society we want to create.
My wish? I want to live in and contribute to a society that elevates every child and is committed to protecting and ensuring the rights and well-being of all children. On that front, we have a long way to go, as evidenced by the newly-released State of the World's Children report, published by UNICEF. The annual report has sobering news for those who care about children around the globe. And it shows that the United States has work to do as well. Sure, the United States is performing better than many other countries, but the comparative analysis is not the full picture (after all, what parent of a sick child would willingly accept substandard health care for their child, simply because the provider said, well, in Somalia, some kids have no access to care at all). That the U.S. does better than other poorer countries is not anything to celebrate.
We shouldn’t use comparisons to make ourselves comfortable. Instead, we should see them as an indication of what’s possible. So, for example, with respect to infant and child (under-5) mortality, 43 countries with lower rates than the United States show that progress is possible. The U.S. is tied for 44th with Malaysia, Serbia Slovakia, and the United Arab Emirates. And our progress has slowed: in 1990, Cuba’s infant mortality rate was higher than the U.S. rate; they have improved and now do better than the United States.
Each year, the State of the World’s Children report centers around a theme issue; this year, it was inequity. The United States again stood out, for the wrong reasons. UNICEF reports:
- In some rich countries, children from different backgrounds face starkly unequal prospects. For babies born [in the U.S.], the odds of survival are closely linked to ethnicity: In 2013, infants born to African American parents were more than twice as likely to die as those born to white Americans.
- [D]isparities are reflected dramatically at the state level. The infant mortality rate of the state of Mississippi in 2013, for example, was double that of the state of Massachusetts.
And infant mortality is just the beginning. A child’s survival does not guarantee it will have the opportunity to develop to his or her full potential. The Declaration of Independence famously asserts that “all men are created equal.” It seems hard to believe that they intended this literally—equal only at the moment of birth, but thereafter we should be okay with significant inequity in survival rates, access to health care and education.
Of course, children are not the only area where human rights work remains. But success in ensuring children’s rights and well-being is foundational to creating a society where young people can realize their full potential and grow into adults who are empowered to realize their rights and contribute to their communities.
We’re not there yet. But as it’s been 240 years since the Declaration of Independence, it might be time to move a little faster.
Wednesday, June 1, 2016
For many, the arrival of summer conjures up memories of childhood adventures (or, for parents, images of their children playing and exploring). Play and leisure are not typically associated with human rights, but they are part of human rights law and important to children’s growth and well-being.
In fact, the “right to play” is intertwined with other important rights, as Article 31 of the Convention on the Rights of the Child states:
‘1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
- 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.’
Play, rest, leisure, and participation in family and community cultural life are all connected. This idea is not new to human rights. The Universal Declaration of Human Rights, adopted in 1948, states in Article 24 that: “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.” In other words, a similar concept was recognized in the foundational document of the human rights movement. Though the drafters of the Universal Declaration and the early international human rights instruments tended to have adults in mind, children are people too. The Universal Declaration applies to children fundamentally because human rights do not depend on governments granting rights; individuals have rights because they are human beings.
While rest and leisure are important in the labor rights context for adults, opportunities for leisure and play are even more critical for children. As Dr. Kenneth Ginsburg explains in an article in Pediatrics:
‘Play allows children to use their creativity while developing their imagination, dexterity, and physical, cognitive, and emotional strength. Play is important to healthy brain development. It is through play that children at a very early age engage and interact in the world around them. … Undirected play allows children to learn how to work in groups, to share, to negotiate, to resolve conflicts, and to learn self-advocacy skills…. Play is integral to the academic environment…. It has been shown to help children adjust to the school setting and even to enhance children’s learning readiness, learning behaviors, and problem-solving skills.’
In short, play contributes in a multitude of ways to the healthy development of the child and can improve a child’s capacity to realize his or her right to education.
Evidence of the importance of play and the rights to rest, leisure and play reinforce two important themes. First, all rights matter: the fulfillment of every right can contribute to the development and well-being of children. Second, there are many ways to support and help realize human rights for all: to create safe environments for children to play and explore their world is to advance human rights.
Tuesday, May 3, 2016
Although the United States stands alone as the only country that has not ratified the Convention on the Rights of the Child (CRC), it has ratified two of the three Optional Protocols to the CRC – one on sale of children, child prostitution, and child pornography and the other on the involvement of children in armed conflict. And the time has come for the U.S. government to be reviewed again under the Optional Protocols. The formal session with the U.N. Committee on the Rights of the Child and the U.S. government is set for May 2017. While that might seem far away, the U.S. government has already submitted its report (available here) on both optional protocols to the U.N. Committee on the Rights of the Child. For NGOs working on these issues, the deadline for alternative reports is July 1, and the Pre-Sessional Working Group with NGO representatives is scheduled for October 3-7, 2016. ECPAT-USA is again coordinating the lead alternative report under the Optional Protocol on the Sale of Children. Similar efforts are underway on the Optional Protocol on Children in Armed Conflict.
As noted in a previous blog, the review process presents a critical opportunity to advance law, policy, and programs aimed at ensuring children’s rights and well-being.
As the process evolves and, ultimately, as post-review action gets underway, I will continue to provide updates.
Wednesday, April 6, 2016
I recently returned from the Global Summit on Childhood in San Jose, Costa Rica, where hundreds of educators had gathered to explore innovative ways to foster child development and learning. Home to the UN-mandated University for Peace and the Inter-American Court of Human Rights, Costa Rica—which also abolished its armed forces constitutionally in 1949—was a fitting location to reflect on and exchange creative ideas about educating young people. And it provided numerous reminders of the importance of human rights education.
Though it often receives less public attention than human rights litigation and policy initiatives, human rights education has been a part of international human rights law since the adoption of the Universal Declaration of Human Rights. Article 26(2) of the Universal Declaration reads: “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.”
Subsequent human rights treaties—from the International Covenant on Economic, Social, and Cultural Rights to the Convention on the Rights of the Child—all mandate and reinforce the importance of education aimed at strengthening respect for human rights, tolerance, and peace.
Human rights education, however, means more than educating about human rights. The UN Declaration on Human Rights Education and Training, adopted in 2011, establishes that human rights education encompasses three critical concepts:
(a) Education about human rights, which includes providing knowledge and understanding of human rights norms and principles, the values that underpin them and the mechanisms for their protection;
(b) Education through human rights, which includes learning and teaching in a way that respects the rights of both educators and learners;
(c) Education for human rights, which includes empowering persons to enjoy and exercise their rights and to respect and uphold the rights of others
In short, creating rights-respecting learning environments and educating individuals in ways that empower them as human rights actors are as important as transmitting knowledge of human rights norms.
It is critical that human rights education receive greater attention and be incorporated more broadly in school curricula in the United States and elsewhere. Research on human rights education demonstrates its capacity to produce numerous positive outcomes for children and adolescents, including an improved sense of self-worth, increased empathy, and a reduction in bullying and harmful behaviors in classrooms. In the end, if people are not taught about their rights and the rights of others, how will they be able to realize their own rights or effectively advocate for others?
For additional resources on human rights education, click here.
Tuesday, March 1, 2016
Early childhood is widely recognized as a critical stage of development. Yet it’s also a stage during which children receive relatively little focus in the public domain. Most children’s early years are spent in the home, largely beyond the reach of law which historically has sought to retain a public/private divide. Yet waiting until children enter the public sphere (by starting school) before attending to children’s rights runs the risk of leaving millions of children at a disadvantage. This is not a call for government interference in the family, but rather a reminder of the state’s obligation to support children’s rights and well-being from birth. And advancing children’s rights means supporting parents and families, so they can provide for their children and ensure their children’s full development.
Supporting early childhood development means accounting for the interrelated and interdependent nature of rights. Not only does the realization of particular rights depend on the fulfillment of others—for example, children’s education rights depend, in part, on realization of their health rights—but the rights of certain individuals are tied to the rights of others. The rights of children and the rights of their parents are linked in this way. Many other governments have acknowledged the indivisible nature of rights and adopted holistic responses to the challenges facing families. Conditional cash transfer programs, which provide funding to families tied to conditions related to health and education, such as regular health care appointments for children and maintaining children’s enrollment in school, offer one example.
In many countries, conditional cash transfer program alleviate some of the financial pressure on low-income families to have their children work rather than attend school. By doing so, these programs help advance children’s health and education rights, while protecting kids from labor exploitation. At the same time, these payments can help bolster the family’s financial security, alleviating pressure on women in particular to pursue riskier employment, thereby supporting women’s labor rights. Brazil has arguably the most well-known program, Bolsa Família, which has provided assistance to millions of families. With women constituting over 90% of the beneficiaries, the program has also had a positive impact on children, “increas[ing] school attendance and grade progression.”
Holistic approaches to the rights of children and their families make sense. One bill recently introduced in Congress advances this approach. Earlier this month, Senator Bob Casey (D-PA), Rep, Joseph Crowley (D-NY) and Rep. Lois Frankel (D-FL) introduced the Child Care Access to Resources for Early-learning Act (Child C.A.R.E. Act) H.R. 4524/S. 2539. The legislation would help guarantee affordable, high-quality child care for working families earning up to 200 percent of the federal poverty level. Guaranteeing access to high-quality child care would simultaneously help advance children’s development while alleviating employment and other economic pressures on working parents.
With sixty-five percent of children under 6 years old living either in families with both parents working or with a single parent working, quality child care is critical both to children and their parents. This bill deserves support, as do other efforts to develop holistic programs that account for the rights of children and their families.
For more on the bill, click here.
Wednesday, January 6, 2016
In Human Rights in Children’s Literature: Imagination and the Narrative of Law, Todres and Higinbotham identify the ways in which human rights discourse appears in children’s literature, and how children’s books thus teach children about their rights and the right of others. The authors conclude that children’s literature is an “important cultural transmitter” of human rights concepts to children. Todres, a law professor at Georgia State University School of Law (and a co-editor of this Blog), and Higinbotham, a Postdoctoral Fellow at the Georgia Institute of Technology, base their conclusions, in part, on a study they conducted with school aged children. In the study, they found that kids readily identify and grasp human rights messages contained in the books they read.
The book is prompted by Article 42 of the UN Convention on the Rights of the Child (CRC), which contains the obligation to make children’s rights “widely known,” as well as social science research indicating that human rights education has a positive impact on learning, civic engagement, and social behavior.
Throughout the book, the authors explore numerous examples of the ways in which both classic and more recent children’s books convey core concepts contained in the CRC. Dr. Seuss’ Horton Hears a Who! and Yertle the Turtle are examined for the important lessons they impart about dignity, the universality of rights, and children’s right to participation. The Day the Crayons Quit, by Drew Daywalt and Oliver Jeffers, illustrates the ways in which children’s literature can transmit and teach key human rights principles of best interests of the child and non-discrimination. The book contains counter examples, as well, including Cinderella and Curious George.
Interdisciplinary in its approach, Human Rights in Children’s Literature weaves together children’s rights law, children’s literature, human rights theory, human rights education and research, and literary theory. Chapters within the book are organized around the core rights and principles contained in the UN Convention on the Rights of the Child, including participation rights, non-discrimination, right to family and identity, children’s civil and political rights, the best interests of the child, and the right to life, survival, and development, among others.
For those working to bring human rights home, the book offers important and unique insights on the role that children’s literature can play in shaping a culture of human rights, near and far.
Tuesday, January 5, 2016
Approximately one-quarter of the U.S. population is restricted from voting in elections, entering freely into contracts, and exercising control over important decisions about their own health. These denials would offend the sensibilities of almost anyone if the population in question were adults, but because they are children, little objection is voiced.
Of course, children are different. The developmental nature of childhood necessitates a more nuanced understanding of children’s rights, balancing protection and care with emerging autonomy. Thus, the liberal rights tradition built on the autonomous individual is at times an awkward fit for children’s rights, especially in the case of young children. However, the fact that children’s rights are different does not mean they are non-existent. Rights are inherent. And too many children in the U.S. experience poverty, homelessness, maltreatment, and exploitation. These rights violations demand a response.
While the United States famously continues to be the only country in the world that has not ratified the U.N. Convention on the Rights of the Child, a home-grown effort is underway: a push for a national children’s bill of rights. Last Fall, Representatives Karen Bass (D-CA), Judy Chu (D-CA) and Luis V. Gutiérrez (D-IL) a House Resolution calling for passage of a Children’s Bill of Rights. The Children’s Bill of Rights, which First Focus—a bipartisan organization that advocates on behalf of children and families—has championed, would establish that every child in the U.S. is entitled to measures that ensure their physical, social, and emotional well-being. It also would establish that children are entitled to an education that would enable them to reach their fullest potential and be prepared as adults to contribute to their families and communities.
The Children’s Bill of Rights would cement our commitment to ensure that children have what all (or nearly all) parents would wish for their children anyway: protection from harm, a relationship with caring parents, access to a safe, quality learning environment, and appropriate health care when needed. It deserves everyone’s support.
So with the New Year, perhaps our collective resolution should be to guarantee that no child is left behind—not in the political slogan-sense of the word, but rather undertaking a genuine commitment to reach every child and secure his or her rights. A national Children’s Bill of Rights would be a good start.
Thursday, November 19, 2015
November 20th is Universal Children's Day. The U.N. established Universal Children's Day in 1954 to create a day of “activity devoted to the promotion of the ideals and objectives of the [U.N.] Charter and the welfare of children of the world.” Worthwhile goals, but as there are now more than 125 international observance days, it is fair to ask whether Universal Children’s Day makes a difference.
Universal Children’s Day presents an opportunity to reflect on both progress made and work still to be done. Since the adoption of the U.N. Convention on the Rights of the Child—the most comprehensive treaty on children’s rights and well-being—on November 20, 1989, significant progress has been made on behalf of tens of millions of children around the world. Yet much more work remains. The data on infant and child mortality rates reflects this: globally, the number of deaths of children under five declined from 12.7 million in 1990 to less than 6 million in 2015. That’s vital progress, as many children now realize their most precious right—to life and survival. Yet more than five million young children still die each year, largely due to preventable causes.
But Universal Children’s Day can be much more than a day to raise awareness. It can be a day of action, a launching point for initiatives that accelerate progress on children’s rights and wellbeing. What might that look like? I have three suggestions.
First, if you are President of the United States, send the Convention on the Rights of the Child (CRC) to the Senate for its advice and consent. The CRC is the most widely accepted human rights treaty in history. There are 196 parties to the treaty; the U.S. is the only country that hasn’t ratified it. The CRC has helped foster progress on law, policy, and programs aimed at improving children’s well-being and securing children’s rights. The U.S. signed the treaty in 1995, but it has taken no action since then (ratification is necessary to make a treaty legally binding).
Under U.S. law, treaty ratification requires to the advice and consent of two-thirds of the Senate. Speculation about the level of support in the Senate is understandable, especially after the Senate failed in 2012 to achieve two-thirds support for the Convention on the Rights of Persons with Disabilities (it fell five votes short). But such questions are also premature. The future of the CRC in the United States lies entirely in President Obama’s hands, because the Administration hasn’t even sent the CRC to the Senate for its consideration. On Universal Children’s Day, the President can move the CRC forward by sending it to the Senate.
Second, if you are the CEO of a company, figure out how your company’s expertise or skill set can advance the rights and well-being of children. When the United Arab Emirates faced a problem with trafficking of young boys to serve as camel jockeys (the boys, many as young as five or six years old, were confined in unsanitary conditions, underfed, and often suffered serious injuries in races), it was a Swiss company that helped provide part of the solution. It invented a robot jockey, eliminating the demand for trafficked boys. Of course, technological advances can’t solve everything. Many young boys in Bangladesh, Pakistan, Sudan and Yemen who might have been trafficked to the UAE remain vulnerable to other harms. But the point is not that the private sector has to do everything. Rather, it’s that innovative solutions are needed, and the private sector can make a difference. UNICEF has been building innovative partnerships to improve health, education, and social protection. Companies across all sectors can support this and other similar work. So Universal Children’s Day is an ideal day for CEOs to figure out how their company’s skillset can advance child well-being.
Third, if you are the head of a household, talk about human rights with your children. Rights are inherent. That means children, like adults, possess them. They are not left to governments to decide whether to grant them to individuals at age eighteen. Parents and caregivers are trustees of those rights as children grow and develop. The CRC recognizes the critical role of parents and families in nineteen provisions of the treaty. Children confront rights issues early – in both their day-to-day lives and in the imaginative spaces created for children, such as their favorite books. Though children, especially young ones, might not talk about rights issues using human rights language, they understand rights issues. Parents and other caregivers can play a critical role in guiding and supporting children as they explore questions about their own rights and their responsibilities to respect the rights of others. Universal Children’s Day offers a wonderful opportunity to start to engage children in a dialogue about rights and to explore ways to make their communities more child rights supportive.
In short, whatever role you play in your family, community, or country, you can use your unique position, knowledge, or skills to advance the rights and well-being of children. By doing so, Universal Children’s Day can be the start of a more supportive approach to children’s rights and child well-being.
Tuesday, November 3, 2015
The U.S. government recently announced a consultation with civil society on November 12 in conjunction with its next periodic report under the Optional Protocols to the Convention on the Rights of the Child. The U.S. ratified the Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict in 2002 and is preparing to submit its third report to the UN Committee on the Rights of the Child. This is an important, if often undervalued, opportunity to advance the rights and well-being of children in the United States.
I have been privileged to participate in both prior reviews of the United States under the Optional Protocol on the Sale of Children, including presenting testimony to the U.N. Committee on the Rights of the Child during its session with NGOs in advance of its meeting with the government. Those experiences show that the reporting process offers three significant opportunities for human rights advocates. First, the Committee takes seriously the views of NGOs. Often the questions, or List of Issues, that the Committee poses to a government reflects gaps highlighted by NGOs in their alternative reports or in their testimony to the Committee. Second, many of the Concluding Observations and recommendations for the government come from NGO input. Finally, the post-review process offers a critical opportunity to use the recommendations in advocacy at home. In prior reviews under the Optional Protocol on the Sale of Children, ECPAT-USA has coordinated the lead alternative report (full disclosure: I serve as child rights advisor to ECPAT-USA). Following both prior reviews, NGOs organized briefing sessions in various cities in the United States. After 2008 review of the United States, several NGO representatives (including ECPAT-USA representatives and me) spoke at congressional briefings in the Senate and House of Representatives. Subsequent advocacy spurred the introduction of a bill that became the PROTECT Our Children Act of 2008. The law addressed some of the recommendations that emerged out of the reporting process (that process is described in more detail here). While that law isn’t perfect, it shows the potential that exists in the reporting process – the process can be successfully leveraged to advance human rights.
ECPAT-USA will again be coordinating the lead alternative report under the Optional Protocol on the Sale of Children. And again, there is an opportunity to further advance law and policy aimed at securing children’s rights and well-being.
Simply put, the reporting process is a built-in monitoring and evaluation mechanism for human rights. While the substantive provisions of human rights law are essential and provide the basis for our work, the procedural benefits of human rights treaties – notably the reporting process – should not be overlooked.
Friday, October 2, 2015
On October 1st, Somalia officially ratified the Convention on the Rights of the Child (CRC). Now every country in the world has ratified the CRC … except the United States. The United States had as much influence on the text of the CRC as any country – during the drafting of the treaty, the United States submitted proposals and revisions on 38 of the 40 substantive provisions of the treaty. Rights to freedom of speech and freedom of religion are included in the CRC because the U.S. government insisted on it. A review of all treaty provisions reveals that the CRC and U.S. law are largely compatible. Yet the United States remains the only country that resists the idea of accepting obligations to ensure the rights and well-being of every child subject to its jurisdiction.
Since the Convention on the Rights of Persons with Disabilities failed to achieve a two-thirds vote in the Senate in December 2012, the prospects of U.S. ratification of any human rights treaty haven’t seemed great. But progress on the CRC is entirely in the hands of the Obama Administration. The treaty has yet to be forwarded by the President to the Senate.
It’s time. While people might debate the negative consequences of reservations, understandings, and declarations (RUDs), the availability of RUDs negates any argument that issue X or issue Y is a barrier to ratification. The Obama Administration has an opportunity to move the CRC forward, and in doing so not only join the rest of the world but also show U.S. parents and children that the government cares about the rights and well-being of children.
Wednesday, September 9, 2015
Human trafficking is a gross violation of human rights. We know that victims and survivors experience physical, psychological, and emotional harm. Yet on August 18, 2015, the U.S. Court of Appeals for the Fourth Circuit overturned a trafficker’s conviction for “possession and use of a firearm in relation to a crime of violence,” when the crime in question was sex trafficking (U.S. vs. German de Jesus Ventura).
The relevant statutory language defines a “crime of violence” as “an offense that is a felony and—(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” 18 U.S.C. § 924(c)(3). The Fourth Circuit concluded that sex trafficking does not meet the requirements of section (A) because it can be committed “nonviolently—i.e., through fraudulent means.” As to section (B), the court stated first that “the relevant inquiry is whether there is a substantial risk that the defendant will use physical force against the victim in completing the crime” (as opposed to any other individual, say a purchaser of sex). And then the court concludes – in a footnote – that “we are not persuaded that the ordinary case of sex trafficking by force, fraud, or coercion involves a substantial risk that the defendant will use physical force as a means to commit the offense.” The Fourth Circuit doesn’t cite to any research in support of this conclusion. In fact, research suggests that the great majority of trafficking victims suffer physical injuries (On health consequences, see, for example, C. Zimmerman et al.; Todres).
This opinion is reminiscent of the Ninth Circuit’s opinion in U.S v. Castaneda (239 F.3d 978 (9th Cir. 2001)). In that case, three Filipina women who were lured to Saipan under false pretenses found themselves in a foreign country with little or no money and the legality of their presence in country tied to their place of employment. The women were forced by their employer to provide sex to men in a night club. Yet the Ninth Circuit questioned whether these women were coerced, noting “there wasn’t a gun put to their head,” and that they weren’t forced to line up for selection by male customers but only “instructed” to do so.
In these and other cases, courts fail to understand the experience of trafficking victims and other survivors of human rights violations. That Ventura will be left with a 30-year sentence, even after his Section 924(c) conviction is vacated isn’t a satisfactory answer. Why are courts failing to see the experience of victims of human rights violations for what it is? There may be a host of reasons, from deficiencies in the evidence presented to implicit bias. Whatever the reason, social science offers a potential answer: it can provide evidence-based research that can demonstrate the likelihood of physical violence by traffickers, or the impact of trauma might have on a victim’s decisions whether or not a gun is put to her head.
Many cases have benefitted from such evidence, dating back to the experiments of Drs. Kenneth and Mamie Clark in Brown v. Board of Education, and even earlier. Human rights advocates, and the populations they represent, would be well served by forging more partnerships with social science to ensure future courts cannot ignore the true experience of those who suffer human rights violations.
Tuesday, August 4, 2015
For most U.S. children, summer is a time of fun, a break from school. While play is important for physical, cognitive, and emotional development, summer does have its downside: summer learning loss. Research consistently finds that during the course of the summer, students of all ages forget some of what they learned and regress. Evidence suggests that summer learning loss equates to at least one month of instruction assessed by grade level equivalents. Student knowledge declines more in mathematics than reading, perhaps attributable in part to the greater emphasis on summer reading lists in some areas. Equally important, the summer learning loss exacerbates the achievement gap: “The meta-analysis revealed that all students, regardless of the resources in their home, lost roughly equal amounts of math skills over summer. However, substantial economic differences were found for reading. On some measures, middle-class children showed gains in reading achievement over summer, but disadvantaged children showed losses. Reading comprehension scores of both income groups declined, but the scores of disadvantaged students declined more.” (see Harris Cooper).
This is not a call for year-round schooling. Rather the summer learning loss and achievement gap are important reminders of the many challenges we face in the human rights arena. Making human rights meaningful requires attention to subtle factors that have significant effects. Children have the right to education, which includes a mandate on the state to make primary education “compulsory and available free to all” and secondary education “available and accessible to every child” (CRC, article 28). In developing countries, waiving school fees makes education accessible for a huge number of children, yet more hidden costs – books, uniforms, transportation, etc. – can leave the most marginalized children still without consistent access to education. Similarly, here in the U.S., free public education might provide access during the academic year, but that education is made less meaningful if disadvantaged children are falling further behind their peers each summer. From a human rights perspective, this means that technical compliance with human rights treaty language might not capture all that is essential to children seeking to realize their education rights or other rights.
The nondiscrimination clause of human rights treaties is particularly relevant in this context. It imposes an obligation on states to ensure that all children have equal access to education and other opportunities. As human rights researchers and advocates, our job is to uncover the multitude of barriers—big and small—to the full realization of rights, especially for vulnerable populations, and to ensure that government responses to human rights treaty obligations go beyond technical compliance to secure the full rights of every individual.
Tuesday, July 14, 2015
Yesterday's post addressed several resistance actions taken by individuals and groups who disagree with the outcome of Obergefell v. Hodges. Today's post considers some strategy considerations in proceeding with future litigation.
Obergefell has its limitation for sure, as Jeremiah Ho wrote here. While in deciding Obergefell, the court relied on both due process/fundamental rights and equal protection grounds, the Court stopped short of finding sexual orientation as a quasi-suspect or suspect class. That leaves us to ponder the future of equality litigation, particularly that addressing the suspect class issue.
As an initial matter, governmental gender orientation discrimination must be resisted as it arises. The consequences of systemic discriminatory policies are significant and far reaching. Clerks who resist issuing marriage licenses to same sex couples deserve an immediate response. Enforcement in government policy arenas is a priority so that the reality of marriage equality can be achieved.
Resistance by governmental entities is best dispatched promptly. Today's announcement that the Department of Defense will seek a plan whereby transgender soldiers can serve openly signals a relatively quick denouement for federal restrictions based on gender identity.
The Colorado wedding cake case has heightened significance following Obergefell. As noted yesterday, if decisions are based on state constitutional grounds, success for the plaintiffs may be within reach. However, for those who argue that gender identification must be designated a suspect classification under the federal constitution, careful thought is needed as to who will be the named respondents in future lawsuits. For several reasons, governments and large corporations may be the best targets of future gender identity and sexual orientation litigation. Individuals and small businesses may find themselves in a favorable position post-Hobby Lobby.
Secondly, if those who are not cisgendered want to assist in creating community acceptance for all gender identities, providing some litigation breathing space might be the best approach to countering resistance from individual community providers, such as wedding service vendors.
Justice Roberts' suggestion that plaintiffs would be better off waiting for their neighbors to accept change is naïve and idealistic. Read Jonathan Todres' analysis here. But we can provide an opportunity for marriage equality to find solid ground in communities without threats of lawsuits. A no-litigation pause can help. The fact is that change has already occurred. Obergefell saw to that. Giving our neighbors an opportunity to incorporate that change without the threat of litigation might be the best approach for community acceptance and changing social (and ultimately legal) norms. Whatever resistance remained in Massachusetts following the Goodridge decision dissolved in short order when businesses realized that a new source of income had been created.
How long should the pause be? No one has that answer. But we will soon. Each individual will be able to assess how acceptance is created, or not, in his or her own community. There are other suitable strategic lawsuits to be considered in advancing gender acceptance and elevating gender identity to suspect class status.
In the meantime, family law attorneys and wedding planners can rejoice in having been handed a new revenue stream.