What Do We Mean When We Talk About Human Rights?

What Do We Mean When We Talk About Human Rights?

 

“Human Rights.” It’s a term tossed around all too easily, a hollow piece of rhetoric practiced in the breach, a faux cliché uttered in fragile times. It’s a mantra lacking moral conviction and humane behavior, a way to cover the shame of failed promises, a salve without resolve spread by self-righteous, glib politicians at podiums and to the media. It’s a hollow claim that enables us to believe we are an “exceptional” country. It’s a lie in the face of multiple human tragedies in which we are complicit. These are tragedies that we fuel, facilitate, ignore, without asking ourselves how committed we are as a nation to the imperative of human rights.

I come to this awareness when I ask how it is that we condemn Russia’s or China’s or Myanmar’s human rights abuses against their people while continuing to sanction Israel’s human rights abuses against Palestinian people among them.

I come to it when I think about how we abandoned the people of Vietnam, Laos and Cambodia who helped us during that dreadful war, and then tried to do the same thing to the Afghan people who worked at the American Embassy or for American contractors and the American military, lessened in its shameful practice, but not eliminated only because of public outcries.

I came to it when we were silent about what Saudi Arabia has done in Yemen, and in its embassy in Turkey, and when our silence did not help end the atrocities in Syria. Of course, I understand the politics of non-action no matter where it occurs, but when politics trumps humanity I shudder.

I come to it when a kid is tased by cops for going through some bushes to see his girlfriend, and when black men are shot in the back and black women are shot in bed.

I come to it when women are denied agency over their own bodies and jailed for “infanticide” when they miscarry.

I come to it when we fail to make the connections between poverty, policy and practices, whether in schools, courtrooms, jails, or other institutions, for surely housing, food security, safety from judicial harm, appropriate quality healthcare, a decent and equal education, and a livable planet are all basic human rights.

Surely there is something inhumane about the Bezos and Zuckerbergs of the world accumulating billions of dollars of wealth while paying no taxes and the poohbahs of parliaments think earning a livable wage is too much to sanction and legislate.

The fact that almost seven million people in the world live in abject poverty according to World Vision-- often situational, generational or geographic -- while wealthy nations like ours look the other way, illuminates the hollow rhetoric of “human rights.” It is also shameful that the United States has the fourth highest poverty rate in the world– nearly 18 percent – and the largest income inequality gap in the world according to the Brookings Institution.

According to the United Nations Universal Declaration of Human Rights, a milestone document in the history of human rights, there are two kinds of human right violations: those committed overtly by the state, and those in which the state fails to protect against human rights violations. These violations can be civil, political, economic, cultural, or social in nature.  Civil rights include the right to life, safety, and equality before the law while political rights include the right to a fair trial and the right to vote.

Economic, social and cultural rights include the right to work, the right to education, and the right to physical and mental health. These rights relate to things like clean water, adequate housing, appropriate healthcare, non-discrimination at work, maternity leave, fair wages, and more.

Just take a look at that list of human rights and then try convincing me that we haven’t violated, and that we don’t continue to violate each and every one of them, all the while claiming that we champion “human rights.”

Nelson Mandela and Martin Luther King, Jr. are often quoted on the issue of human rights, reminding us of our failures to protect these rights. Mandela asked that we remember that “To deny people their human rights is to challenge their very humanity.”  Martin Luther King, Jr. admonished us to never forget that “A right delayed is a right denied.”

Mary Robinson, Ireland’s first woman president, asked us never to forget that “today’s human rights violations are the causes of tomorrow’s conflicts.”

Wise words, all. But how sad that we need to hear them over and over again, and that we still fail to instill them in our hearts and our policies.

For me, the words of Eleanor Roosevelt resonate most: “Where, after all, do universal human rights begin?” she asked. Her answer: “In small places, close to home - so close and so small that they cannot be seen on any maps of the world ... Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.

Would that we take to heart what she said at every level of our private and public lives.

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Elayne Clift writes about women, health, and social justice from Saxtons River, Vt.

The Urgency of Saving Roe v. Wade

She is sixteen years old and pregnant. Still in school and devoid of job skills, she would not qualify to adopt a child, yet she could be forced to carry the fetus to term.

 She is a mother who wants another child, but in the third term of her pregnancy she learns her fetus has severe organ anomalies and will die soon after birth, but she is denied a late term abortion.

 She is a victim of rape who suffers post-traumatic stress that renders her unable to work, but she will be forced to give birth.

 She has been sexually abused by her uncle for years and is now pregnant by him, but she cannot have an abortion.

 Each of these women represent many others. They are the elephant in the room that no one wants to talk about as the United States moves ever closer to draconian restrictions on abortion, and ultimately the death of Roe v. Wade, the landmark 1973 decision in which the Supreme Court ruled that the Constitution protects a woman's liberty to choose to have an abortion without excessive government restriction. 

 Ever since the Supreme Court’s decision a growing number of states have worked hard to promulgate laws and regulations that limit whether and when a woman can obtain an abortion. Restrictions aimed at reducing abortions are designed to challenge to Roe v. Wade in the hope it will be reversed.  They include such measures as mandating unnecessary physician and hospital requirements, setting gestational limits, preventing so-called “partial birth” (late term) abortion, promulgating funding restrictions, and insisting on state-mandated counseling, waiting periods, and parental involvement.

 But never have we seen abortion restrictions like those that now exist in 45 states, making 2021 a “year that is well on its way to being defined as the worst one in abortion rights history,” as the Guttmacher Institute notes.

 Various state laws from Arizona to Arkansas are a Handmaid’s Tale nightmare, but none are as staggering as the laws in Texas. Beginning in January this year, patients are required to receive state-directed counseling including information designed to discourage abortion, coupled with mandated wait times. There are constraints on various insurance policies including those included in the Affordable Care Act. Parental consent is required, and patients must undergo an ultrasound at least 24 hours before obtaining an abortion while the provide shows and describes the fetal image to the patient.  

 Further, in May, Texas governor Greg Abbott signed a fetal heartbeat abortion bill that bans abortion as early as six weeks, well before most women know they’re pregnant. That bill is scheduled to go into effect in September, although it and many other proposed laws are being challenged in the courts.

 No wonder Texan Paxton Smith, graduating valedictorian of her high school class, found her graduation speech going viral.  With enormous courage, she ‘aborted’ her approved speech and spoke eloquently, noting at the start that the six-week “Heartbeat Act” had just been introduced.

 “I cannot give up this platform to promote complacency and peace when there is a war on my body and on my rights. A war on the rights of your mothers, a war on the rights of your sisters, a war on the rights of your daughters. We cannot stay silent,” she told the crowd, noting that medical authorities have said the fetal heartbeat argument is misleading.

 Shortly after Smith gave her speech, a Spokane, WA newspaper revealed that several months earlier a woman who suffered a miscarriage in a Spokane hotel had been investigated by police who found it suspicious that she did not meet them at the hospital as they had instructed. A search warrant followed because the cops thought she might be guilty of criminal mistreatment of a child. Ultimately the investigation was closed.  But women are actually in jail here and in other countries, charged with feticide following a miscarriage. 

 It doesn’t have to be this way.  There are many models we can look to in which women’s right to exercise control over their bodies is not in the hands of the state. The Netherlands is one such country. Abortion is free on demand there and yet they have the lowest abortion rate in the world, while complications and deaths from abortion are rare. Contraception is widely available and free, and abortion is covered by the national health insurance plan. Sex education starts early, and Dutch teenagers have less frequent sex starting at an older age than American teens; their pregnancy rate is six times lower than ours.

 Why, then, but for Paxton Smith, do we never hear media reports about the critical issue of abortion, which male powerbrokers embrace with the force of institutionalized misogyny? Why does the current administration remain silent on an issue of this import when three quarters of Americans want Roe v. Wade to remain in place, citing it as a key issue affecting who will get their vote? Why is the American public so ready to give up on a fundamental human right that can touch all of us?

 Why, Ms. Smith might well ask, do we stay silent?

 

                                                

 

 

 

History as Prologue: The Shadow of a Continuing Crisis

It will come as no surprise that Liz Cheney is not on my short list of politicians I admire or wish to see in Congress. But she has done the right thing in calling out the “big lie” and promising to do all she can to keep Donald Trump away from the White House, literally or in terms of his influence over a terribly broken party. She is a canary in the coal mine. Would that others had the courage to follow suite.  

Most sentient beings on the planet breathed a huge sigh of relief last November when Joe Biden won the presidential election. We were even happier when he and his administration immediately began acting robustly on myriad issues. First came the well-chosen appointments, the flurry of executive orders reversing Trump’s perversities, then the big bills aimed at healthcare, infrastructure, economic recovery, climate change, income inequality, childcare, and more – all of which made Republicans in Congress and their Q-anon conspiracists cringe – and jump into action. 

A majority of states immediately flew into action to bring back Jim Crow with hideous voting rights restrictions. Protesters began to be arrested. Gun violence and hate crimes grew by startling percentages while white supremacist cops kept killing blacks. Arizona decided to hold yet another recount of the election results there, barring journalists from the hanger where counters tried mightily to spot bamboo in the ballots. (Proof that the party has gone crazy.) 

Republicans in Congress began their urgent campaign, articulated by Mitch McConnell, to stop any legislation proposed by the White House or Democrats in the House of Representatives. Ted Cruz, Lindsay Graham, Josh Hawley, and other deranged congressmen went on various rants grounded in lies and nonsense. Rand Paul accosted public health expert Dr. Anthony Fauci, accusing him of funding dangerous research in China (more proof of crazy). Vaccine conspiracies and anti-masking activists got really crazy.

All of this occurred post-January 6th when the unimaginable happened and an insurrection at the Capital that day sent America a clear message:  This country is not out of danger.

The fact is the real and growing possibility of living through the destruction of American democracy is not going away, it is growing. Donald Trump is now viewed as the head of the Republican party as he holds the feet of elected officials to the fire with his fierce, alarming grip on their futures. A significant number of regular Republicans continue to embrace the lies, mantras, and inconceivable theories spewed out daily by Fox News. Insurrectionists crawl out from under their rocks in droves. The Supreme Court is now a quasi-political body with a 6-3 conservative majority.

All this is terrifying in its implications. Like many others now, I grow more and more anxious by the day – so much so that I actually inquired about getting a British passport, which my husband and children hold.  I know that what happened in countries like Turkey, Egypt, Poland, Hungary, and others can happen here.

We are not immune from autocrats and dictatorship and we are not protected by our Constitution if it no long holds meaning for those in power. Our future is riding on the midterm elections next year, and the 2024 presidential election.

If you think I am needlessly hyperventilating, consider this: In 1923 Hitler mounted a failed coup. When he failed, his effort was treated leniently. A decade later he was Germany’s dictator. In 2021 Donald Trump inspired a failed coup. It too has been treated leniently by those who say we “need to move on.” Will he, or his appointed alter ego, be our dictator in less than a decade?

Ece Temelkuran, a noted Turkish journalist, wrote a book in 2019 in which she explains how Turkey’s President Erdogan came to rule that country. The book is called How to Lose a Country: Seven Steps from Democracy to Dictatorship. In the first chapter she writes, “Watching a disaster occur has a sedating effect. As our sense of helplessness grows along with the calamity, [we begin to feel that] there is no longer anything you can do. … global news channels jump in [for] the denouement It has been a long and exhausting [time], unbearably painful. It began with a populist coming to town. … A bleak dawn breaks.”

She goes on to draw comparisons between Turkey and what’s happening in the U.S. and elsewhere that are chilling: “It doesn’t matter if Trump or Erdogan or [the UK’s] Nigel Farage is brought down. Millions of people are fired up by their message and will be ready to act upon the orders of a similar figure. … These minions will find you, even in your own personal space, armed with their own set of values and ready to hunt down anyone who doesn’t resemble themselves.”

Temelkuran points out that this is not something imposed top down or by “the Kremlin. It also arises from the grassroot,” and she says wisely, “it is time to recognize that what is occurring affects us all.”

It is time, indeed, for America to realize what is occurring – and that it will affect us all.

 

How Much Longer Before We End the Massacre of Innocents?

As I watched the flag-draped coffin of the late Billy Evans, the second Capital Police officer to lie in state, descend from the Capital steps, I wept – and wondered how much longer we would find ourselves living in a country that has become so violent.

As I saw the photograph of the deceased Duane Wright holding his one-year old child and heard the wails of his aggrieved aunt, I also wondered how much longer we will go on living in such a violent country.

As I heard witness after witness in the trial of Derek Chauvin, charged with killing George Floyd, I asked myself again:  How much longer must we live with the massacre of black people, mostly men, by aggressive, out of control, incipiently violent police?  

And when I read David Gray’s stunning Facebook post I wondered again how much longer such hideous racist behavior would prevail?

Gray’s post was about his day, one in which he would take all manner of precautions to ensure that he, his wife and his child would make it through another day without being shot by police.  He would, he said, not take public transport. He would not hang an air freshener in his car, and he would double check his car registration status. He would be sure his license plates were visible, he would carefully follow all traffic rules, keep the radio down, forgo stopping at a fast food restaurant, forego prayer, and simply hope to God that his car didn’t break down.

His wife would take another set of precautions when she picked their young child up from daycare. They would not play in a park or go for an ice cream. Once the child was in bed, neither of his parents would leave the house to run errands or jog. “We will just sit and try not to breathe and not to sleep,” Gray wrote. And in everything he and his wife would do or not do, there was a name attached: Lt. Caron Nazario, Philandro Castro, Sandra Bland, Rev. Clementa Pickney, Elijah McCain, Tamir Rice, Ahmaud Argery, Breonna Taylor, and many more because of what had happened to each one of them.

But it isn’t only police violence that makes the burning question linger in my brain and bruise my heart. How much longer, I ask myself over and over again, must we live with so much violence that results in the massacre of the innocents?

Several days before I wrote this commentary a woman in Virginia was killed by a stray bullet. The same day eight people were also wounded by gunfire in a separate shooting, and a mother of six was fatally wounded in North Carolina while on an anniversary trip with her husband, shot in the head in a drive-by shooting in an act of road rage.

How can it be that we live in a country so barbaric that you take your chances just going grocery shopping, attending school, showing up at work, being on vacation, having a night out for drinks or dinner, or standing in your own backyard? How much longer can we live like that?

How did we become a banana republic in which our own house of parliament could be stormed by insurrectionists calling for the death of elected officials and a state congresswoman could get arrested for gently knocking on the governor’s door as he welcomed Jim Crow home? How did we reach the point where Asian Americans are beaten on the streets of America and trans kids are denied health care?  

Gun violence is not only a physical threat. It’s a public health emergency that threatens our emotional well-being and fills us with anxiety. Some of us get emotionally crazy. I actually ask my adult children to text me when they get home from being on the road, walking in the dark, jogging in the park, or working late at night.

According to the Gun Violence Archive as reported by the Washington Post, in 2020, gun violence killed nearly 20,000 Americans, more than any other year in at least two decades. The U.S. experienced the highest one-year increase in homicides since it began keeping records last year, and large cities saw a 30 percent spike in gun violence. Gunshot injuries also rose dramatically, to nearly 40,000.

This year, following the January 6th attack on the Capital, over two million guns were sold in January alone. That’s an 80 percent increase in gun sales and the third highest monthly total on record. All of this while the outdated Second Amendment is invoked in the 21st century, hundreds of years since muskets went out fashion and military weapons became vogue.

Writer Mary McCarthy once said, “In violence, we forget who we are.”  America, it seems to me, need not remember who we are so much; that would reveal the “400 year lie” that current writers admonish us to remember. Instead, America desperately needs to think about what we have become. Only then can the country heal, reinvent itself, and emerge from the darkness that is rapidly enveloping us.  Let us begin with a question: How do we stop the massacre of the innocents?


Building Better Calls For Bold Change

“How Far Should Biden Go?”  a recent piece in The Atlantic asked. The answer, in my opinion, is as far as he and his administration can over the next several years, keeping in mind all that’s on their plate. Atlantic staff writer James Fallow rightly underscored the need for prioritization and triage in planning, quoting the head of Jimmy Carter’s transition team James Watson: “You have to separate what must be done, soon, from all the other things you might want to do later in the administration.”

I’d like to see a number of issues tackled once the Biden administration has dealt with Fallow’s suggested priorities including “reversing the corrosion of the executive branch,” and instituting investigations into the horribly mismanaged Covid crisis, along with border policies that resulted in children being ripped from their parents, and the “negligent destruction of the norms of government, especially “the electoral process.”

It’s the norms of government that concern me most because many of those norms have resided in trusted tradition rather than codified law. That needs to end. Laws must be written that ensure we never reach another breaking point in our democracy.

The electoral process tops the list. As activist Joan Mandle says in a blog, “The lifeblood of our democracy is under threat from big private money in politics. Cynicism about politics and government is rampant.” The Citizen’s United decision by the Supreme Court allowing corporations to spend unlimited amounts of money on campaigns added to that cynicism along with a 2014 a Court decision that raised the limit of individual contributions to parties and candidates to a staggering $3 million, suggesting that “the Supreme Court has declared war on campaign finance reform”.

Pro-democracy movements have struggled to change the way election campaigns are financed in the U.S. for years. One model they look to is the UK’s financing of campaigns. http://www.loc.gov/law/help/campaign-finance/uk.php Since 1883 UK legislation has existed that prevents excessive spending by electoral candidates. Their system regulates campaign financing by focusing on limiting political parties’ expenditures and transparent reporting of donations received and election expenditures.

The Electoral College is another piece of the electoral process that needs revisiting. In short, it needs to be abolished. Designed to keep both small and large states happy in determining who became president, it also reflected racist and misogynist ideologies. Most importantly, it is arguably anti-democratic. We’ve lost two presidents who won the popular vote, Al Gore and Hillary Clinton, making a mockery of the “one man [sic], one vote” theory. Perhaps more alarming is the fact that Donald Trump lost the popular vote by nearly three million votes, yet he won the Electoral College by 74 votes and became president. According to the Brookings Institute, a majority of Americans have long opposed the College. This may be in part because income inequality and geographical disparities across states could mean the College over-represents the views of a small number of people because of its structure, as Brookings Vice President Darrell West points out.

Several other reforms are called for, including term limits for both Congress and the Supreme Court. Proponents of Congressional term limits argue that restricting the time a representative or senator may serve would prevent politicians from amassing too much power, thus become out of touch with their  constituents. Never was this more apparent than in the 116th Congress. (Opponents argue that elections are the way to limit terms but without campaign finance reform that is questionable.)

Advocates for term limits on the Supreme Court argue that the Court has become highly politicized along party lines, making a 5-4 or 6-3 Court dangerously partisan. A multitude of social justice and human rights decisions made by ideologues with lifetime appointments can spell disaster for key issues such as healthcare, reproductive rights, voting and civil rights, and more. Some analysts suggest well-defined 18-year terms as a way of restoring limits to what they call “the least accountable branch of government.” In September 2020 Rep. Ro Khanna (D-CA) introduced a bill establishing staggered 18-year terms for SCOTUS justices.

Presidential pardon power must also be checked. While that power can offer mercy, it has been abused, never more so than by Donald Trump. As Princeton professor Keith Whittington notes, “Future abuses could be remedied through a constitutional amendment that makes explicit a president cannot pardon himself, takes pardons of immediate family members off the table, requires that pardons be issues only after conviction, or that pardons cannot be issued during the lame-duck period after presidential election and before president-elect has been inaugurated.”

Finally, a series of codified laws, which have existed since 2000 B.C.E., the most famous example being the Code of Hammurabi written in 1700 B.C.E., which codified the belief in “an eye for an eye” https://study.com/academy/lesson/codified-law-definition-lesson.html, must replace our trust in tradition if democracy is to prevail and remain sustainable. As the last four years have demonstrated, bipartisan legislation is clearly required and urgently needed.

It’s a tall order, I know, but as James Fallows noted, there is a “never-ending mission of forming a more perfect union.” The time to begin that daunting mission is now.

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Elayne Clift writes about politics, women, and social justice from Saxtons River, Vt.