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.
In 2017, the United States of America turned its back on refugees. History will judge us poorly, but that’s no consolation for the children, women, and men fleeing war zones today, thinking America represents safety and freedom. So while the Statue of Liberty boldly declares, “Give me your tired, your poor, your huddled masses yearning to breathe free,” the U.S. government has abandoned that ideal. In 2017! But this essay is not about Pres. Trump’s executive order, or the extraordinary responses by so many lawyers and other citizens who stood up for the rights of refugees and Muslims. It’s about the more deeply-rooted beliefs that allow such an executive order to come to fruition in the first place.
The executive order reflects a particular world view, an understanding of the world built on a tiered othering. Demonizing an entire people based on their country of origin or religion is only possible when we refuse to recognize their humanity. From the slave trade to World War II portrayals of the enemy to human trafficking narratives, racialized, spatial, gendered, and class-based forms of othering have enabled laws and acts that violate the rights of certain individuals.
I lived in New York City at the time of 9/11. I vividly remember the horrors of that day and its aftermath. I will never forget the smells, the missing person signs all over my neighborhood in the days that followed, the burnt office paper scattered on my block. But what I also remember is one of the most extraordinary expressions of humanity: Muslims, Jews, Christians, and others coming together for a candle light vigil in my neighborhood a few days later. I recall hearing about attacks on Muslims in parts of the country nowhere near the terrorist attacks. And I don’t recall a single such incident in New York City. Because we were neighbors, we saw the humanity in each other. The terrorists were just that. Everyone else in the neighborhood was a neighbor, a New Yorker, an American.
It’s hard to think about the long game when there are so many pressing crises that threaten the rights, and even survival, of millions of people right now. At some point, however, we must develop a meaningful response to these underlying attitudes. The Universal Declaration of Human Rights asserts that education “shall be directed …to the strengthening of respect for human rights and fundamental freedoms…[and] shall promote understanding, tolerance and friendship among all nations, racial or religious groups.” Education is critical. And we need to be innovative in our approach; it cannot be limited to formal classroom settings.
Literature and other art forms offer important spaces through which viewers can appreciate and understand the humanity of others. Explaining his approach to writing children’s books, Walter Dean Myers stated that when he wrote about poor inner-city children, he wanted “to make them human in the eyes of readers and, especially, in their own eyes. I need to make them feel as if they are part of America’s dream, that all the rhetoric is meant for them, and that they are wanted in this country.”
As Walter Dean Myers highlights, othering occurs not just with people in distant lands, but also with marginalized populations in cities and towns across this country.
My father used to say “America is the second best country in the world. There is no number 1, yet.” In other words, greatness is achievable only by acknowledging our own flaws and working to address them. The problem with othering is not only that it results in devaluing the Other, it also fosters characterizations of the Self as virtuous and without fault.
When we turn our back on others, be they refugees or children living in poverty in the United States, we are anything but virtuous.
Action is urgently needed to avoid repeating the awful choices of prior generations that we now condemn. But we also must build a sustainable movement that teaches tolerance and respect for one another, so that we can end the cycle of human rights abuses.
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.
I was delighted to be a guest on the Janice and Cory Show on Roundhouse Radio in Vancouver, Canada, to discuss human trafficking. To listen to the interview, click here.
From ruthless mobsters to drug kingpins to serial killers, evil characters are often plucked from real-world events. As human trafficking has garnered more attention, it was inevitable that the issue would hit the big screen. Traffickers, after all, are your quintessential villains. They enslave and exploit human beings for profit.
Today, a growing number of films portray a hero taking down a human trafficking ring.
The Taken series, in which Liam Neeson plays an ex-CIA operative with “a very particular set of skills,” is arguably the best-known example. In the first installment, Neeson has 96 hours to rescue his daughter from an Albanian sex-trafficking ring in Paris that abducts young girls, drugs them and sells them to Middle Eastern sheikhs. He succeeds, of course, in supporting-cast-obliterating fashion.
In Human Trafficking, an earlier made-for-television movie, Mira Sorvino plays a New York City police officer who goes undercover to take down a Russian trafficking ring.
And in The Whistleblower, which is based on a true story, Rachel Weisz plays an American working as a UN peacekeeper in postwar Bosnia and Herzegovina who uncovers a trafficking operation.
These movies have helped raise awareness of human trafficking. But there’s one problem. As my research shows, Taken, The Whistleblower and Human Trafficking propagate and reinforce several critical misunderstandings about trafficking.
All three films portray only sex trafficking of young women and girls. The movies depict Americans as heroes, and “others” – Albanians, Arabs, Russians – as villains. The Whistleblower offers a more nuanced picture with both an American hero and some Americans involved in the exploitation. Finally, in true Hollywood fashion, rescue represents the end of the story.
A viewer might leave these movies unaware that there is more than trafficking for sex, that labor trafficking also exists and that it occurs in numerous industries, from agriculture and manufacturing to restaurants and hair salons. Viewers might not know that men, women, boys, girls and transgendered individuals are all targets of human trafficking.
Viewers might also be misled into thinking that the problem is a foreign one, leaving them unaware of the role Americans play in human trafficking. In fact, some traffickers are American, and the U.S. drives demand for inexpensive goods like clothes and electronics, some of which is made possible by the work of exploited individuals.
Finally, moviegoers might have no idea that rescue is really only the beginning of an even more challenging process – assisting and supporting survivors in their recovery and reintegration into their communities.
Too much dramatic license
Why does this matter? This is Hollywood, after all. We know that James Bond does not represent the reality of life as a spy, despite the more battered, world-weary spin Daniel Craig has given him recently. But most of us don’t engage in espionage after a spy movie ends.
Human trafficking is different. As President Obama highlighted in a recent presidential proclamation declaring January national slavery and human trafficking prevention month, every sector of society can play a role in combating this problem.
The president echoed what many scholars and advocates like myself have emphasized: a comprehensive, multisector response is needed to prevent human trafficking.
This effort requires that people know not just that human trafficking exists, but exactly what it is.
As with other violent crime, only a fraction of the population has any personal experience with human trafficking. Few individuals have talked with a survivor about his or her experiences, and not many have read the existing research on human trafficking. Most of the public garners much of what they know about human trafficking from media portrayals of the issue. This includes some individuals now working on anti-trafficking initiatives. I’ve listened to scholars and advocates at conferences praise these movies without mentioning their inaccuracies. It seems even the savviest among us believe more from the media than we discard.
If popular portrayals of human trafficking shape what advocates and the general population understand about the issue, then they will also shape what people advocate for. And federal and state law and policy on human trafficking reflect many of the same distortions found in films on human trafficking.
Beginning with the Trafficking Victims Protection Act in 2000 and continuing with dozens of laws adopted at the federal and state level since then, the law on human trafficking has centered primarily on criminal law, reflecting the “rescue” narrative. Such law enforcement is necessary but not sufficient. Other critical components – prevention and services for survivors – have received much less in the way of resources.
The depiction of young women and girls trafficked for sex as the quintessential victims has shaped law enforcement efforts, leading to a prioritization of combating sex trafficking of women and girls over labor trafficking or the plight of exploited men, boys and transgendered individuals.
When media portrayals show only sex trafficking of women and girls, the risk is that labor trafficking and other vulnerable and exploited individuals do not receive the attention they need. In fact, research by the International Labor Organization and other organizations suggests that the number of labor trafficking victims may well exceed the number of sex trafficking victims.
In addition, current anti-trafficking law and advocacy continues to pay too little attention to the root causes of this exploitation. The lack of emphasis on prevention reflects the popular notions that “rescue” is what is needed. It also indicates an unwillingness to acknowledge that mainstream U.S. culture and consumerism contribute to the demand for the goods and services provided by exploited individuals. In contrast to Hollywood portrayals, the reality is that the food we eat and the clothes we wear may well be produced by trafficked labor.
What we can do
Of course, Hollywood is not going to stop making action movies. But we can do a better job of calling attention to the disconnect between cinematic portrayals of human trafficking and the reality of the problem. The desire to keep celebrities engaged in particular social issues is understandable given the attention they can bring to an issue, but it should not mean remaining silent in the face of inaccurate or unbalanced portrayals.
Ultimately, it is critical that policymakers and advocates have access to and rely on evidence-based research and survivor perspectives on human trafficking so that they can develop responses that are likely to make a difference.
January is National Slavery and Human Trafficking Prevention Month. Despite the tireless efforts of many, as President Obama statedin 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.
There is growing recognition and evidence that health care professionals regularly encounter—though they may not identify—victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to imposing a legal mandate, the law can inform ethical considerations about how health care professionals should respond to human trafficking.
Click here for the full article, published in the AMA Journal of Ethics (January 2017).
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 have to make 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.
There is growing recognition of the need for more evidence-based research on child trafficking. However, such research raises important legal and ethical questions.
In a new essay for JAMA Pediatrics, my colleague, Leslie Wolf and I examine some of the legal and ethical issues in conducting research on child trafficking.
Click here for a link to the article on the JAMA Pediatrics website.
“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).
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).
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.
Also published on First Focus, a national nonpartisan advocacy organization dedicated to making children and families the priority in federal policy and budget decisions.
I was delighted to be a guest today on City Lights with Lois Reitzes, on Atlanta's NPR Station. We had a wonderful conversation about my new book, Human Rights in Children's Literature: Imagination and the Narrative of Law (Oxford University Press 2016).
Yesterday (Sept 1, 2016), I was delighted to visit Emory Law and meet with students in Professor Barbara Woodhouse's children's rights seminar and to discuss Human Rights in Children's Literature. Prof. Woodhouse assigned our new book for this semester. We had a wonderful conversation about human rights in children's literature, human rights education, child participation, and many other critical issues. My thanks to the students for engaging the project so thoughtfully and to Prof. Woodhouse for the invitation and more generally for her wonderful work on children's rights.
At every stage in the legal process, from initial interactions with police to arrest, then prosecution, and trial, children face unique challenges navigating the legal system, due is significant part to the developmental nature of childhood. The idea that children are developmentally different and should not be held to adult standards has been affirmed by the U.S. Supreme Court in opinions abolishing the death penalty in juvenile cases (Roper v Simmons) and limiting the application of juvenile life without parole sentences (Graham v. Florida). Despite this emerging recognition of children’s developing capacities and their needs, many youth still confront having to make critical decisions without adequate access to counsel.
On September 12, 2016, the House of Representatives will host a briefing on children’s right to counsel. Sponsored by Rep. Karen Bass and co-hosted by the American Bar Association, the Children's Advocacy Institute, First Focus, and the National Association of Counsel for Children , the briefing will include testimony from experts from child welfare, immigration and juvenile justice about the critical nature of legal representation for children. Click here for more information and to register to attend the briefing.
For an important and informative human rights perspective on the issue, see Bernadine Dohrn’s recent article which urges the United States to recognize children’s need to have access to counsel prior to being questioned.
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.
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.
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.
The tragic consequences of bullying have become a regular part of the news cycle. In April, an eighth grade girl in Missouri and a sixth grade boy in Pennsylvania committed suicide. Bullying was an important factor, according to their families.
While such devastating cases understandably draw the most attention, they risk leaving the impression that bullying is an issue only in severe cases. In fact, bullying is pervasive and often causes harm. As awareness spreads that bullying is not just a childhood rite of passage but a significant public health issue, the demand for action has increased.
A breadth of actors, from federal agencies to state legislatures to schools, are grappling with how to address the problem. And now a new report by the National Academies of Sciences, Engineering, and Medicine – a leading independent research organization – provides critical insights into bullying’s consequences and what is needed for an effective response....
