Blog of Rights

Seeking Justice through the U.N. Human Rights Committee

By Julie Ebenstein, ACLU of Florida at 10:13am

When the U.N. Human Rights Committee reviews U.S. compliance with the International Covenant on Civil and Political Rights (ICCPR) this October, the review will tackle many of the human rights violations plaguing Florida. Last week the committee released its list of issues, which will form the basis for the U.S. review, and demanded answers to questions regarding U.S. laws and policies in areas such as juvenile solitary confinement, felon disfranchisement, and discriminatory enforcement of criminal law. These human rights violations severely impact the lives of Floridians, but often evade court challenges or other domestic mechanisms of review.

The Sad State of Solitary in Florida: Is There Hope for this Human Rights Violation?

By Julie Ebenstein, ACLU of Florida at 3:59pm

The world got a glimpse this week into how the United States treats those we lock in solitary confinement, when the Inter-American Commission on Human Rights heard ACLU testimonies on how our treatment of vulnerable prisoners violates international human rights norms. The short story: we should be ashamed. For a more detailed picture, check back throughout the week for an ongoing blog series on the issue.

The United States has become a global outlier in its over-reliance on incarceration. Our soaring incarceration rates are, by now, a familiar statistic, expressed in any number of shocking formulas: the U.S. has less than 5 percent of the world’s population but over 25 percent of the world’s incarcerated people; the incarceration rate in the U.S. is four times the average for Western European countries; the U.S. incarcerates more people than South America, Central America and the Caribbean combined. In this era of mass incarceration, the racial disparities are staggering: one in four African-American children in the U.S. has grown up with a parent incarcerated.

President Issues Executive Order to Stop Human Trafficking in Government Contracts

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 5:56pm

Today, President Barack Obama signed an executive order that will give better protections to vulnerable workers employed by government contractors. The order, announced on the 150th anniversary of the Emancipation Proclamation, lays out new requirements for U.S. government contractors and their subcontractors operating overseas to prevent human trafficking and forced labor. In a powerful speech this morning announcing the order, President Obama recognized that U.S. tax payer dollars should never be used to support human trafficking, a form of modern day slavery. 

"Zero-Tolerance" on Trafficking Must Mean What It Says

By Allison Frankel, ACLU Human Rights Program at 4:54pm

U.S. officials have acknowledged that human trafficking is a problem of "crisis proportions," both outside and inside America's borders. Yet despite professed intent to end this scourge, including with the help of a "zero-tolerance, one strike approach," human trafficking remains a pervasive and ongoing problem in this nation. As part of ongoing efforts to combat the phenomenon, the ACLU and a coalition of anti-trafficking organizations submitted a written statement last week to the Federal Acquisition Regulatory (FAR) Council, urging the U.S. government to translate its words into actions.

Seeking a Second Chance: Children Sentenced to Life Without Parole Seek Justice Before International Tribunal

By Allison Frankel, ACLU Human Rights Program & Katie Haas, ACLU Human Rights Program at 12:47pm

By her thirteenth birthday, Barbara Hernandez had lived with an abusive, alcoholic father and been molested by her mother’s second husband.  At fifteen, Barbara dropped out of school and moved in with her boyfriend James, who beat her and coerced her into prostitution. Barbara’s life with James had taught her that she had two choices: obey him or face physical abuse.  So when James instructed her to buy him a knife and lure a man into their home, Barbara obeyed.  While she was in another room, James stabbed the man to death.  Despite Barbara’s youth, troubled background, and the fact that she did not physically commit the crime, Barbara was tried as if she were an adult and received the harshest sentence possible in the State of Michigan, life without the possibility of parole.  She was just sixteen, and about to spend the rest of her life in prison.  In Barbara’s words, she was sentenced to a “long slow death.”

ACLU to Testify Today: Solitary Confinement is a Human Rights Violation Happening on U.S. Soil

By Hilary Krase, ACLU National Prison Project at 10:01am

The world will get a glimpse this week into how the United States treats those we lock in solitary confinement, when the Inter-American Commission on Human Rights hears ACLU testimonies on how our treatment of vulnerable prisoners violates international human rights norms. The short story: we should be ashamed. For a more detailed picture, check back throughout the week for an ongoing blog series on the issue.

Both domestically and abroad, there is an increasing recognition of the negative effects of prolonged solitary confinement – yet this harmful practice still occurs in our own backyard.

U.S. Military Treatment of Juvenile Detainees Undergoes International Scrutiny

By Allison Frankel, ACLU Human Rights Program at 11:37am

When the U.S. ratified the international treaty on the rights of children in armed conflict in 2002, it committed to protecting children under 18 from military recruitment and deployment to war and guaranteeing basic protections to former child soldiers, including those in U.S. military custody. Formally known as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC), the treaty requires ratifying nations to submit periodic reports on the progress they have made to implement their treaty obligations to the U.N. Committee on the Rights of the Child, a body of independent human rights experts charged with monitoring countries’ compliance with the treaty.  The U.S. government’s latest report will be reviewed by the Committee in January 2013. The list of issues to be discussed during this review, which was adopted by the Committee on July 3, raises serious concerns regarding U.S. compliance with the Protocol and provides an opportunity for the United States to provide transparency and accountability for its treatment of juveniles in military custody. 

Lift Children Out of the Criminal Justice System – Don't Lock Them Away

By Ezekiel Edwards, ACLU Criminal Law Reform Project & Tanya Greene, Advocacy and Policy Counsel, ACLU at 5:17pm

What kind of person looks into the face of a child and sees no hope? What kind of society locks up children as if they were adults — and sometimes even throws away the key? Unfortunately, ours does. As a case in point, Kansas City prosecutors are currently mulling over whether to charge a five-year-old child for the murder of an 18-month old. Just think — murder charges for a little girl who has not yet even entered first grade!

U.N. Working Group Finds That U.S. Needs to Do More to Address the Adverse Business Impacts on Human Rights

By Katie Haas, ACLU Human Rights Program at 4:45pm

The United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises yesterday completed its first country visit to the United States. The Working Group was formed by the U.N. Human Rights Council in 2011 to disseminate and implement the recently developed "Guiding Principles on Business and Human Rights," which set forth countries' obligation to protect people from human rights violations caused by businesses or other entities and the necessity of appropriate remedies for such violations. The Guiding Principles also outline businesses' responsibility to respect human rights. At the invitation of the U.S. government, the Working Group visited many cities and met with diverse stakeholders including federal and state officials, businesses, trade unions, and civil society organizations.

Making School a Safe Place for All Students

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:35am

In 19 states across the country, corporal punishment in schools is still legal. Sadly, in many states, children are better protected against physical discipline in detention facilities than they are in their own classrooms. That fact is a startling reminder that for the many children subjected to corporal punishment or the threat of it every day, school does not feel like a safe place.

Most Americans agree that corporal punishment in our schools is unacceptable. A recent poll indicates that only 23 percent of Americans approve of teachers using corporal punishment on our children. And yet, according to the latest available data from the U.S. Department of Education's Office of Civil Rights, over 200,000 students are the victims of this practice every year.