Blog Archives

A Spirit of Revolution

For the past month, a spirit of revolution has gained force both abroad and at home.  Days after mounting popular protests culminated in the disintegration of authoritarian rule in the Middle East, a parallel uprising has emerged on our own shores, translating once distant demands for democracy and economic opportunity into a familiar tongue.  In Wisconsin, Ohio, and Indiana, thousands of workers continue to rally in defense of the very protections that their parents and grandparents wrested from their own employers during similarly shaky economic times almost a century ago.

Historic times demand historic measures.  As Martin Luther King, Jr. cautioned, “one of the great liabilities of life is that all too many people find themselves living amid a great period of social change, and yet they fail to develop the new attitudes, the new mental responses, that the new situation demands.”  Like Rip Van Winkle, “they end up sleeping through a revolution.”

While King issued this admonition over thirty years ago, his words reverberate with renewed urgency today.  Like FDR before him, he understood that even at moments of crisis, such long-cherished guarantees as free speech, free worship, and freedom from political tyranny are meaningless in the absence of economic security.  “If a man doesn’t have a job or an income,” King noted, “he has neither life nor liberty nor the possibility for the pursuit of happiness. He merely exists.”

Amid growing state efforts to weaken employment protections, this vision of interlocking civil and economic rights is more relevant than ever.  If true liberty lies in freedom from want, then economic security can be no more negotiable than free speech or free worship, a concept embedded in the human rights principle of “progressive realization.”  In other words, once we’ve advanced along the path of economic justice, we can’t retreat in the face of an altered political landscape, however rocky it may be.

A hundred years ago, another gilded age came to an abrupt end as rich and poor together foundered on a vessel that symbolized the growing gulf between them.  As the winds of political and economic change continue to batter the employed and unemployed alike, policymakers can either doze at the helm of a similarly troubled ship or plunge into rough waters to stem the tide for those at greatest risk.  If history fails to guide them, perhaps the fictional fate of Rip Van Winkle will succeed.

- Rachel Natelson, Staff Attorney

When There’s No Alternative: Rights to Water & Sanitation

What’s something we do each day, but rarely think about, let alone discuss in public?

Going to the bathroom.

But when you’re homeless or poor, what most people take for granted can be a huge challenge, even a life-altering decision.

Forces beyond homeless persons’ control, such as lack of affordable housing and emergency shelter, compel them to live and take care of their basic human needs in public. When performed inside, these acts are unquestionably legal.  But cities are punishing homeless persons for the very same life-sustaining actions when they are forced to perform them in public spaces.

William Shumate, a 60 year-old veteran living in St. Petersburg, Florida, typifies the problems faced by many homeless persons. William has diabetes, which makes it difficult to control his urination, especially overnight when bathroom facilities are closed. St. Petersburg has local ordinances that prohibit public urination and defecation, but make no allowance for situations when public bathrooms are unavailable. On November 1, 2007, William was sleeping near City Hall when he woke up around 1:00 am with an uncontrollable need to urinate. Police followed him as he went around the side of the building, and arrested him.  William was sentenced to one day in jail and a fine of $300. Read more »

Women’s Rights are Human Rights

Today, Senator Dick Durbin, Chair of the Senate Judiciary Subcommittee on Human Rights and the Law, held the first hearing in eight years on the ratification of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW, or the Women’s Rights Treaty), and the first ever in the Judiciary Committee, as opposed to the Foreign Relations Committee.  Equally importantly, governmental testimony was offered not just by the State Department, but also by the Justice Department, discussing the importance of ensuring women’s rights not only abroad, but here at home.  These are important steps in emphasizing that ensuring human rights is about leading by example at home as much as taking strong positions abroad.

Much of the hearing was devoted to the importance of the latter – and indeed, the impact of ratification of the treaty on our ability to lead abroad on human rights should not be underestimated.  Unfortunately, the testimony from both Senator Durbin and Principal Deputy Assistant Attorney General Samuel Bagenstos gave too much away on the domestic impact of the treaty.  Senator Durbin said, “we don’t need CEDAW to protect women here,” and AAG Bagenstos emphasized that the package of Reservations, Understandings, and Declarations submitted with the treaty for ratification would ensure no American law would have to be modified, and the recommendations of the CEDAW Committee would not bind us.

We do need CEDAW to help protect women in the U.S.  Read more »

Lessons from Around the Globe, Part IV

Before I left South Africa, there was one more visit I had to make: to the Apartheid Museum.  Today’s lesson: while it’s good that apartheid is where it belongs – in a museum – the job isn’t done yet.

At the museum entrance, your ticket randomly assigns you either “White” or  “Non-White”, and then you must pass through segregated gates – making a physical, in addition to emotional impact.  From the moment I pushed through the turnstile, I felt a heavy weight descend on my shoulders.  Of course, I knew the long arc of the story told by the museum bends toward a better ending, but the immediate intensity of the pain and suffering of generations was overwhelming.

As I wound through the museum (literally – parts of it are set up as a maze – perhaps so you can’t see the end while you’re in the middle of it), the thing that struck me most was the cruelty of many of the quotes from politicians and regular people alike proclaiming their superiority and the inferiority of other races.  It boggled my mind that people here felt they could make those statements openly, in my own lifetime.  But then I thought, have we really moved so much further?

At the end, the story had wound its course to a free South Africa, finishing with the negotiation of a new constitution which replaced the laws of separation with seven pillars of Democracy, Equality, Reconciliation, Diversity, Responsibility, Respect, and Freedom. A constitution which, like our own, contains the best of our ideals, but, as shown by recent events, needs a lifetime of work to put it into practice. The attorneys and activists I’ve met this week are part of that work for the respect of universal human rights, and I count myself lucky that my own job is as well. Together, we’ll work to keep putting more of the world’s inhumanity into museums.

-Eric Tars, Human Rights Program Director

Lessons from Around the Globe – Part II

Today was an incredible, inspiring, heartbreaking day of site visits to three key sites for the movement for housing rights in South Africa: an active squatters building, two buildings where squatters have been relocated, and an informal shack dweller settlement in Kliptown, in the Soweto suburbs of Johannesburg.  Though there’s so much I wish I could share, for now, the lesson for today is: litigation can achieve huge victories in protecting the human right to housing, but it will require much more to see the right fulfilled.

Our first visit was to the 115 Main Street building in downtown Jo’burg, where three floors of a former garage have been turned into dark warrens of essentially indoor shacks constructed of plywood, metal, and fabric.  The approximately 120 residents, including 20 families with children, live without running water or regular electricity, and were threatened with eviction by the building owner, who wants to upgrade this building in a gentrifying area.  Because of South Africa’s phenomenal constitutional protection of the human right to housing and the supporting Prevention of Illegal Evictions Act, local lawyers were able to stop the eviction until the city proposes alternative accommodations for the residents. Read more »

Lessons from Around the Globe – Part I

Today marks the first in a mini-series of blog posts from my trip to South Africa, where I am attending a convening of housing rights experts put on by the Ford Foundation. Today’s lesson is: we are not alone!

Participating in today’s conversation were lawyers and advocates from South Africa, Nigeria, Zimbabwe, Egypt, India, Kenya, and Argentina.  And despite coming from vastly different legal and political contexts, the challenges we face are strikingly similar.

A quick sampling of issues – see if you can match the issue to the country:

  • A poor community living on potentially valuable waterfront real estate is threatened with summary eviction to make way for redevelopment, where they “may” have a chance to purchase housing units after they have been displaced for several years.
  • Homeless persons dying of exposure on the streets while politicians claim there is no money in the budget for shelters.
  • Police marching into a homeless encampment and tearing down tents and shelters without warning.

The answers, in this case are Nigeria, India, and South Africa.  But any of them could have taken place in the U.S. Read more »