Category Archives: justice
Austin Avery was born prematurely and suffered developmental issues as a result. Last week, when the school called [his mother] Sharlene, she knew something was seriously wrong. “We had a call from the school to come pick him up cause he was hallucinating. I just don’t understand why your child goes to school and comes home in a drunken stupor,” says Avery. So, she put him in the car and drove to the emergency room. That’s when doctors told her something she never imagined. “The doctor said that [Austin] was way over the legal limit [for alcohol]. Now, can you imagine a 14-year-old child and what kind of damage that can do to his brain?”
The investigation yielded a report from a fellow student, who reported that bullies had been putting Germ-X, an alcohol-based hand sanitizer, in Austin’s milk at lunchtime. This had been occurring regularly since January, without detection by the school or any adult in a position to discipline the bullies.
There are a couple things of note about this story. First is that it got virtually no coverage – I saw it only because I read several hip-hop gossip sites that picked the story up because the child is African-American. Other than those sites, I found absolutely no mention of it anywhere on the web other than the initial report from a local news outlet, quoted above. Intentionally poisoning a child with hand sanitizer seems like a pretty big deal to me – there could have been much more significant and detrimental side effects than alcohol intoxication, and even alcohol intoxication is dangerous enough when we’re talking about a 14 year old with developmental disabilities.
The second thing of note about this story is that Oklahoma already has an extremely robust anti-bullying law and state policy aimed at eliminating bullying. A watchdog anti-bulling group gives the Oklahoma law an A, indicating it is “near perfect” by their standards. Here is a description of their anti-bullying law:
Requires Safe School Committees to give special attention to bullying, incidents of unwanted physical or verbal aggression and sexual harassment and make recommendations. Encourages community involvement, one-on-one student/staff relationships, use of problem solving teams of counselors and/or school psychologists and requires the review of bullying prevention programs utilized by other states, agencies or school districts. Requires each school district to have policies addressing the prevention of bullying and education about bullying behavior.
So – given that all those rules, policies, requirements, and education were insufficient to stop Austin from being regularly and consistently poisoned for almost four months – how can we realistically address and stop this kind of bullying from happening? How can we provide meaningful protection for children with disabilities? Is it possible to do so through laws and regulations, or will only a long term shift in ableist attitudes be effective?
Warning: Offsite links are not safe spaces. Articles and comments in the links may contain ableist, sexist, and other -ist language and ideas of varying intensity. Opinions expressed in the articles may not reflect the opinions held by the compiler of the post and links are provided as topics of interest and exploration only. I attempt to provide extra warnings for material like extreme violence/rape; however, your triggers/issues may vary, so please read with care.
Photo by David Shrigley, via Learning Log.
Three years ago, the [United States] Supreme Court said there are some filing deadlines so rigid that no excuse for missing them counts, even if the tardiness was caused by erroneous instructions from a federal judge. The court’s decision concerned a convicted murderer who had beaten a man to death. But now it is being applied to bar claims from disabled veterans who fumble filing procedures and miss deadlines in seeking help from the government. The upshot, according to a dissent in December from three judges on a federal appeals court in Washington, is “a Kafkaesque adjudicatory process in which those veterans who are most deserving of service-connected benefits will frequently be those least likely to obtain them.”
HODASSU vision is to develop a healthy and self-sustaining community that protects the rights of orphans, vulnerable peoples and persons with disability, through economic development, vocational training, education and counseling.
People with disabilities must not be left out as Sierra Leone rebuilds after ten years of civil war, say the writers of a new study on living conditions for the country’s disabled. Disability is a major issue in the west African country, where thousands of people had limbs cut off dightinguringthe1991 -2002 fighting which completely devastated the country, its infrastructure, its economy and people. Leonard Cheshire Disability’s report, just out, is one of the first comprehensive studies into disability in Sierra Leone. It is hoped the findings will help the needs of people with disabilities be included in rebuilding the country’s infrastructure and social services. “The disabled community’s voice is generally a voice that is not heard in discussions of development,” said Bentry Kalanga, the organisation’s senior programme manager for Africa. “Up to now disability has not been regarded as a major development issue; it must be highlighted more.”
The Indian Copyright Act does not explicitly allow for conversion and distribution of reading material in alternative formats that are accessible to persons with disability. A draft amendment, that was made public in February by the Union Ministry of Human Resource Development, introduces a copyright exception for reproduction or issue of copies in formats “specially designed” for persons with disabilities, such as Braille and sign language. However, this “token exception” leaves out a large section of people affected by cerebral palsy, dyslexia or partial impairment. A sizeable section of the visually impaired is not trained in Braille and relies on audio, and reading material with large fonts and electronic texts. The proposed copyright exception is of no use to this section.
Here in the United States, headlines have been blaring over the last few weeks about the 29 coal miners killed in West Virginia at the Upper Big Branch Mine. Even the President was outraged, and the public attention may result in a push to reform the Mine Safety and Health Administration (MSHA) to give it some more regulatory teeth, although there are legitimate questions to be asked about how easy it will be to enact tougher regulations when there’s a revolving door between the mining industry and Congress. Massey Energy Company, which owned the mine, had a history of safety violations but regulators were powerless to do much about them.
52% of the electricity generated in the United States comes from coal. The coal industry in the United States has been criticized for being highly corrupt, for engaging in horrific environmental practices such as mountaintop removal, and, of course, for significant safety violations which put worker health at risk. The mining industry has become more aggressive and more sophisticated to feed the demand for coal in the United States, resulting in longer hours for miners and much more occupational exposure to hazards.
Over 130,000 people work in coal mines in the United States so that we can run our refrigerators, turn our lights on, and, yes, type at our computers. Disasters like the incident at the Upper Big Branch Mine are awful, and they should not happen, and they would also be preventable if MSHA had more regulatory teeth.
But there’s another problem which affects coal miners in the United States, and it’s one which doesn’t get a lot of press. It kills an estimated 700-1,000 miners every year. In the 1970s, death rates from this problem started to decline, but in the 1990s, they rose again, a reflection of changing practices in the coal industry.
That problem is black lung.
Black lung is an occupational and fully preventable disease caused by inhaling coal dust. Miners are more likely to inhale coal dust now than ever before due to changes in mining techniques. Long shifts, increased production, and very deep mining all contribute to a rise in black lung rates. Black lung used to be observed primarily in older miners with a long work history, but today it is increasingly common in younger miners who have not been working in the mines for decades. This illustrates, starkly, that coal miners are inhaling more coal dust than ever before.
Also known as coal worker’s pneumoconiosis or miner’s pneumoconiosis, black lung occurs as inhaled coal builds up in the lungs. The lungs cannot express the coal, and over time this leads to inflammation and scarring. Parts of the lung tissue may die because the trapped coal cuts off the blood supply to the lung. In the early stages, people with black lung experience shortness of breath and a recurrent cough which does not resolve. As the disease progresses, damage spreads to the heart and the miner can also develop autoimmune diseases.
Black lung does not kill right away. Numerous miners are disabled by this disease and in fact benefits are specifically made available by law to miners who have been disabled by black lung. There has also been a move to renegotiate the terms of those benefits to make them more comprehensive. The health insurance reform bill which recently passed in Congress included a clause which:
…reversed 1981 legislation that put the burden on a miner of 15 years or more to prove that his or her disability is caused by black lung, a collection of respiratory illnesses caused by inhaling dust. The new changes also automatically transfer benefits to spouses and other dependents after a miner dies — accepting the presumption that black lung contributed to the death of a miner of 15 years or more. (source)
These changes were resisted by the coal industry and the insurance industry, naturally.
There are two mechanisms for protecting miners from black lung. The first is the use of respirators to limit the amount of coal dust inhaled. The second is the use of monitors to track levels of coal dust in mines. When levels rise too high for respirators to provide protection because they clog the respirators, the monitors send an alert. The monitors are expensive, however, which has made mines slow to adopt them.
In the wake of this most recent disaster, some people have wondered where the Union was; surely, one of the functions of a union is to protect the health and safety of workers, right? I hope it comes as no surprise to learn that the coal industry is also anti-union. The Upper Big Branch Mine is a non-union mine. Not, I would note, by choice of the workers. The workers have voted for a union and were threatened by the CEO of Massey Energy until they backed down.
There are numerous other industries in the United States characterized by dangerous working conditions which lead to illness, disability, and death for their workers. Workers in these industries enjoy few protections. Meat packing plants, for example, are staffed heavily with undocumented workers who are afraid to file complaints for fear of being deported. Workers who do complain are simply fired and replaced with new ones.
Occupational health and safety are disability issues. Rights for workers is a social justice issue. People are injured, disabled, and killed every day in the United States by preventable working conditions and this primarily only attracts attention when mass casualties are involved.
Scott Carney (Mother Jones magazine): Inside India’s Rent-a-Womb Business
Despite the growth in services, surrogacy is not officially regulated in India. There are no binding legal standards for treatment of surrogates, nor has any state or national authority been empowered to police the industry. While clinics have a financial incentive to ensure the health of the fetus, there’s nothing to prevent them from cutting costs by scrimping on surrogate pay and follow-up care, or to ensure they behave responsibly when something goes wrong.
Benedict Carey (New York Times): Seeking Emotional Clues Without Facial Cues
Ms. Bogart has Moebius syndrome, a rare congenital condition named for a 19th-century neurologist that causes facial paralysis. When the people she helped made a sad expression, she continued, “I wasn’t able to return it. I tried to do so with words and tone of voice, but it was no use. Stripped of the facial expression, the emotion just dies there, unshared. It just dies.”
Goldfish at Diary of a Goldfish: Blogging Against Disablism Day (BADD) Will be on May 1st, 2010
Blogging Against Disablism day will be on Saturday, 1st May. This is the day where all around the world, disabled and non-disabled people will blog about their experiences, observations and thoughts about disability discrimination. In this way, we hope to raise awareness of inequality, promote equality and celebrate the progress we’ve made. [Note: Click the link for info on how you can participate in BADD 2010!]
Max Harrold (Montreal Gazette): Filmmaker in wheelchair says red-carpet rejection inspired film
[Filmmaker Sean Marckos] has it all on video: He and a colleague, both in tuxedos and with their tickets in hand, being hustled out of the famous Palais des festivals in Cannes in 2008 and 2009. They were told they could enter only through a rear entrance, away from paparazzi. “They didn’t want me next to the beautiful people like Brad Pitt and Angelina Jolie,” said Marckos, 31, who has muscular dystrophy.
National Center For Lesbian Rights (NCLR): Greene vs. County of Sonoma et al.
One evening, Harold fell down the front steps of their home and was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold’s care from the first moment. Tragically, county and health care workers instead refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes.