The Human Rights Warrior

"There is some good in this world…and it's worth fighting for."


12 Comments

Assault In The Second Degree Grade

Me at age 7

I picked up my seven-year old daughter early from school one day not too long ago.  ”How was your day?” I asked, as she buckled herself securely into her booster seat.  The key was in the ignition, and my brain had already sent the signal to my hand to turn it, when she replied,

“OK. Except that X touched me inappropriately this morning.”

We were running late for the appointment, but I did not start the car.  Instead, I turned around and looked at her.  She sat placidly in the backseat, the afternoon sun backlighting her golden curls like an angel’s aura. She gazed at me innocently with her big blue eyes. She didn’t look at all upset.

“Tell me what happened,” I said.

My voice sounded much calmer than I expected.  It certainly didn’t convey what I was feeling. When you are a parent,  and your most important job in life is to protect your kid, it is terribly disconcerting – not to mention heartrending – to hear her say something like this. I wanted to scream, “Who in the world would have the audacity to touch MY CHILD inappropriately?!?!”

Somehow, I stayed calm and delved for facts; she answered each question fully and calmly. Here is a summary of what she told me and what I wrote in an email to her teacher later that night:

My daughter told me that X has been touching her a lot and making her feel uncomfortable.  She said on Friday that he was rubbing her upper thighs and touched her briefly in the bathing suit area.  She said that it is usually during circle time that this happens, so she tries not to sit near him.  I told her to tell you immediately the next time it happened, but I would appreciate it if you could keep an eye out for this behavior and help her avoid it.

I did not include this in the email, but she also told me that she always asked her friends to sit around her at circle time, a perimeter of girlfriend protection.

Up until last year, I think my reaction might have been different – more anger than the deep sadness that I was feeling. But after I wrote the Raising Boys Not To Be Total Jerks post (about my reaction when my son told a sexist joke) in 2011, I heard from dozens of women about their experiences with inappropriate touching, sexual harassment, and sexual abuse.  Women of all ages, ethnicities and occupations.  A couple of medical professionals even told me about patients who had touched them inappropriately during medical examinations.  The sad truth is that these are experiences that are all too common for girls and women throughout the world.  I realized, sitting there in the car with my key in the ignition, that this was only the beginning for my second grade daughter.

In those few seconds before normality returned and we drove on to the orthodontist, I saw an image of myself in the second grade.  An image, like I was watching from above, of myself at the age of 7, pinned down in the dust on the playground at Magnolia Woods Elementary School by a boy who easily weighed twice as much as me.  I had not thought of it in more than 30 years, but now I had a sudden, strong remembrance of the feeling of being panicked and trapped, as he sat heavily on my chest and held my wrists down on either side of my head.

I had thought that we were playing chase at recess; HE told me that we were playing kissing chase.  He demanded that I let him kiss me – a kiss was the price of my freedom.  I remember thrashing, kicking, rolling my head and arching my back, all to no avail.  A crowd of first and second graders gathered to watch. I think they were  cheering him on.

The school may have taken its name from magnolia trees, but I frankly don’t remember any.  There were crepe myrtle trees all along the walkway where we second graders lined up to enter our classrooms.  Small tree frogs congregated there; they seemed to have no purpose in life other than to sing happily and spit down on us.  A certain times in the year, the crepe myrtles’ strange, pink blossoms – which looked like something right out of Dr Seuss – covered the trees.  Pink petals blanketed the sidewalk where we second graders lined up.  As I struggled to break free from this boy, oh how I longed for the crepe myrtle trees and the safety of my classroom door!  Instead, I lay on my back in the dust on the playground, under the bright blue of a Louisiana winter sky and a canopy of towering swamp oaks.

I have no complaints about the way my daughter’s school responded.  The teacher replied within a few hours and forwarded the information on to the school principal and social worker.  First thing on Monday morning, the social worker interviewed both students.  By Monday afternoon, they had put place a six point plan of strategies to ensure the safety of all of the second graders.  The school social worker laid it out for me:

1)      I will  speak to all of the 2nd grade classrooms about appropriate interactions.

2)      All students will be reminded to tell an adult as soon as something happens so we will be able to address it.

3)      Teachers will be vigilant and observant in the classrooms for appropriate student interactions.

4)      The playground staff will closely monitor for concerning behavior.

5)      Seating assignments will be made based on student needs.

6)      Students who cannot follow the rules will be seated next to the teacher.

The school social worker also said, “Please acknowledge your daughter for telling you, so you could inform us.”

When my daughter got home from school the next day, she reported that all six points of this plan had already been implemented.

“I’m proud of you for telling me. It was the right thing to do,” I said.

“I know,” she sighed.  ”Everyone keeps telling me that! I’m getting kind of tired of hearing about it.”

But here’s the thing.  Statistics on sexual abuse in children are hard to come by because the majority of cases are never reported to authorities (estimates on reporting range from between only 12% (see Hanson, 1999) and 30% of cases (Finkelhor, 2008)). Based on reporting percentages, the real number of cases of sexual abuse could be anywhere from 260,000-650,000 kids a year.  To put it another way, as many as one in three girls and one in seven boys in the United States will be sexually abused at some point in their childhood.

I’m not suggesting that what my daughter (or I) experienced was sexual abuse.  But it was a wake up call to the potential of something more serious. I don’t know the little boy who I call X here. I’ve also been around kids enough to know that second graders get squirrelly.  Sometimes, especially in close quarters, they have trouble keeping their hands to themselves.  I’m not willing to make any assumptions about this kid or speculate that his behavior is a sign that he will grow up to be a sexual predator.  But research shows that 40 percent of child sex abuse is committed by other children or adolescents. In fact, as many as 50 percent of those who sexually abuse other children are under the age of 18. These are facts that I did not know before.

When the recess bell rang and that boy got off of me, I sprinted for my second grade classroom door.  I got there before any of the other kids and put my face against the glass window to cool my cheeks, which were burning with shame and embarrassment.  For the next week or so, I spent recess in different part of the playground, doing penny flips on the monkey bars.  When I finally went back to playing chase, I made sure that I ran as fast as I could so I would never get caught.  For the rest of my time at Magnolia Woods, I was careful to keep away from that boy.  But I never told a single person – not my friends, not my teacher, not my parents – about him holding me down and trying to kiss me.  Not even when I saw him do the same thing to other girls.

So I’m thankful that my daughter told me about what happened to her.  And I’m thankful that the school took quick and decisive action, reinforcing the message for all of the kids and staff that school is a place where everyone has a right to feel safe. I’m especially thankful that something worse did not happen to my daughter, but also that this experience has left her better prepared for the future.

Child sexual abuse happens in all racial, religious, ethnic and age groups, and at all socio-economic levels.   Talk to your daughters and your sons about appropriate v. inappropriate touching, as well as what to do if it happens to them – or if they see it happening to someone else.  If you’ve talked to them about it once, then do it again.  Kids need to hear it again as they move through their various developmental stages. If you feel uncomfortable, just remember that what you are doing is preparing your kids to protect themselves, something they will have to do for the rest of their lives.

Resources about identifying signs of and avoiding child sexual abuse can be found at Stop It Now.  If you know of other good resources, please feel free to add them in the comments. 

 

Today at the United Nations Human Rights Council

| 2 Comments

A Day at the United Nations Human Rights Council

Today I am at the Human Rights Council in Geneva for the Universal Periodic Review of Morocco. (Photos are not allowed, but I snuck this one with my iPhone.) Along with colleagues from The Advocates for Human Rights and Global Rights, we have been lobbying the Human Rights Council delegates on the issues of violence against women and the death penalty/conditions of detention in Morocco.

Countries from Botswana to Bangladesh have raised the issue of women’s rights, with particularly, strong pressure coming from Belgium, Estonia, Spain, Switzerland, and Thailand to pass a comprehensive law to protect women from violence. In response to criticism of Article 475 of the Moroccan penal code (which I wrote about previously in Amina Filali and Violence Against Women), which essentially allows a man to escape prosecution for rape of a minor if he marries her, the Justice Minister noted that this law was “traditional” but currently “under study.” Shortly after he made that statement, the Netherlands and Norway made strong recommendations to revise the penal code and pass a new law to protect women from violence and ensure equality.

Argentina, Austria, France, Italy and Spain are among those countries who have called on Morocco to abolish the death penalty and commute all death sentences to life. Hungary even declared they would be “happy to share” their own recent experience in abolishing the death penalty.

The Universal Periodic Review is a new human rights mechanism, the result of recent UN reform. Morocco was one of the first countries reviewed in 2008, and is now one of the first countries to return for a second UPR review. Today I see the Moroccan government standing up before its peers -the governments of other nations – and answering questions on what they are doing to protect human rights for all in their country. It is encouraging to see the governments taking the process seriously.  At the end of the day, there was palpable relief on the face of the Minister of Justice and the other members of the delegation. Whether or not the UPR is a human rights mechanism that works in the long run, I think that the accountability I am seeing today is both good and necessary.


10 Comments

Amina Filali and Violence Against Women in Morocco

Morocco demonstration

Demonstrations in Morocco after the suicide of Amina Filali

 Image source

Amina Filali was only 16 years old when she took her own life.  According to reports, Amina was raped last year at the age of 15 by an older man, but that crime alone was not what drove her to swallow rat poison. Instead of seeing her rapist punished for his crime, Amina was forced to marry him. A few months into an unconscionable marriage, her rapist/ husband was beating her, she told her mother. Her mother counseled her to try and bear it, according to the Moroccan daily al-Massa.  Amina must have seen no way out, no future worth living.

Why would a judge order – or even recommend – a young girl to marry her rapist? Under Article 475 of the Morocco Penal Code, a perpetrator of rape on a minor is allowed to escape punishment if he marries the victim.  While it may not be a provision of Moroccan law that is used frequently, it is a violation of human rights that has attracted international scrutiny both before and after Amina’s tragic death.  I saw this myself when I was in Geneva last November with a group of Moroccan human rights activists.  We were there to participate in the review of Morocco’s compliance with the United Nations Convention Against Torture.  Violence against women is considered torture under the Convention and the independent committee of experts charged with monitoring state compliance with the treaty had many pointed questions for the Moroccan delegation about Article 475 and other provisions related to the Moroccan government’s failure to protect women from violence.

There is no text that allows a rapist to escape prosecution or a “kidnapper” to escape punishment if he marries his victim, the Government assured the UN Committee Against Torture.  The penal code has a law on the rape of a minor, but the victim – if she has reached puberty – may CHOOSE to marry.  The marriage, if it takes place, continued the Moroccan Government delegation, would have to be based on the consent of the victim.

As Amina’s case shows, “consent” is neither adequate protection for a minor nor a remedy for the crime of rape.  Victims are not often in a position to offer informed consent as they may be pressured into marriage as an alternative in order to preserve family honor.  But in Amina’s case, Amina’s father has, according to some news reports, denied that the family ever consented to the court ruling ordering marriage to preserve family honor.

Amina’s story may be shocking to some of us, but it is a glimpse at the reality of the violence faced by women in Morocco every day.  While it is difficult to determine the exact prevalence of domestic violence throughout Morocco, statistics that are available demonstrate that domestic violence is a widespread problem. A 2011 national study on the prevalence of violence against women found that 62.8% of women in Morocco of ages 18-64 had been victims of some form of violence during the year preceding the study.

The Moroccan Penal Code provides insufficient protection against rape and sexual assault, which are often unreported and prosecutions not pursued. Spousal (also called marital or conjugal) rape is not specifically considered a crime in the Penal Code nor is it prosecuted in practice. Women are deemed to have consented to all sexual relations with their husband by the fact of marrying them. Women do not seek help when they are raped by their husbands because of the social stigma associated with rape, the difficulty in proving rape, and the futility in reporting an act that the Moroccan Government does not even recognize it as a crime. The issue of marital rape in Morocco is trivialized by the officials and executives, and is considered as being unimportant, and therefore, it is not defined nor is it acknowledged by the Moroccan law.

Rape cases in general are difficult to prove in Morocco, as actual physical injuries are required to prove non-consent. Under the Penal Code, rape is considered a crime against morality and not identified as a crime against persons.Women are deterred from reporting rape cases because of the lack of response from law enforcement and the criminal justice system. Even when a rape case is investigated, the perpetrator is not always punished.

Furthermore, sexual relations outside of marriage are illegal in Morocco, and penalties are increased if one or both people engaged in the affair are already married. Thus, there is a strong disincentive for a woman like Amina to report a rape as she risks being prosecuted for illicit sexual relations if she does not prevail in proving her rape case and she is not married to her rapist. Is it any wonder that Amina apparently kept her rape a secret even from her parents for two months?

Amina’s story is a tragedy.  But the media attention it has drawn is a cause for hope.  Amina’s story has raised awareness both inside and outside of the country about violence against women.  In addition to the media attention, there is a reinvigorated campaign to abolish the law.  There is a Facebook page and an online petition.  There have been demonstrations, with protests planned for this Saturday, March 17.

The silver lining to Amina’s story would be that the internal and external pressure  on the Moroccan government finally results in the passing of a Violence Against Women law in Morocco.  (A draft is currently stalled in InterMinisterial consultations and has not yet been introduced in Parliament.)

As the Moroccan human rights activists recommended to the UN Committee Against Torture last November:

The Moroccan Government should pass a specific violence against women law that contains both criminal and civil provisions.

• Care should be taken that that the new law does not contain provisions that would cause further harm to victims.
• The new law should expand the definition of violence against women and ensure various types of relationships
are covered by the law
• The new law should establish civil remedies, including comprehensive Civil Protection Order provisions for
women who are victims of violence

Morocco’s Penal Code should be amended to:

• explicitly criminalize conjugal rape;
• abolish criminal prosecutions for illicit sexual relations;
• eliminate laws that criminalize those who assist or harbor married women;
• abolish provisions that allow a perpetrator of rape to escape prosecution for marrying his victim; and
• eliminate discriminatory legal provisions that place heavy burdens of proof solely on the victim of violence.

Sources:

Moroccan girl commits suicide after being forced to marry her rapist, Al Arabiya News, March 14, 2012  http://english.alarabiya.net/articles/2012/03/14/200577.html

 Morocco protest after raped Amina Filali kills herself, BBC News, March 15, 2012  http://www.bbc.co.uk/news/world-africa-17379721

Morocco Penal Code, Article 475

U.S. Department of State, Country Reports on Human Rights Practices, “2010 Human Rights Practices: Morocco”, (April 8, 2011), available at http://www.state.gov/g/drl/rls/hrrpt/2010/nea/154468.htm (last visited October 10, 2011).

Moroccan Haut Commissaire au Plan, “Principaux résultats de l’Enquête Nationale sur la Prévalence de la Violence à l’Egard des Femmes (version française)”, (January 2011), available at  http://www.hcp.ma/Conference-debat-consacree-a-l-etude-de-la-violence-a-l-egard-de-femmes-au-Maroc_a66.html (last visited October 6, 2011); see also, UN Women, “Moroccan Government Release Extensive Gender-Based Violence Study”, (10 January 2011), available at  http://www.unwomen.org/2011/01/moroccan-government-releases-extensive-gender-based-violence-study/ (last visited October 6, 2011).

Written Communications to The Advocates for Human Rights from Moroccan NGOs (26 September 2011).

MOROCCO: Challenges with addressing domestic violence in compliance with the  Convention Against Torture 47th  Session of the Committee Against Torture (31 October – 25 November, 2011), Joint Written Statment submitted by The Advocates for Human Rights and Global Rights, in collaboration with an alliance of Moroccan NGOs at http://www.theadvocatesforhumanrights.org/uploads/final_shadow_report_to_cat_re_morocco_response_to_dv_oct_14_2011_sent_to_geneva_2.pdf


6 Comments

My Love Affair With Patrick Stewart

 
Our house was small, and when you grow up with domestic violence in a confined space you learn to gauge, very precisely, the temperature of situations. I knew exactly when the shouting was done and a hand was about to be raised – I also knew exactly when to insert a small body between the fist and her face, a skill no child should ever have to learn.”
-Patrick Stewart on The Legacy of Domestic Violence,
 The Guardian, 26 November, 2009
He had me at “Tea. Earl Grey. Hot.”  In my opinion, his Jean-Luc Picard is the only Star Trek captain worthy of helming the USS Enterprise;  Picard makes Kirk and the others look like a pack of braggarts, whiners, and wimps.  For more than 20 years, my love for Patrick Stewart has burned strong and bright, “the star to every wandering bark”.  A talented Shakespearean actor, Sir Patrick nails every role he plays, from Othello to Shylock to the Seattle Opera director with a crush on Frasier.  Then there’s his one-man version of Charles Dickens’ A Christmas Carol.  I can’t think of another actor who I would want to see play 40+ characters.  And let’s not forget the lecherous caricature of himself that he played inExtras. Good gravy, that made my heart beat faster!
My love for Patrick Stewart is sexless, as chaste and pure as that of the heroine in a Victorian novel.  I feel for him what the young X-Men feel for Professor Charles Xavier – admiration, respect, passionate loyalty.   It’s a love, I know, not meant to be tested in real life.  Yet I can’t help myself.
I’ve never met Patrick Stewart.  I know almost nothing of his personal life beyond the fact that he choses to use his fame to support human rights. He’s been a long time supporter of Amnesty International in his native UK. I’ve written recommendation letters for students applying to the internship program he endowed at Amnesty.  (None of them ever got the Patrick Stewart Human Rights Scholarship, so I can’t even claim that two-degrees of separation.)
What really took me ’round the bend on Patrick Stewart was his decision five or six years ago to talk about his own experience with growing up with domestic violence.
“I experienced first-hand violence against my mother from an angry and unhappy man who was not able to control his emotions or his hands. Great harm was done by those events – and of course I mean the physical harm, the physical scars that were left, the blood that was spilled, the wounds that were exposed – but there were also other aspects of violence which have a lasting impact physiologically on family members.  It is so destructive and tainting. 
It’s taken me a long time to be able to speak about what happened.  Then, two years ago, around the time of the launch of the Amnesty International campaign to  Stop Violence Against Women all that changed. After consultation with my brothers, we all felt that it was time for me to speak out about what had happened in our childhood, and to show people that domestic violence is protected by other peoples’ silence.”
- Patrick Stewart, Turning the Tide,
Domestic violence is a worldwide epidemic.  It violates the fundamental human rights of women and often results in serious injury or death. Studies show that between one quarter and one half of all women in the world have been abused by intimate partners.  Certainly men experience domestic violence as well, but women are victims of violence in approximately 95% of cases of domestic violence. (For sources and more statistics, see StopVAW.org)
It took the human rights community far too long to recognize domestic violence and other gender-based rights as human rights abuses.  Because the violence is committed by private actors rather than the government in the context of family life, domestic violence was long considered to be a “private matter”.  Fortunately, the international human rights law has progressed and violence against women is now considered a  human rights abuse.  The government has a responsiblity to prevent violence against women from taking place and to prosecute or punish the perpetrators of the violence.  The UN Committee Against Torture has even clarified that violence against women, including domestic violence, can in certain circumstances be defined as torture under the Convention Against Torture.
Implementation of laws that protect women from domestic violence is, of course, the ongoing problem throughout the world.
It is never easy for survivors of human rights abuses to talk about the violence they experienced.  It comes at great personal expense and sometimes that expense is just too great for people to overcome.  There has been a lot of outrage recently about Rihanna and Chris Brown. I wish Rihanna would become an advocate against domestic violence  - photographed holding an Amnesty International placard – but I can’t judge her or the decisions she makes about her life. It does make me think, though, that it is doubly important for male celebrities like Patrick Stewart to use their fame as a platform to raise awareness about violence against women.
I defy you to watch this video and tell my love of Patrick Stewart is wrong.
What will it take to end domestic violence worldwide?  It will take more than Sir Patrick Stewart.  As he says in this Amnesty video, it will take sustained government action to ensure that domestic violence is treated as a public health issue rather than a private matter.  But Patrick Stewart’s decision to use his celebrity to speak out about the domestic violence experienced in his childhood home puts us one step farther along that road.
“Violence against women diminishes us all.  If you fail to raise your hand in protest, then you make yourself part of the problem.”   
- Patrick Stewart, Turning the Tide,
Amnesty Magazine, May/June 2006
Stop Violence Against Women.
Captain Picard says, “Make it so.”
Follow

Get every new post delivered to your Inbox.

Join 1,041 other followers