Hidden in Plain Sight: The Tragedy of Children’s Rights

Hidden in Plain Sight: The Tragedy of Children’s Rights from Ben Franklin to Lionel Tate

Hidden in Plain Sight (2008 Princeton University Press) written by Barbara Bennett Woodhouse examines past and evolving perspectives on the human rights of children. Written for both students of law and the general American public, this book offers a solid methodology for how to think about the rights of children through the science of human development. It frames the rights of children by grounding them in basic human rights values of privacy, agency, equality, individual dignity, and protections.

Barbara Bennett Woodhouse is the L.Q.C. Lamar Professor of Law, and director of the Child Rights Project at Emory University. She is also the Donald H. Levin Chair Emeritus in Family Law at the University of Florida.

Woodhouse presents the stories of historical figures familiar to Americans (Louisa May Alcott, Willa Cather, Frederick Douglas, and Ben Franklin) as well as children she has known in her work as a legal representative, a law professor, and a witnessing advocate for children and families.

As the reader follows these lives, learning new insights about familiar Americans, the author describes her own journey to understanding of the problems and solutions society faces in adjudicating the rights of children in numerous situations such as living in child intolerant times, slavery, abandonment, violence, and juvenile justice institutions.

As I read each chapter, Woodhouse gave me ways to think about each child or teenager, how she thought about it and has since changed her mind or confirmed her understanding. The basic premise is that children’s rights in the U.S. are tragically wanting for just policies and deeper understanding of the ecology of child development as we understand it today. Woodhouse compares America’s policies and legal record on children’s rights to the United Nations Convention on the Rights of the Child (CRC).  It is the most rapidly ratified human rights convention in the history of United Nations, yet the U.S. has not joined the international community for fear that the rights of children might infringe on parents’ individual rights and undermine adult authority and control.

Woodhouse argues that the contemporary cult of individualism often contributes to harsh sentencing of children who have committed crimes and are held responsible for their actions by courts of law without due consideration of children’s developmental ability to understand the ramifications of their actions.

Hidden in Plain Sight asks readers to consider our American values in the light of the human rights of children. She evokes the language of the U.N. Special Session for Children:

A world made fit for children is a world fit for everyone.

With little personal foundation in legal study, this book read well for me as an unfolding argument by an experienced legal expert, a mother, and a legal guardian of children. I highly recommend this book to everyone who is concerned with the protection of children, and citizens who worry about the future we adults are creating for the children in our lives and around the world.

RELATED ISSUE: Juliana vs. U.S. – Children’s Constitutional Lawsuit.

Their complaint asserts that, through the government’s affirmative actions that cause climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.

 

Healers of the Land

One of the best activities of my mature life has been an association with the Aldo Leopold Foundation and the Land Ethic Leaders. In 2012 I traveled to Baraboo, Wisconsin to attend a training to become a Land Ethic Leader in my community.

Leopold’s now famous essay on The Land Ethic is excellent guidance for our time.

The Land Ethic_A Sand County Almanac

I’ve continued to learn from leaders and staff at the Foundation but mostly from my fellow Land Ethic Leaders. John Matel is one who is blogging about the restoration of the Long Leaf Pine Ecosystem on his land. He is doing the careful, long term work of bringing fire back to the land to awaken long dormant seeds for the sedges and grasses on the land, grooming the understory and the pines themselves.

Read his latest blog and explore others to appreciate that there is a man, and many others like him, who are working on the long term solutions to our environmental crises. For example, read about the Panhandle Watershed Alliance and the Bream Fisherman’s Association led by an intrepid water ecologist and friend, Barbara Albrecht in Pensacola, Florida.

So, take heart that there are these menders and planters, stewards of land and the human spirit OUT THERE working against the tide of destruction.

Future Home of the Living God: A Masterpiece

Louise Erdrich’s Future Home of the Living God is a masterpiece of contemporary  American literature. After 16 novels, books of poetry, and memoir, and nominations for the Pulitzer, and winner of the National Book Award, this novel is a culmination of her storytelling, use of language, and imagination.

I’ve read and studied Erdrich’s works for at least 15 years, eagerly awaiting each new novel. Some have exceeded my expectations, others have not but are still excellent reads. But this one, THIS is an achievement — not just for her as a writer and artist — but for our times.

The writing is beautiful and flows with such ease, concise yet vivid description, that reading is seamless. The plot moves with tremendous pace and at times I was so full of suspense that I had to put my hand over the next sentence to keep myself from jumping ahead. As a woman with a daughter and sisters, and nieces, I was drawn to the main character, Cedar, who writes a diary for her unborn child — a record of a time when all that people assumed would never change was upended overnight.

If you are a woman of child-bearing age or a woman concerned about protection of women’s rights, if you are a a man who values women, a person of faith, or a citizen who wishes to understand this age, this time on earth, then you need to read this book. The earth is changing, we are changing.

In the dystopian tale, so prescient for today, she manages to still uplift the reader. She is a weaver of legend, personal destinies, and her own cultural perspective. Louise Erdrich manages to show us there is still hope, still good to be cherished and brought forward in all of us. Yet, Erdrich bravely portrays a potential future that threatens all we hold as good and right in human behavior, and the fate of the earth.

Hildegard of Bingen, Pierre Teilhard de Chardin, Saint Kateri Tekakwitha, scripture from the Bible, and Ojibwe elders all find voice in this story.

Find it at Birchbark Books, Erdrich’s independent book store; Indie Bound, or other online book vendors. Read the New York Times book review.

National Parks: Citizen Library

Carlotta Walls LaNier

In the previous post I described my joy in visiting the Central High School National Historic Site which preserves and tells the story of desegregation in Little Rock, AK. There I bought two memoirs, one by Daisy Bates (The Long Shadow of Little Rock), the other by Carlotta Walls LaNier with Lisa Frazier Page (A Mighty Long Way). [*This link includes an interview with Mrs. LaNier and an excerpt from the first chapter, and links to purchase a copy of the memoir.]

Both memoirs brought me renewed appreciation for the personal struggles of individual Americans striving for their civil rights, and the importance of parents being involved in their children’s education. Reading both books rendered a deeper understanding of historical events through the lived experiences of my fellow Americans. The NPS Interpreter was also a powerful communicator who brought history to life–another important function of our National Parks.

On my current sojourn in Kentucky, I drove to Mammoth Park –another National Park site–preserving and interpreting one of the world’s great natural wonders. In 2016 it celebrated its 200th anniversary!

Stephen Bishop Portrait

In their gift store, I headed for the books section. There I found a historical novel by Roger Brucker, about Stephen Bishop, a famous and early explorer/guide at Mammoth Park (Grand, Gloomy, and Peculiar). Stephen was a slave at the time his owners assigned him the duty to serve as a guide at the privately owned wonder.  It was already a favorite travel destination for wealthy and local people. The associated hotel inn for guests owned slaves who cooked and cleaned for guests. Charlotte Brown was a slave working at the inn. It was there that she fell in love with Stephen Bishop. They would eventually marry.

The novel’s story is told through the voice of Charlotte Bishop. The narration is based in part on Charlotte’s real story. Historical documents and testimonies from people who met and knew Stephen and Charlotte guided the author in writing this delightful book. (I am about half way through.)

My point is this: if we do not know history, how can we navigate the future? Each of these National Parks sites, and the books I found there, provide citizens with living history. Our National Parks are repositories for learning and recalling great moments and individuals in history.

Thank God for Daisy Bates

Daisy Gatson Bates

Thursday morning I was blessed to join a tour group from Baltimore’s Civil Rights Movement at Central High School in Little Rock, Arkansas. They are teachers, leaders, and powerful women traveling the civil right trail — next stop Memphis at the National Civil Right Museum at the Lorraine Hotel.

Great women have made significant contributions to democratic societies. Daisy Bates is one of these women. As our talented NPS Interpreter stated today, “If it hadn’t been for Daisy, there would not have been a Little Rock Nine or desegregation as it unfolded in Little Rock.”

Central High School, Little Rock, AR

Daisy Bates was the President of the Arkansas NAACP at the time of the Supreme Court ruling in Brown vs the Board of Education which desegregated public schools in the U.S. Nine children were identified by the Little Rock School Board to integrate Central High School. At the time, Governor Orval Faubus was not supporting the federal mandate and called in the National Guard to keep out the black students. Daisy realized that the nine teenagers would need protection and help and she organized meetings and support to help them on the first and subsequent days of their trials and tribulations. This story, and the life of Daisy Bates, is chronicled in her memoir, The Long Shadow of Little Rock, which I am currently reading. The individual stories of the nine students are each dramatic and many are told in their memoirs. What white students did inside the school to the nine black students, following integration, and the teachers who turned their backs, is horrendous and rarely told. I highly recommend that you visit this national historic site to reset your compass on American history and the long struggle of all American people for fulfillment of basic rights. As we see today, that struggle if still in progress. But, looking back to such pillars of courage and decency as Daisy Bates gives me renewed hope for a future all of us can make happen together.

This video of an interview with Rebecca Solnit, columnist with Harper’s Magazine, prolific author on climate change, environmental issues, and other culturally relevant issues, is a clear point for those of us who feel disoriented by the sweeping changes being made in D.C.

https://hot.dvlabs.com/democracynow/360/dn2017-0328.mp4?start=2758.0

From this interview on Democracy Now on March 28, 2017, this excerpt is most important for those of us who are engaged in resisting the dismantling of hard won environmental protections and action on climate change. I recommend listening to the whole interview at the link above. Solnit has a comprehensive perspective on “where we are” and what is the work now.

What concerns me, after 30 years of activism, is that a lot of people will think, “Well, we did something today, and we didn’t see results tomorrow.” So one of the things I’ve been writing about for The Guardian and elsewhere is just trying to remind people that this is a long process, that we may be in, you know, the early stages of really redefining what democracy is going to mean in this nation, reforming the systems that were already moribund and stagnant before—you know, Trump is a consequence of a dysfunctional system, not a cause of it. So we have enormous transformative work to do. And people are actually doing it. If we keep at it, if we’re smart, if we’re skillful, if we’re more passionate about solidarity than the kind of perfectionism of nitpicking small differences, I think that extraordinary things could happen, not that they’re guaranteed. It depends on what we do. But it’s an exciting and even exhilarating moment, as well as a heart-rending and terrifying one. And those things can coexist.

Into the vacuum: China

NX_whitehouseClimate change is real, advancing, and draining the world’s resources country by country–and causing tragic migrations of families across the earth in search of places where people will take them in. This is just the beginning of woes should the world’s leaders not act decisively to stem carbon dioxide emissions.

The spectacle of our times is awesome and terrifying. Anticipating the ascension of a world leader who denigrates science and promises to focus America’s interests inward, world leaders at the latest global summit to implement the Paris Climate Change Accord have already moved on without us. China quickly stepped in to realize the benefits of leading other countries toward a fossil free world community.

P.S. America: the green economy is leading in economic sectors as our new leadership prepares to dig more coal and suck more oil out of the ground.

Have we entered into a new paradigm of Selective Science? We believe in science when it comes to curing disease, or making weapons, or making us money. But, selectively we denigrate the agencies charged with studying and protecting the earth–the planet from which our lifeblood flows. Does that make sense, I ask you?

How would Americans feel if the world’s leading countries imposed trade restrictions on us for our irresponsible behavior? Tables turned? How would it feel to be the cause of suffering across the planet due to our lack of participation in reducing emissions? I hear a refrain, from another misled politician: Burn Baby, Burn. That will come back to haunt the source and us if we do not realize our responsibility to greater humanity and to our children and generations to come.

Americans must be vigilant like in no other time before in our history. We must oppose any policies that destroy the democracy and tear asunder our fragile international relations. We must recognize our responsibility to continue to be an integral member of the international community–especially now.

VITAL SIGNS OF THE PLANET

 

 

 

The Path We Choose

Paths We Trek
Paths We Trek
Two roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;
Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same,
And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.
I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I—
I took the one less traveled by,
And that has made all the difference.

Who Owns the Water, Air, and the Land?

As the people gather in solidarity with the Standing Rock Sioux Nation, and the voices of Native American and justice activists are heard, I want to consider the issue at hand as fundamentally a land ethic issue.

Energy Transfer Partners and Dakota Access LLC are in the process of hooking up an extended pipeline that will connect existing crude oil pipeline to a tunnel pipeline to shunt crude oil to Illinois. The tunnel pipeline is planned to go underneath the Missouri River, and Lake Oahe–near the point where the Standing Rock Sioux Nation’s reservation uses the water for drinking water and irrigation. They are a poor nation whose water infrastructure is aging and constructed in such a manner that if a leak were to occur, it would essentially shut down the water supply for the people at Standing Rock Sioux reservation. Read More: dakota-pipeline-article from Inside Climate News.

The truth is that water, land, wildlife and people can not be owned. Each has the inalienable right to exist free by virtue of our common creation. What we can do is equitably share and protect resources to ensure that all people and wildlife have basic needs fulfilled within the limits of the land to provide them. In other words, human needs have to work within the ecological ability of the land and waters to provide them. This requires an ecological awareness.

Aldo Leopold advanced a land ethic in his writing, as he grew in his understanding of what a community really is:

Leopold understood that ethics direct individuals to cooperate with each other for the mutual benefit of all. One of his philosophical achievements was the idea that this ‘community’ should be enlarged to include non-human elements such as soils, waters, plants, and animals, “or collectively: the land.”  Aldo Leopold Foundation

Should the Energy Transfer Partners and the Dakota Access Pipeline operation have the right to build a pipeline underneath Lake Oahe and near the Missouri River that flows past the land  of the Standing Rock Sioux Nation? And will flow through four states and other communities?

The 1134-mile pipeline will carry 500,000 gallons of crude oil each day to Illinois. Seventeen banks stand to profit and are advancing money to make it happen.

Three U.S. agencies warned against it, but the U.S. Army Corps of Engineers used a corporate report from Dakota Access Pipeline to rule in favor of the construction. After a federal judged ruled in favor of the pipeline going forward, the U.S. Department of Justice and the Interior, and the Army together enacted a stay on that decision so that the EPA can reassess the original assessment of its safety.

As climate change impacts the world, should our society support continued drilling and transportation of crude oil to be burned and thereby increase warming of the planet and acidification of oceans? Of course not.

In the Southwest, where access to precious water will bring municipalities, tribal nations, corporate interests, and the U.S. government into negotiations over water rights, what values and ethics will we use to determine who gets what?

It is a question we must answer now.

Read about the proposed Dakota Access Pipeline

 

Can a city make its own energy?

solar-farmThe novel Threshold explores possible outcomes in Tucson, Arizona as climate change continues to dry out and heat up the Southwest.

The National Climate Assessment targets heat, drought, and insect outbreaks among other impacts for the Southwest. Surface water supply is expected to decrease as snowpack and stream flow decrease.

Projected regional temperature increases, combined with the way cities amplify heat, will pose increased threats and costs to public health in southwestern cities, which are home to more than 90% of the region’s population. Disruptions to urban electricity and water supplies will exacerbate these health problems.

Threshold tells a story about characters caught in a spiraling heat emergency and black out that stuns the city. South Tucson, a city within the Tucson city limits, rises to become more self-reliant through a solar field and solar gardens.

Yesterday, Reuters published an interesting review about changes in solar industries, showing how big solar (large scale solar fields for example) are becoming cheaper and more efficient than roof-top solar.

Many trace the tipping point for utility-scale solar to a 2014 announcement by Austin Energy that it would buy power from a new 150 megawatt solar plant – enough to light and cool 30,000 homes – for 5 cents a kilowatt hour. At the time, it was a record low price for solar power. Since then, projects have brought the price below 4 cents a kWh.

In Tucson, the  Bright Solar program offers residents an opportunity to buy blocks of solar power from a solar field. When the grid goes down however, how can residents continue to generate power if they do not have their own home or neighborhood solar panels and battery storage?

It is important to think carefully about these new technologies and the opportunities they offer people for more democratic ownership of common resources. See the concept of Solar Commons.

As solar power becomes cheaper to generate, will everyone benefit? How can a city and utility work to make solar power available to everyone? As the solar industry develops, how can communities make sure their residents have access to new training and skills necessary for employment in the solar power industry?

In Threshold, South Tucson answers those questions and solves another challenge: the high rate of unemployed youth in their community.