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.

 

Nature Writers for Earth Day

My writing practice began with love for nature writers. Rachel Carson in particular seized my imagination with her ability to combine science and lyrical language. No one in my view achieved what she was able to do–immerse readers in nature. Most of us know Silent Spring as her “manifesto” on the interconnections among humans, wildlife, and the earth. But, how many of you have read Under the Sea Wind? In this small book, her first, Carson writes life stories of three particular individuals: a Black Skimmer, a Mackerel, and a Sandpiper during one season bringing each alive as characters in a novel. The Black Skimmer (Rynchops), Sanderling (Blackfoot), and a Mackerel (Scomber) live, breed, avoid predators, and follow the urgings of seasonal changes, migrating, nesting, and feeding–all within exciting adventure writing. Readers dive deep into unseen lives nevertheless connected to them by large forces in seas, winds, and landforms. Under the Sea Wind is an immersion experience much like a 3-D visual experience today. Note: Under the Sea Wind was published about the time the U.S. was drawn into WWII. It was not until a dozen years later that it seized the popular imagination. For a superb biography of Carson’s life, read Linda Lear’s Witness for Nature, and for an excellent glimpse into Rachel Carson’s writing life, read Paul Brooks’ The Writer at Work.

Watch American Experience for the latest film about Carson’s life. It chronicles her writing and features the commentary of her biographers.

http://www.pbs.org/video/american-experience-rachel-carson/

For a regional writer of nature, I can think of no one better than Jack Rudloe who writes about the Gulf near his home and Gulf Specimen Marine Laboratory and Education Center. Jack was inspired by Ed Rickett’s whose work and life were enshrined in the popular imagination by John Steinbeck. Jack Rudloe, the 19-year old would-be scientist and nature writer, corresponded with Steinbeck in the latter year of Steinbeck’s life. Read any of Jack’s books for a another immersion adventure in: The Living Dock, The Sea Brings Forth, and the Search for the Great Turtle Mother. Anne Rudloe, his wife and marine scientist, wrote books with Jack that are reminiscent of Carson in their deep love for and accurate science about the landscapes they love and defend. Anne Rudloe passed away in 2010, and Jack and his sons carry on as Titans for Nature–like Carson in Silent Spring.

Enjoy Jack’s video about his book, The Wilderness Coast.

If you have time to sit down to read the record of Ed Rickett’s and John Steinbeck’s travels in the Sea of Cortez–The Log of the Sea of Cortez–you will be treated to a glimpse into evolving ideas about ecology as an ethical basis for living. Then, treat yourself to the film Cannery Row with Nick Nolte, Debra Winger, and John Huston. John Steinbeck’s novel, Cannery Row, is based on Rickett’s marine supply business in Monterey, California when the coastline abound with sea life.

 

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.

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.

And just like that, a second novel

Mountains to the Sea

Well, that second novel has been “cooking” in my mind for many years, and builds on years of experiences that reach back to 1990. That year I moved to Yuma, Arizona to teach middle school students at Crane Junior High School. Yuma first introduced me to the Sonoran Desert, and naturally, I experienced the hottest part of it first. Yuma temps that first summer hit 122 degrees Fahrenheit. My friends and neighbors taught me how to stay safe while traveling, and how to get out early in the morning before the heat made it impossible.

All around the school and neighborhoods where I lived, agricultural fields stretched out in long even rows with canals as borders, while row upon row of blue water soaked into the ground, evaporating in the intense heat. Surrounded by a sea of broccoli, my school was embedded in the large-scale industrial farming operations in which many of my students’ parents labored. On these intensely hot days, I wondered at the ability of human beings to endure hard labor in those fields.

AZ Agriculture Photo

Then, the fact that the water came from the high Wyoming plateaus and Rocky Mountains was only vaguely in my awareness. Precious river water poured down through deep canyons into the dams that controlled the North American Nile, and by a complex system came to Yuma and the Imperial Valley to grow 90% of America’s leafy produce between November through March. Then, I was focused on my students’ daily struggle to learn and grow up under harsh conditions of poverty and discrimination. But, all around us was a BIG STORY about a river, its people, and how it came to be the most controlled and overused body of water in North America. Indeed, the Colorado River is so over-allocated that it no longer winds its way to the Gulf of California as it did for thousands of years.  The  magnificent delta region, one of the world’s largest and most productive wetlands, literally dried up and died.

This is the subject of my second novel, The American Nile: Voices of a River and Its People. I am working with a talented editor and should have a solid draft completed before I return home from Tucson in late April.

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

 

 

 

Threshold – Readings Scheduled in Tucson

Starting in November, I will be reading from Threshold, my new novel published by Fireship Press. I hope to schedule many kinds of readings from bookstores, to organizations, to private book clubs in Tucson, Phoenix, and the region. I am also happy to talk with nonprofit groups working toward similar goals who may wish to fund raise with the boo–a portion of the book sales to go to your mission.

November 12 I will read and discuss the book at the Annual Membership Meeting of the Tucson Chapter of Physicians for Social Responsibility, PSA Chapter Arizona, to be held at the Amity Foundation.

PSR Arizona works toward a sustainable society, mitigating climate change through clean energy production, resiliency building among neighborhoods, and a nuclear weapon-free world.  PSR developed Climate Smart Southwest, a training program for neighborhood leaders and associations to begin to build relationships and knowledge in their residents for combat climate change and also to work toward more sustaining ways of living. Clean energy, local food production, and emergency procedures are all part of the training. The hope is that Tucson and the region will  respond to climate change with a blend of old and new technologies that will protect people’s health while building a sustainable future in the Southwest.

In Threshold characters are dealing with impending water shortage while managing frequent power failures in the Southwest during increasingly hot temperatures. Hyperthermia and heat stroke are common, and without specific knowledge and action on the part of citizens, an increase in fatalities shocks the community. As the story progresses characters make decisions, allowing readers to consider what they might do in similar conditions, or how their own community can plan to mitigate climate change in their own region.

Other Scheduled Readings:

November – Reading at Private Home with Neighbors and Book Club

November 12 – Annual Meeting of the Physicians for Social Responsibility, Tucson Chapter, at the Amity Foundation

November 19, 12- 2 pm, Bookman’s, Tucson at Speedway and Wilmot

November 26 – COAS Bookstore, Las Cruces, Book Signing

December 19 – National Writers Union, Tucson Chapter at Bookman’s

March – Date TBA – Mission Garden, Tucson’s Birthplace

 

A Brand New Kind of West

In 1878, John Wesley Powell submitted A Report on Arid Lands to the U.S. Congress. In it he proposed that land grants to settlers in the arid lands of the country be determined by the geology and physiology of the land. That may seem perfectly logical to modern readers, but in that time, myths about the productivity of the land dominated over reality. Manifest Destiny was a locomotive roaring across the lands of the west.

Powell’s ideas were based on science, as Wallace Stegner, in his brilliant biography of Powell’s service to the U.S., Beyond the 100th Meridian, dramatically illustrates.

NPR’s 2003 Program on The Vision of John Wesley Powell

Powell proposed that tracks of land for raising cattle or sheep be 2, 250 square acres, and irrigable land for farming be only 80 acres with water rights. Both of these proposals were based on the aridity and productivity of landscapes in the west which, for grazing, required much more than the 160 acres provided in the Homestead Act to find enough water sources for animals to thrive. He also demonstrated that the productivity of desert soils with the addition of water required only 80 acres–all one farmer and his family could reasonably manage.

Had government agencies deeding land to settlers west of the 100th meridian used scientific reasoning, we would have a different west today. As we did not, most of the settlers who obtained 160 acre allotments soon failed. Their land was not returned to the U.S. lands in public trust but rather it went to the banks who financed farmers production. Powell points out that the Homestead Act resulted in millions of acres of public lands going to corporations. Again, using scientific research Powell busted another popular American myth.

Powell further proposed that the government require land owners planning to use a given water source, such as a river, be required to form an irrigation district made up of nine potential land owners, to demonstrate they could successfully share the water over a three year period before obtaining title and water rights.  He based his recommendation on successful models of the Mormons in Utah and Spanish land owners of New Mexico Territory with their ejidos resource commons.

Science was the basis of Powell’ prescience regarding the development of the western lands of the U.S.  Today, science must help major Southwestern cities and regions rethink how to manage water among themselves. We will not be able to return to zero, but we can try to develop policies today that fit the landscape.

For the entire history of water development in the west, science has not dominated decision making but rather economics. Millions of Americans now live in cities where a reliable source of water is threatened, and millions of acres of agricultural lands, supporting American households and the world are on the brink of collapse due to long term drought conditions projected to last hundreds of years.

What kind of thinking and planning will be required to move us in the direction of a sustaining system for water usage in the West? How will our economic models need to change to run concurrent with the physical realities of the land and resources we wish to use?

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

 

Why My Characters’ Zip Code Matters

Teenager_Boy_clip_art_mediumEnrique, a youth living in Tucson’s poorest neighborhood, begins his life with “the cards” stacked against realization of his dreams. Caught in a web of drug traffickers who recruit disadvantaged youth in his barrio, he navigates each day as one in a war zone with the goal to survive between sun up and sun down. Yet like each of us, he has innate potential that, under supporting circumstances, can change his life.

On the back stoop in the alleyway, he lit a cigarette, drawing deeply, breathing out a cloud, letting the afternoon sun warm his chest and arms. His thoughts turned to friends who had joined Bloods Southwest. He decided to talk to Pepe tomorrow at school. Then he went back inside to do his math homework. At least he could work numbers with no problem. He liked that math was governed by rules that never changed, and when he sought answers, he could always work them out.                                                ~ Threshold (2016), Fireship Press, Tucson, AZ

Research shows that a person’s zip code predicts how healthy they will be, how long they may live, what degree they may earn in school, and the size of their pay check. Your zip code can predict your chance of being obese, asthmatic, a drug addict or alcoholic, whether your baby is likely to be born prematurely or with a disability — and even how likely it is that you will live past age 5.

Where you live is a powerful determinant of your life outcomes. What’s more, your zip code may determine how resilient you can be as climate change advances.

How can we end this terrible injustice? Read Threshold to learn how characters find solutions.