International Day of Living Together in Peace – May 16th

Written by Astrid Euwe Wyss and Panashe Marie Louise Mlambo 

On 16 May, the world celebrates the International Day of Living Together in Peace, established by the UN General Assembly in its resolution 72/130 on 8 December 2017.1 This day calls upon individuals and communities globally to unite in the spirit of peace, understanding, and cooperation, fostering an environment where differences are respected and harmony is pursued. 

Broken Chalk, a dedicated advocate for educational rights and human rights, proudly reaffirms its commitment to promoting peace and understanding in educational settings worldwide. Our organization tirelessly engages with international bodies, governments, and key stakeholders to champion the cause of living together in peace, particularly within the education sector.2 

The essence of the International Day of Living Together in Peace aligns seamlessly with the principles enshrined in the Universal Declaration of Human Rights, which states, “Everyone has the right to education” and “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.”3 Broken Chalk stands firmly behind these ideals, advocating for educational environments where peace, tolerance, and mutual respect are paramount. 

Broken Chalk recognizes the urgent need to bridge this gap and ensure that educational laws worldwide promote peace and non-discrimination. By advocating for stronger legal frameworks and inclusive policies, we aim to uphold the fundamental right to education for all individuals, regardless of their background or circumstances. 

“Our work is driven by a commitment to fostering peace and understanding in education. On this International Day of Living Together in Peace, we urge governments and stakeholders to prioritize the promotion of peace in education and to take decisive action to address systemic inequalities and conflicts.” – Broken Chalk representatives.  

As an international organization, Broken Chalk remains steadfast in its mission to achieve both local and global perspectives in its advocacy efforts. Through collaborative action and collective engagement, we strive to create a world where every individual has access to quality education in a peaceful, inclusive, and respectful environment and continue to promote peace, tolerance, inclusion, understanding, and solidarity. 

Education Cannot Wait: Empowering Children in Crisis Through Global Fund for Education

Written by Frida Brekk

In a global landscape characterized by conflicts, disasters, and protracted crises, the fundamental right of education often finds itself neglected. However, since its establishment in 2016, Education Cannot Wait (ECW) has emerged as a beacon of hope for countless children and youth affected by such circumstances. Functioning as the United Nations’ global fund for education in emergencies, ECW strives to bridge the gap that exists between immediate humanitarian response and long-term development aid. Its primary objective is to ensure that children can avail themselves of safe, high-quality, and inclusive education.

Through its significant and impactful initiatives, Education Cannot Wait plays a crucial role in empowering children worldwide. Emergencies, whether arising from conflicts, natural disasters, or other crises, disrupt lives and inflict profound devastation upon communities. Amidst such chaos, the fundamental right to education is often relegated to a secondary concern.

Displaced children, in particular, frequently find themselves deprived of access to schools, teachers, and educational resources, thereby jeopardizing their prospects for a better future. The absence of education further exposes these children to heightened vulnerability, exploitation, and the perpetuation of cycles of poverty and inequality. Acknowledging the pressing urgency of this situation, Education Cannot Wait was established with the explicit purpose of addressing the educational needs of children enduring crisis situations.

The fund operates as a unique partnership that brings together governments, United Nations agencies, civil society organizations, donors, and other stakeholders. Its goal is to mobilize resources and coordinate action to deliver quality education to children and youth affected by emergencies. By aligning humanitarian and development efforts, ECW aims to create sustainable solutions and provide education as a lifeline for affected communities.

How does the ECW fund work?

Key Objectives and Strategies of ECW include endeavours to secure and invest resources for education in emergencies. By leveraging both public and private funds, the fund aims to close the financing gap and ensure sustained support for education programs during crises.

Through its Rapid Response Mechanism, ECW can quickly disburse funds in the early stages of a crisis. This enables the immediate establishment of temporary learning spaces, the recruitment and training of teachers, the provision of learning materials, and the delivery of psychosocial support.

Education Cannot Wait promotes innovative approaches and partnerships to improve education outcomes in emergencies. By collaborating with governments, NGOs, and the private sector, ECW strives to harness technological advancements, adapt education models, and implement effective programs that reach vulnerable children.

Impact and Sucess Story in Africa’s Lake Chad

Since its inception, Education Cannot Wait has made a significant impact on the lives of crisis-affected children. It has reached over 4 million children and youth across more than 30 countries, providing them with access to education and restoring a sense of normalcy amidst chaos. ECW’s initiatives have resulted in increased school enrolment rates, improved learning outcomes, enhanced protection measures, and the empowerment of marginalized groups, particularly girls. 

One notable success story is ECW’s partnership with UNICEF in the Lake Chad Bassin region. Through innovative programming, ECW has established learning spaces, trained teachers, and delivered essential educational materials to children affected by the Boko Haram insurgency. These interventions have allowed children to regain a sense of stability and hope, paving the way for a brighter future.

The violence in Cameroon’s Far North region, coupled with challenges such as poverty, weak public services, armed conflicts, and climate change, have put the affected children and adolescents at risk. ECW’s funding seeks to ensure their safety, rights, and access to quality education. The investment is supporting teacher training, infrastructure development, and community-based initiatives to promote inclusive education and empower girls. This funding complements previous ECW investments in Chad, demonstrating a commitment to education in emergencies and the well-being of crisis-affected children and adolescents.

Education Cannot Wait’s tireless efforts to prioritize education in emergencies have brought hope and transformation to countless children and youth affected by crises worldwide. By bridging the gap between humanitarian response and development aid, ECW has proven that education can be a powerful catalyst for change.

Cover Image: Lake Chad Bassin crisis january 2017 via Flickr

References

Education Cannot Wait (ECW) Official Website https://www.educationcannotwait.org/

Ibid. “Where we Work”, Chad. https://www.educationcannotwait.org/our-investments/where-we-work/chad

From Challenges to Triumphs: Latvia’s Educational Narrative

Written by Anastasia Bagration-Gruzinski

Education plays a vital role in the development and prosperity of any nation. In Latvia, a Baltic country in Northern Europe with a population of 1.9 million, the post-Soviet era brought opportunities for growth and reform across various sectors. However, as Latvia embarked on its independent path, it faced significant challenges within its education system. This article delves into the diverse educational challenges facing Latvia and proposes potential solutions to ensure a brighter future for its youth and the nation as a whole.

Quality of Education

One of the primary challenges plaguing Latvia’s education system is the uneven quality of education. Although some improvements have occurred over the years, Latvian students’ average performance in international assessments, such as the Programme for International Student Assessment (PISA), continues to lag behind the Organisation for Economic Cooperation and Development (OECD) average.

For example, Latvia ranked 30th out of 79 countries in mathematics, science and reading in the 2018 PISA assessments and 21 in the 2022 PISA. Such trends highlight underlying issues within teaching methodologies, curriculum design, assessment practices and learning environments that need attention and reform. Insufficient training for teachers and limited education funding contribute to this challenge.

Regional Disparities

Latvia’s education system exhibits significant regional disparities in access to quality education. Rural areas and small towns, especially Latgale – the poorest region, suffer from inadequate educational resources. This includes shortages of well-trained teachers, crumbling school infrastructure, lack of access to technology, limited course options, and inadequate learning facilities like libraries or laboratories.

For instance, schools in rural Aluksne had 10 teachers per 100 students in 2020, compared to just 6 teachers per 100 students in urban Riga. Such inequality in opportunities based on geographical location is a matter of grave concern and requires immediate policy and resource allocation interventions.

Teacher Shortages

Similar to many countries worldwide, Latvia faces an acute shortage of qualified teachers across subjects, which exacerbates educational challenges. Low salaries, limited professional development opportunities, high workloads and stressful working conditions contribute to the lack of new entrants to the teaching profession.

For example, the average monthly salary for teachers was just €930 in 2019, nearly 25% below the national average. Subjects like mathematics, sciences, foreign languages, and vocational skills face especially dire shortages. The consequences of teacher shortages are far-reaching, negatively impacting the quality of education and student outcomes.

Language of Instruction

Latvia’s ethnically diverse population, including a significant Russian-speaking minority comprising over 30% of the populace, poses challenges regarding language of instruction policies. The current national educational policy prioritizes Latvian as the primary medium of instruction. This can disadvantage students from Russian or other linguistic minority backgrounds who struggle with academic Latvian.

Critics argue this language barrier can result in lower educational attainment and assessments for minority-language students. Hence, balancing preservation of the national language with principles of equity and inclusion remains a persistent dilemma.

Early School Drop-out

Latvia has one of the highest rates of early school leaving in the European Union, with over 8% of 18-24 year olds classified as early school leavers in 2020. This premature disengagement from education severely limits students’ future higher education and employment prospects in today’s knowledge economy.

Complex factors like poverty, learning difficulties, family problems, disability or cultural biases contribute to early school abandonment. Tackling this urgent issue requires identifying and addressing its multifaceted root causes.

Possible Solutions to Latvia’s Educational Challenges:

1. Teacher Training and Professional Development

Investing in rigorous pre-service and in-service teacher training programs is crucial to enhance the quality of education in Latvia. Providing teachers with ample opportunities to learn modern pedagogies, educational technology skills, subject content knowledge and classroom management strategies can positively impact their teaching quality and student learning.

Incentives like salary increases for professional development, reduced workloads for new teachers, and training costs coverage can encourage continuous upskilling. Latvia must elevate the teaching profession and empower teachers to provide an outstanding education.

2. Equitable Resource Allocation

To mitigate regional disparities, the Latvian government must prioritize the equitable allocation of educational resources, including qualified teachers, infrastructure upgrades, learning technologies and instructional materials. Needs-based funding formulas can help ensure rural schools receive resources matching their student requirements. Upgrading rural school facilities and amenities is essential to bridge the urban-rural divide.

3. Multilingual Education

Promoting competency-based multilingual education is key to cater to Latvia’s diverse populace. Students should build a strong foundation in Latvian while also gaining proficiency in languages like English and Russian to thrive in a globalized world. Introducing immersive bilingual programs, recruiting multilingual teachers and encouraging exchange programs can support an inclusive multilingual vision.

4. Vocational Education

Latvia should strengthen and elevate vocational education and training (VET) programs as a viable pathway for students. VET provides relevant skills for trades and careers like engineering, IT, healthcare, business, hospitality and more. Work-based learning through apprenticeships and partnerships with industry can boost employability. Promoting VET through career guidance initiatives and highlighting its benefits is imperative.

5. Early Intervention Programs

Implementing targeted early intervention programs is vital to identify and assist students at risk of dropping out. Academic, social, psychological and career counseling services can help struggling students overcome challenges. Initiatives like vocational or alternative schools, online/remote learning options, and modified curriculum or evaluations may re-engage disconnected students. A holistic support system can get students back on track.

6. International Collaboration

International cooperation provides invaluable insights into global best practices that can inform Latvia’s education reforms. Participating in exchange programs, partnering with international education experts, and exploring successful initiatives from high-performing school systems worldwide can accelerate improvements. The OECD and EU provide important technical guidance and networking platforms.

7. Parental Engagement

Schools should actively encourage parental participation in education through frequent communication and workshops on supporting children’s learning. Equipping parents with tools like reading aids, disciplinary techniques and homework strategies fosters positive home learning environments. Regular parent-teacher meetings and volunteering opportunities can strengthen family-school partnerships and student outcomes.

8. Technology Integration

Integrating digital technologies like online learning platforms, interactive simulations, education apps and multimedia creation tools can enhance instruction and learning. However, this requires infrastructure investments, teacher training, well-designed e-content, and equitable student access. Blending online elements with traditional classroom teaching can make learning engaging, collaborative and tailored to diverse needs.

9. Quality Assurance Mechanisms

Robust quality assurance frameworks are essential to monitor and evaluate school performance, teacher practices and student outcomes. Standardized assessments, inspections, surveys and performance targets can help identify areas for improvement. Data analytics should guide evidence-based reforms and resource allocation. Sharing best practices between high-performing and struggling schools also facilitates growth.

10. Comprehensive Education Reforms

Fundamental reforms are imperative to address deep-rooted, systemic challenges. Policy initiatives could encompass modernizing curricula, elevating teacher status, implementing equitable funding structures, improving vocational education and creating inclusive language policies. A long-term roadmap for phased reforms with clear goals and monitoring systems can drive impactful change.

11. Increased Public Investment

Adequate public financial resources are critical to execute impactful reforms, upgrade infrastructure, support teachers and improve overall quality. Education funding in Latvia remains below EU averages. Policymakers must make education a top priority in annual budgets. Supplementing with support from parents, communities and private sector can create synergies.

In conclusion, Latvia’s key education challenges encompass uneven quality, regional disparities, teacher shortages, language barriers, and high early school leaving. Tackling these requires a multidimensional approach including teacher development, equitable resource allocation, multilingual instruction, vocational training, preventive interventions, digital adoption, quality assurance frameworks, public investment and international collaboration. Investing in such solutions can empower Latvia’s youth to excel academically and professionally while fostering inclusive growth. Education is the foundation for Latvia’s progress, competitiveness and prosperity in the 21st century global economy. With comprehensive reforms and collective effort from all stakeholders, Latvia can transform its education system challenges into triumph.

A special mention goes to my dear friend Ana Mamaladze, whose valuable insights and discussions greatly enhanced the depth of my research.

Educational Challenges in Spain

Written by María Núñez Fontain

“A BOAT WITHOUT A CAPTAIN IS CONDEMNED TO SINK“

Spain is a developed country and member of the European Union, which would give it a clear advantage in terms of educational levels and resources. Nevertheless, taking a closer look at Spain’s educational system, this quickly proves not to be the case.

At first glance, Spain’s most predominant issue seems to be clear: despite numerous attempts to modernise and adapt the educational curriculum, it still seems to be far and detached from the demands of its society.[1] Due to its decentralized State, this also proved problematic when attempting to achieve unity and equality.

As recent as 2021, Spain introduced the LOMLOE,[2] the new law on education that built upon the previous one – LOE – and obliviated the previous legislation, the LOMCE. This new law highlights sustainable development, gender equality, childhood rights, digital transformation and the adoption of a transversal approach to ensure success throughout constant improvement.

DROPOUT RATES

Spanish students tend to obtain low results on the PISA tests, despite being one of the countries that spends most time in classrooms.[3] The PISA is a test which measures 15-year-old´s educational level, and it is taken every three years. These low results reflect Spain´s teaching method, which focuses on memorizing information and not developing one´s autonomy and problem-solving skills. Another issue which may be linked to Spain’s low results is the fact that it currently has the highest school drop out rate of all European Union, as the current teaching methods make it difficult to maintain the student´s motivation and interest.[4] Unfortunately, this apathy also translates onto the teachers, who should be the ones sparking the interest of the students but, at the same time, should be motivated themselves.

The rate of early school dropout reached 14% in 2012, 5% above the EU target for 2030 which is set at 9%. This number makes Spain the second country in Europe with the most amount of people between 18 and 24 years old without basic education and training.[5] This percentage being highest among students whose mothers did not complete their primary education.[6] Ultimately, this reflects the biggest challenge currently facing Spain’s education system: the socioeconomic segregation.

SOCIOECONOMIC SEGREGATION

This is an issue which the European Commission and the United Nations have repeatedly requested Spain to address, and the socioeconomic disparity was also targeted in a report by the UN Special Rapporteur on extreme poverty and human rights in 2020. Before analysing its content, this article will offer a brief outlook at the socioeconomic situation of Spain with regards to education.

When addressing educational shortcomings, debates often revolve around aspects such as religion as a school subject or the strict use of the State’s official languages.[7] These two issues, while relevant, are far removed from the immediate problem. Spain shows high rates of inequality, scholarly failure, lack of monetary resources and scholarly segregation for socioeconomic reasons.[8]

In Spain, public schools host a high percentage of immigrants and students from low income families, which only increases the correlation between the quality of the education and the monetary resources to afford it – ultimately turning public schools into “guettos” with limited possibilities for their students and teachers.[9]

With the new legislation, the criteria for selecting students into public and private schools will fall on the hands of the public Administration, in what seems as an attempt to bridge this gap. In spite of this, the lack of awareness – or willingness to do so – must be addressed first if any solutions are going to be discussed.

Boy walking with a backpack in Spain. Picture by Jesús Rodríguez (2017)

THE ROLE OF TEACHERS

There is one challenge around which there is – almost – universal consensus: the role of the teachers. As the figures in charge of guiding students from an early age, teachers are often not given the respect they deserve as attending school is seen as a “tedious chore” in Spain. This might be because of the education teachers themselves receive, which is focused on the institutional aspects but does not give them the tools from a pedagogic perspective.[10]

Furthermore, the profession of a teacher presents a high percentage of instability, which prevents them from growing professionally.[11] This is exacerbated by the numerous changes in the educational laws that have taken place during recent times, a common object of concern and condemnation amongst teachers. With education often being used as a political weapon, its legislation changes along with the different governments.

Broken Chalk had the opportunity to interview Raúl Prada, the Head of Language Departments of a school in Spain. His answers will allow the reader to gain a better perspective on the education challenges that Spain currently faces from the perspective of a teacher who, as said by himself, is “in love with his profession”.

Q. What, in your opinion, are the main educational challenges in Spain?

I believe that the main challenges facing education in Spain are an excessive ratio in the classrooms that prevents the teacher from giving personalised attention. With the increase in students with special needs in each classroom, the problem worsens: these students are the most affected by this inability to provide them with special care and, ultimately, it plays a role in moving them further and further away from their integration into society.

Q. Do you think that in Spain there is a problem of socioeconomic segregation when it comes to education? Why? Why not?

Socioeconomic segregation is clearly connected to what was answered above, since the excess ratio at all levels causes students with more personal, social and economic difficulties to see themselves in clear inferiority with respect to those whose families can afford external support. This becomes even more evident in those families who cannot afford for their children to participate in activities during extracurricular hours.

Q. Have you encountered any experiences of socioeconomic segregation?

The aforementioned is a fact that we encounter every day in any classroom in Spain: an excess of students who should have more and better attention and teachers who cannot give more than they do, causing great frustration in them.

Q. How do you think teachers are viewed in the Spanish educational system?

The role of the teacher in Spain has been socially degraded increasingly each year, becoming not very well regarded by some families who question their decisions and, in many cases, far from helping, hinder their work. This is aggravated by the Administration, that increases every year the bureaucratic burden and forgets that the most important objective of the teacher is to educate.

Q. What measures or ideas would you suggest to improve the situation of the teachers?

The main solutions I would recommend based on my personal experience are firstly, to lower the ratio in the number of students per classroom, and secondly, to decrease the bureaucratic burden that exists in education and schools.

Q. Would you like to share any experience – positive, negative or both – about your experience and role as a teacher?

I am a positive person and in love with my profession, so any experience I can contribute with is positive. I always keep in mind what my students share with me while I try to be mindful of their needs. I feel that they appreciate and value it. However, I still always regret not being able to give more to those who need it.

Q. From a personal perspective, how do you feel the educational system has evolved and changed since you first started teaching and why do you think that is?

Unfortunately, the evolution of our educational system in the last 25 years is little or not enough. The reason is that the different governments that Spain has had in these years have made Education a political reason and approved successive laws – 8 different ones in 25 years. In doing so, they have failed to consider whether or not they enjoyed support from the entire political spectrum, rather focusing only on the political value of it. The result is that each party has approved a law tailored to its needs, which has been successively repealed when a party with a different ideology comes to government.

This situation has created great instability in the Spanish educational systems and has prompted some changes with no follow-up. Spain urgently needs an Educational law of general and permanent consensus, although subject to small variations.

Q. Any thoughts, comments or messages you would like to share as a teacher.

As a teacher, I say that the only way to survive on a day-to-day basis is the love for this profession and dedication to your students, and you must put aside the obstacles that grow every day because otherwise demotivation and helplessness will dig in us.

UN SPECIAL RAPPORTEUR ON EXTREME POVERTY AND HUMAN RIGHTS

All of the aforementioned concerns – and some more – were crystallized into the report by the UN Special Rapporteur on extreme poverty and human rights, written during his visit to Spain.[12]

The UN Rapporteur starts by saying that “education and poverty are closely linked”. Indeed, the socioeconomic resources of a family dictate the schools they have access to, and the public schools grow overflooded with low income and immigrant students, whose education cannot be ensured at the level that should be.

This is also due to the lack of public investment in education, which despite being free, shows a reality in which its crucial role does not match the resources thereby attributed.[13] The UN Rapporteur correctly concludes that “school segregation increases grade repetition, failure and dropouts, decreases assessment scores and adversely affects students’ expectations of pursuing university studies”. Finally, the education section rescues a quote from a Save the Children report from 2018, which reads: “concentrating children from the poorest backgrounds in the same schools is no recipe for educational success or overcoming poverty”.[14]

UN Special Rapporteur Philip Alston in Spain. Picture by Olivier de Schutter (2020)

CONCLUSION

Examining Spain’s educational system, it has become apparent that it presents several flaws. First, not only is the curriculum outdated, but it also fails in motivating the students and in preventing – or at least mitigating – the elevated school dropout rates. Second, Spanish schools do not cater to the needs of the population: not every school has the same resources and not every person can afford to attend any school. Instead of correcting this trend, in the last years it has been exacerbated, making schools a mirror of the social status of the students and their backgrounds. This effectively prevents a system based on equal opportunities.

Additionally, those in charge of actually providing the education are not motivated enough. The stability of their jobs is not ensured, and the lack of resources or their inadequate distribution prevents the teachers from giving individualised attention to the students. This overall contributes to a general environment of apathy which has an impact on both ends (students and teachers). Lastly, as long as education continues being a tool of politics, adjustable to the ideologies of the dominant political party, it will remain as a subdued element instead of a priority, and Spain will continue to suffer from low quality education and the inability to achieve efficient results.

References

2024 Thematic Report to the 79th Session of the UN General Assembly

Presented by Olimpia Guidi and Sarah Kuipers

Human rights organisations and NGOs play a crucial role in monitoring the impact of sanctions on human rights and providing support to affected parties. 12

In addressing the impact of sanctions on rights, Russia has recourse to various international mechanisms. These include the United Nations (UN), which it can engage through the UN Security Council, leveraging its position as a permanent member to voice concerns and negotiate resolutions. 15 Additionally, as a member of the World Trade Organization (WTO), Russia can challenge trade-related sanctions that contravene WTO agreements through dispute settlement mechanisms. 16

Furthermore, Russia’s membership in the Council of Europe subjects it to the jurisdiction of the European Court of Human Rights (ECHR). 17 Individuals or entities affected by sanctions can bring cases before the ECHR alleging violations of human rights protected under the European Convention on Human Rights. 18 Moreover, Russia could potentially utilise the International Court of Justice (ICJ) to challenge sanctions it believes violate international law or treaties. 19

However, ICJ jurisdiction requires the consent of all parties involved, posing limitations on its effectiveness. 20

Despite these avenues, the effectiveness of international mechanisms in safeguarding rights impacted by sanctions is subject to various limitations. Political considerations often hinder progress, with powerful actors reluctant to challenge one another’s actions. 21 Legal processes within these international bodies are typically time-consuming, offering delayed relief. 22 Enforcement of decisions and compliance by sanction-imposing countries can also be challenging. Furthermore, the scope of these mechanisms may not fully address the extraterritorial application of sanctions or their broader economic ramifications.

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References

12 Goncharenko, G., & Khadaroo, I. (2020). Disciplining human rights organisations through an accounting regulation: A case of the ‘foreign agents’ law in Russia. Critical Perspectives on Accounting, 72, 102129. Available at:https://www.sciencedirect.com/science/article/abs/pii/S104523541930108X

15 Gifkins, J. (2021). Beyond the veto: Roles in UN Security Council decision-making. Global Governance: A Review of Multilateralism and International Organizations, 27(1), 1-24.
16 Gantvarg, I. (2023). Categorisation and Legality of Trade Sanctions Imposed on Russia: Examining Compatibility with WTO and UN Legislation.
17 Nelaeva, G. A., Khabarova, E. A., & Sidorova, N. V. (2020). Russia’s Relations with the European Court of Human Rights in the Aftermath of the Markin Decision: Debating the “Backlash”. Human Rights Review, 21, 93-112
18 Ibid.
19 Sarkin, J. J., & Sarkin, E. (2022). Reforming the International Court of Justice to Deal with State Responsibility for Conflict and Human Rights Violations. International Human Rights Law Review, 11(1), 1-35. Available at:https://brill.com/view/journals/hrlr/11/1/article-p1_001.xml
20 Wulandari, R. (2022). Jurisdiction Issues of the International Court and the effectiveness of ICJ’s Decision in the Russia-Ukraine Dispute Resolution. Nurani: Jurnal Kajian Syari’ah dan Masyarakat, 22(2), 343-350.
21 Frye, T. (2022). Weak Strongman: The Limits of Power in Putin’s Russia. Princeton University Press.
22 Ibid.


Examining Contemporary Forms of Slavery: Implications for Currently and Formerly Incarcerated Populations

Presented by Samantha Orozco and Ariel Ozdemir

In the complex landscape of United States prison labour, there exist six primary categories of prison labour, namely maintenance work within carceral facilities, state prison industries, public works assignments benefiting governmental and non-profit entities, employment with private industries, work-release programs and restitution centres, and agricultural work.

Maintenance work primarily consists of tasks to maintain the prisons themselves, such as janitorial duties, food preparation, grounds maintenance, repair work, laundry, and providing essential services like working in prison hospitals, stockrooms, stores, barber shops, and libraries.

Discriminatory labour assignments
According to a report by the American Civil Liberties Union (ACLU) on exploitative carceral labour, race is a large determinant in work assignments. The report reveals that Black men are predominantly assigned to lower-paying or unpaid work such as agricultural, maintenance, or other facilities services jobs, while a higher proportion of white men are assigned to higher-paying jobs such as public works positions.

Inadequate wages & extortion
Incarcerated labourers are paid inadequate wages, often receiving minimal to no compensation; this condition has continued for decades without noticeable improvement. Moreover, prisons, along with the federal government, routinely deduct substantial portions—sometimes up to 80%—of these meagre wages to cover court-imposed fines, taxes, family support, restitution, and room and board expenses, exacerbating the financial burdens faced by those behind bars. According by the ACLU report, states also use the profits garnered from wage deductions “to sustain and expand incarceration” for such things as the construction and renovation of carceral facilities and the establishment and expansion of prison labour programs. Prisons frequently exploit and extort inmates by charging them exorbitant prices for essential items such as phone calls to families and toiletries. Consequently, the families of incarcerated individuals experience significant financial strain to meet these basic needs under price gouging. This also contributes to increased community-level financial insecurity and incarceration in areas with higher rates of incarcerated community members, perpetuating a vicious cycle of exploitation and insecurity.

Incarcerated labourers are not protected by the Occupational Safety and Health Act (OSHA), a federal statute that sets minimum standards and safeguards for health and safety in the workplace. As a result of the lack of workplace protections, incarcerated workers face many dangers in the workplace. Despite lacking jurisdiction to protect these workers, the Occupational Safety and Health Administration has conducted limited investigations which have uncovered severe health and safety concerns and a complete failure to ensure protections in the workplace.

Firstly, many lack proper safety training, leaving them vulnerable to preventable injuries and even fatalities while on the job. A staggering 70% of those surveyed by the ACLU reported receiving no formal job training. Additionally, they often find themselves working in unsafe environments, such as meat and poultry processing plants, garment factories operating sewing and cutting machinery, and industrial-scale prison kitchens and laundries where they’re exposed to hazardous chemicals and industrial machinery. Furthermore, incarcerated workers frequently endure a denial of medical care for workplace injuries. Moreover, during the COVID-19 pandemic, they were thrust to the frontline of the response effort, engaging in tasks like producing personal protective equipment (PPE) while being barred from using it, working in morgues, cleaning medical units, and undertaking frontline health roles, all of which put them at heightened risk of contracting the virus. Despite these dangers, incarcerated workers deemed to have essential job assignments were mandated to continue working.


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Towards Global Justice: Advocating for a Moratorium on the Death Penalty

Presented by Sarah Kuipers, María Núnez Fontán and Ariel Ozdemir

In 2020, 37 states voted against at the UNGA res 75/183 on the use of the death penalty, one of which was North Korea (DPRK). i However, the DPRK has not yet abolished the death penalty and therefore remains a retentionist state. Due to its political nature and isolationist policies, the subsequent lack of access to the DPRK continues to prove a barrier to data collection on the implementation of the resolution and the abolition of the death penalty for NGOs and international bodies alike. However, eyewitness accounts of North Korean defectors provide vital information into the inner workings of the DPRK and the ongoing use of the death penalty. This report will outline relevant updates on the situation in the DPRK regarding the use of the death penalty, the implementation of resolution 75/183, and the impacts on human rights in the country.

According to some NGOs, there are not many reliable sources from the DPRK, which would provide transparent data on the death penalty. As mentioned by Amnesty International, the issue lies within the dependent media sources and lack of transparency in verification. v

While the DPRK maintains that they do not carry out public executions, credible information from defectors gathered by human rights organisations such as Amnesty International contradicts these statements. xii As of recent reports, the DPRK has continued to employ the death penalty as a means of enforcing its authoritarian rule. The death penalty is codified into North Korean law for various lethal and non-lethal crimes. For example, the Pyongyang Cultural Language Protection Act (enacted in January 2023) bans any language deemed to have foreign influence or exhibit linguistic similarities to South Korean language. xiii During and following the outbreak of the COVID-19 pandemic, North Korea has also enforced a ‘Shoot on Sight’ order at the border for anyone attempting to enter or leave the country. xiv While limitations on freedom of movement have been somewhat eased for select people within and outside North Korea, the majority of the country’s citizens continue to be banned from leaving, punishable by death as “treachery against the nation”. xv

In another case last year, 20 young athletes were reportedly sentenced to 3-5 years hard labour for using South Korean language and slang (while execution was also a possible legal punishment for their actions under the Pyongyang Cultural Language Protection Act) xxi . Executions have also been reportedly carried out for religious and superstitious activities, drugs, and the breaking of covid regulations. xxii Moreover, reports indicate that infanticide and forced abortion have been used, especially in cases of mothers who were political prisoners, people with disabilities, victims of sexual violence by government officials and prison guards, and defectors forcibly repatriated from the PRC.

However, the utilisation of the death penalty in North Korea represents a gross violation of fundamental human rights including the right to life. The process lacks the most basic standards of due process and fairness, violating the fundamental right to a fair trial. Trials are often conducted behind closed doors, with defendants denied access to legal representation and facing pressure to provide forced confessions. xxiii Furthermore, the arbitrary nature of the accusations and lack of transparency surrounding these executions raise serious concerns about the legitimacy of the judicial system in North Korea.


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References

i UN RESOLUTION FOR A UNIVERSAL MORATORIUM ON THE USE OF THE DEATH PENALTY ANALYSIS OF THE 2020 VOTE. (n.d.). Retrieved April 10, 2024, from https://old.ecpm.org/wp-content/uploads/flyer-moratoire-GB-2020-211220.pdf

v DEATH SENTENCES AND EXECUTIONS 2022 AMNESTY INTERNATIONAL GLOBAL REPORT (n.d.). Retrieved April 10, 2024, from https://www.amnesty.ch/de/themen/todesstrafe/dok/2023/todesstrafen-bericht-2022-hoechststand-seit-5-jahren/amnesty-report-death-sentences-and-executions-2022.pdf

xii Amnesty International (2021) Democratic People’s Republic of Korea (North Korea): Public Executions: Converging Testimonies. https://www.amnesty.org/en/wp-content/uploads/2021/06/asa240011997en.pdf

xiii Hassan, T. (2023) North Korea: Events of 2023. Human Rights Watch https://www.hrw.org/world-report/2024/country-chapters/north-korea

xiv Sifton, J. (2020) North Korea’s Unlawful ‘Shoot on Sight’ Orders: Lethal Force at Border Needs to Comply with Human Rights Law. Human Rights Watch. https://www.hrw.org/news/2020/10/28/north-koreas-unlawful-shoot-sight-orders
xv Hassan, T. (2023) North Korea: Events of 2023. Human Rights Watch https://www.hrw.org/world-report/2024/country-chapters/north-korea; Citizens’ Alliance for North Korean Human Rights (2009) The Criminal Law of the Democratic People’s Republic of Korea. https://www.hrnk.org/uploads/pdfs/The%20Criminal%20Law%20of%20the%20Democratic%20Republic%20of%20Korea_2009_%20(1).pdf

xxi Kim, J. (2023) North Korea Sentences 20 Young Athletes for ‘Speaking Like South Koreans’. Radio Free Asia. https://www.rfa.org/english/news/korea/athletes-04132023094854.html
xxii Reuters (2023) North Korea Executes People for Sharing S Korean Media: Report. Al Jazeera. https://www.aljazeera.com/news/2023/3/31/north-korea-executes-people-for-sharing-s-korean-media-report; Bremer, I. (2024) North Korea Has Executed Citizens for Violating COVID Rules: Report. NK News. https://www.nknews.org/2024/01/north-korea-has-executed-citizens-for-violating-covid-rules-report/

xxiii Amnesty International (2021) Democratic People’s Republic of Korea (North Korea): Public Executions: Converging Testimonies. https://www.amnesty.org/en/wp-content/uploads/2021/06/asa240011997en.pdf


Cybermobbing in Europe

Written by: Mayeda Tayyab 

Cyberbullying is a prevalent form of bullying in today’s society. It takes place through electronic communication channels (e.g. emails, social media, texts) to harass and intimidate someone. Bullies can target a person through various electronic mediums like text messages, social media applications, and emails. However, cyberbullying itself takes many forms, and cyber-mobbing is one of them. 

According to STOMP Out Bullying (2024), cyber-mobbing is a form of cyberbullying that is conducted by more than one person. It is a group of people that gang up on one person using rumours, intimidation, while making it seem like the victim is responsible for the reception of such treatment (victim blaming). This kind of cyberbullying is hard to track as the person responsible for instigating the attack hides behind multiple online aggressors. Being attacked by a group of people also makes it extremely hard for the victim to defend themselves, breeding the feeling of isolation. 

Real-life consequences 

Although cyberbullying primarily takes place online, it has real life implications. One such case is of Lindsay, a 13-year-old French girl who fell victim to online abuse, which led to her ending her own life. Even after the death of the victim, the online abuse against her continued as bullies made social media posts rejoicing about her taking her own life. The judicial investigation into this case led to the charging of four minors for “bullying leading to suicide” and one adult for “death threats” (The Brussels Times, 2023). In addition to this investigation, Lindsay’s family filed a lawsuit against Facebook for failing to tackle hate speech and violating their obligation to moderate the content on their platform. Another suchcase is of Lucas, 13, who committed suicide in 2023 after being bullied at school for months due to being gay. Four secondary school students were charged and found guilty of bullying in June 2023 in this case. 

Recent surveys have also shown that 10% of students in French schools face bullying by their school fellows via social media (RFI, 2023). In light of these cases, the French Minister of Education, Pap Ndiaye, announced that all middle schools will provide hour-long anti-cyberbullying sessions to students to raise awareness at the start of the 2023 academic year. The ministry also announced the appointment of a special advisor to each school to deal with such cases and increased the funding for helplines for students in distress. 

Nicole ‘Coco’ Fox, a 21-year-old Irish woman, also experienced the same fate as these French teenagers whenshe took her own life due to bullying. She hanged herself after suffering from three years of online and physical abuse. Through the intense campaigning efforts of Nicole’s mother to push for national legislation punishing bullying, Ireland finally adopted Coco’s Law in 2021 (Genovese, 2023). Under this law, any person who publishes intimate images of a person without consent will face prison for up to 7 years. This law has resulted in the prosecution of hundreds of people for cyberbullying and intimate image-based online abuse (Genovese, 2023). 

Legislation

There is no EU legislation on tackling online bullying across Europe because such legislation would not be legally binding. This leaves the issue of cyberbullying up to governments. After devastating cases of suicide among young people in France, Ireland, and Italy, laws that criminalise  cyberbullying to prevent further harm have been adopted, although the damage to the existing victims of such harassment is already done. Despite this, most European countries still have no laws in place to protect children from online abuse. Governments and policymakers must take a proactive approach to cyberbullying to prevent psychological and physical harm to young people as has been demonstrated by cases such as Lindsay and Nicole Fox. 

With minimal legal protection in most countries, the onus of tackling cyberbullying on a mass scale falls on social media companies. In Lindsay’s case, a lawsuit against Facebook claimed that they were aware of the hateful posts directed at Lindsay and failed to remove them from their platform. Facebook responded to these claims stating that any content reported to be hateful is removed by them. 

What are social media applications doing?

Facebook has partnered with NGOs to form the Online Civil Courage Initiative, funding campaigns against hate speech and terrorism on Facebook (Ambasna-Jones, 2016). Facebook polices the content on their platform through their reporting system. Therefore, unfortunately, if any hateful content is not reported, it goes unnoticed by Facebook. Furthermore, there is no data to show how many reports received by Facebook are resolved and result in the removal of abusive content and accounts (Ambasna-Jones, 2016). There is a block feature on the app to remove anyone who might be harassing someone on Facebook, however, it is not enough to tackle cyber-mobbing which involves multiple people targeting a single person as they can still spread hateful content to the friends of the victim through social media as well as other online channels. 

Instagram, owned by Facebook, also has a similar reporting mechanism against abusive content, hate speech, and underage users (below the age of 13). Instagram claims to have a 24/7 report monitoring system, which is responsible for the removal of hateful accounts and reporting the perpetrators to local authorities (Ambasna-Jones, 2016). However, similar to Facebook, there is no data to show the effectiveness of their reporting mechanisms. 

X (formerly known as Twitter) is grappling with similar issues as Facebook in this regard. Although they have improved their reporting mechanisms, there is no data to show how many of these reports are successful and their overall impact on tackling abuse on X. 

Although these social media platforms have mechanisms in place to police bullying and abusive content, they are not taking a proactive approach to stop online harassment, as evidenced by Lindsay’s case where people were posting hateful content about her event after her death and Facebook failed to remove it. There needs to be a system in place that would screen social media platforms for any abusive material without the need for reporting to address cyberbullying before the materialisation of any psychological or physical harm.

Consequently, cyber-mobbing is a growing issue amongst the children in Europe. The national governments and social media companies must collaborate to tackle this issue via the criminal justice system and electronic preventative measures to remove abusive material from online spaces before they cause any harm. 

References

Special Rapporteur on Right to Development – Office of the High Commissioner for Human Rights

Presented by Merve Tiregul, Olimpia Guidi, Ruth Tesfay and Veronica Grazzi

The right to development for children refers to ensuring that children have access to the necessary conditions for their holistic growth and well-being, encompassing economic, social, political, and cultural dimensions. The planetary crisis, including the climate emergency, biodiversity collapse, and widespread pollution, poses an immediate danger to children’s rights worldwide. Nations have an obligation to address environmental harm and climate change due to the adverse effects of environmental degradation on the enjoyment of children’s rights. As the Convention on the Rights of the Child outlines, children’s rights extend to environmental protection, entitling children to a clean, healthy, and sustainable environment. i States should take measures to ensure that children are protected from foreseeable premature or unnatural death and threats to their lives and enjoy their right to life with dignity. Such measures include adopting and effectively implementing environmental standards, for example, those related to air and water quality, food safety, lead exposure and greenhouse gas emissions, and all other adequate and necessary environmental measures that protect children’s right to life. Moreover, children have the right to quality education that enables their intellectual, emotional, and social development. However, the right to education is particularly susceptible to the effects of environmental harm. ii This susceptibility can lead to school closures, interruptions in education, increased dropout rates, and damage to school facilities and recreational spaces.

One notable approach in Romania is the establishment of youth councils at the local level. These councils serve as platforms for young people to voice their opinions, propose initiatives, and engage in decision-making processes on issues affecting them and their communities. xiii Through these councils, young people have the opportunity to contribute actively to local governance and advocate for policies that address their needs and concerns. xiv Additionally, Romania has implemented educational programs to promote civic engagement and participatory citizenship among children and youth. xv

The prevalence of anti-Gypsyism, as highlighted in the ECRI’s 2019 Report on Romania, perpetuates bias and exacerbates social marginalisation, with Roma individuals enduring unjust labels and unfair associations with criminality. xix
The national Roma integration strategy addresses these challenges by prioritising education, employment, healthcare, and housing. Recognising Roma as an official ethnic minority, the strategy focuses on ensuring school attendance, especially for Roma girls, and ending school segregation. xx However, poverty rates among children remain high, with nearly 30% enduring poverty spanning three to four years. This issue is especially prominent in rural areas where one out of every two children lives in poverty. xxi Romania’s efforts to integrate Roma children into early childhood education and care and promote Roma entrepreneurship signify steps toward inclusion, yet persistent poverty highlights the need for sustained action and targeted policies.

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References

i United Nations – Committee on the Rights of the Child. (2023). General comment No. 26 (2023) on children’s rights and the environment, with a special focus on climate change. https://www.ohchr.org/en/documents/general-comments-and-recommendations/crccgc26general-comment-no-26-2023-childrens-rights

ii ibid

xiii Stănuș, C., & Pop, D. (2021). Local State-Society Relations in Romania. Close Ties in European Local Governance: Linking Local State and Society, 319-335. Available at:https://link.springer.com/chapter/10.1007/978-3-030-44794-6_22
Ibid.
xv Alfirević, N., Arslanagić-Kalajdžić, M., & Lep, Ž. (2023). The role of higher education and civic involvement in converting young adults’ social responsibility to prosocial behaviour. Scientific Reports, 13(1), 2559. Available at:https://www.nature.com/articles/s41598-02329562-4

xix Council of Europe. (2019). ECRI Report on Romania (Fifth Monitoring Cycle). https://rm.coe.int/fifth-report-on-romania/168094c9e5


xx European Commission. (n.d.). Romania – Facts and figures. https://commission.europa.eu/strategy-and-policy/policies/justice-andfundamental-rights/combatting-discrimination/roma-eu/roma-equality-inclusion-and-participation-eucountry/romania_en#:~:text=National%20strategy%20for%20Roma%20integration,-
Romania’s%20top%20priorities&text=In%20Romania%2C%20the%20Roma%20are,and%20ending%20segregation%20in%20schools.

xxi The World Bank & UNICEF. (2017). Romania: Children in public care. https://www.unicef.org/romania/sites/unicef.org.romania/files/2019-04/Romania_Children_in_Public_Care_2014.pdf

Digital Technologies in Justice Administration: Human Rights Report to the General Assembly

Presented by Daphne Rein and Maria Samantha Orozco

In recent years, there has been an increase in the use of new technologies to administer justice in the Netherlands. To give a few examples of the digital technologies used, there has been an increase in legal applications, the creation of prediction tools for lawyers, such as judicial analytics, and an increase in legal help desks that offer free legal advice. i

In the Netherlands, the regulatory framework used is the General Data Protection Regulation (GDPR) and various data protection laws and regulations, which protect the sensible data of the general public. These laws and regulations have been adopted before the use of AI in the judicial system. But in the Netherlands, concerning Artificial Intelligence, the European Commission is helping the Dutch Authority for Digital Infrastructure to set up a national AI supervision system to supervise AI applications, which can be used for AI in the administration of justice vii , for example, with legal applications. In the future, this can help regulate the risks of using artificial intelligence in the judicial system.

The analysis concludes that deploying new technology to solve governance problems can be problematic because “technological systems reflect the embedded privileges of those who design them”. xiv

These incidents highlight the alarming risks faced by children from migrant communities, particularly those of African descent, due to the biased use of AI in the justice system. Innocent young men are disproportionately criminalised, derailing their aspirations for work or higher education. xxiii Furthermore, the child support tax debacle resulted in children from already disadvantaged families being denied equal access to education, perpetuating cycles of poverty and inequality.

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References

i Jan van Ettekoven, B & Prins, C. (2018). “Chapter 18: Data analysis, artificial intelligence and the judiciary system”. Research Handbook in Data Science and Law. (Cheltenham, UK: Edward Elgar Publishing). pp.425-447. https://doi.org/10.4337/9781788111300.00026

vii European Commission. (2023). Commission supports the Netherlands in setting up a national Artificial Intelligence supervision system through the Technical Support Instrument. Directorate-General for Structural Support. https://commission.europa.eu/news/commission-supports-netherlands-setting-national-artificial-intelligence-supervision-system-through-2023-10-05_en

xiv Land, M. & Aronson, J. (2020). “Human Rights and Technology: New Challenges for Justice and Accountability” (Annual Review of Law and Social Science, Vol. 16) p. 232

xxiii Amnesty International. (2020). Netherlands: We sense trouble: Automated discrimination and mass surveillance in predictive policing in the Netherlands. https://www.amnesty.org/en/documents/eur35/2971/2020/en/