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The Rights Track

The Rights Track

Todd Landman

The Rights Track podcast gets the hard facts about the human rights challenges facing the world today and aims to get our thinking about human rights on the right track.
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Top 10 The Rights Track Episodes

Goodpods has curated a list of the 10 best The Rights Track episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to The Rights Track for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite The Rights Track episode by adding your comments to the episode page.

The Rights Track - Refugees: why hard times need hard facts
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08/21/17 • 19 min

In Episode 10 of Series 2 of The Rights Track Todd talks to Gonzalo Vargas Llosa, UNHCR’s Representative to the UK about refugees. We get some hard facts and statistics on numbers of refugees and where they’re from, discuss the role of the 1951 Refugee Convention, ask whether Angela Merkel’s open invitation to refugees was moral or misguided and whether the UK is playing its part in protecting those fleeing war, famine and persecution.

0.00- 5.30

  • Gonzalo provides some startling statistics on numbers of refugees (In 2016 65.6 million forcibly uprooted - more than 20 millions seeking safety across a border, 40 million uprooted but who stay within their country - 20 people displaced every minute of every day)
  • Majority of refugees 55% come today from just 3 countries: Syria, Afghanistan and South Sudan - Syria alone more than 5 million, South Sudan at highest rate
  • Focus in the media has been on the arrival of refugees in Europe, but important to remember that 85% are in developing countries like Turkey, Pakistan, Iran who host millions of refugees - most refugees by far stay in their region of origin

5.30-15.40

  • Gonzalo talks about the ‘secondary movement’ of refugees and explains that a significant drop in refugee funding to regions in the Middle East was a driver for refugees to leave and try to come to places like Europe. He says the emphasis needs to be on strengthening the aid to those developing countries so they can meet the minimum needs (water, food, health) of refugees in countries close to them and also provide them with new opportunities otherwise they will want to move.
  • People think the majority of refugees are simply fleeing poverty but that is not the case
  • Gonzalo explains how the rights of refugees are enshrined in the 1951 Refugee Convention and how important it is that countries which have signed up to the convention live top to their commitments because it is a legal obligation
  • Gonzalo rejects claims that the Convention should be revisited or scrapped, explaining it has helped save millions of lives. He believes the problem is not the convention itself, but the failure of certain Government to uphold their commitments
  • Todd asks Gonzalo for his thoughts on the German Chancellor Angela Merkel’s statement that all refugees were welcome and whether her statement was moral or misguided
  • Gonzalo says her statement showed great leadership and that the problem was that other leaders did not follow suit - not enough solidarity within Europe
  • Gonzalo believes there has been too much focus on stopping boats making the dangerous journey to Europe without thinking about the alternative and without providing the sort of aid that might help/encourage them to stay where they are

15.40-end

  • Some discussion about the UK position. Gonzalo describes UK as one of the most important donors of humanitarian aid in the world, giving substantial funding for example to help Syrian refugees in places like Jordan and Lebanon. It has also stepped up numbers of Syrian refugees that it will help resettle
  • Todd summarises some of the key points made by Gonzalo in the interview
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The Rights Track - Human rights in a digital world: pause for thought
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07/22/22 • 25 min

In Episode 9 of Series 7, Todd is joined again by Ben Lucas, Director of 3DI at the University of Nottingham, funders of this series. Together they reflect on some of the key themes and ideas to emerge from Series 7 of The Rights Track about human rights in a digital world.

Transcript

Todd Landman 0:01

Welcome to The Rights Track podcast, which gets the hard facts about the human rights challenges facing us today. In series seven, we've been discussing human rights in a digital world. I'm Todd Landman. And in the last episode of this fantastic series, I'm delighted to be joined for the second time by Ben Lucas, Managing Director of 3DI at the University of Nottingham, a hub for world class data science research and funders for this series of our podcast. Ben helped kick off series seven at the end of last year talking about some of the challenges and opportunities created in a data driven society and the implications for our human rights. Today, he's here to help us reflect on some of the key themes that have emerged from this series. So welcome, Ben, it's great to have you on this final episode of The Rights Track.

Ben Lucas 0:46

Great to be here. Thanks very much.

Todd Landman 0:48

So last night, we were at a launch event for INFINITY, which is an inclusive financial technology hub being launched here at the University of Nottingham, we had a bucolic setting at the Trent bridge, cricket ground, which I say was quite historic. But some of the messages I heard coming out of that event last night, really gave me hope for the promise of digital with respect, particularly to helping people who are currently excluded from financial technologies or finance more generally. And the ever, you know, sort of problem of people getting credit ratings getting access to finance, I wondered if you could just reflect on what was shared last night around the the positive story that could be told around using technology to give people access to hard to find finance?

Ben Lucas 1:29

Yeah, absolutely. So I think the central issue with financial inaccessibility is really the fact that people get trapped in this really bad cycle, and perhaps don't have savings, and then you lean more on credit options, for example. And then you become more and more dependent, if you like on credit options. Equally, there are also folks who are excluded from accessing credit completely or at an affordable rate. In the first instance, which obviously changes very much the quality of life, let's say that they're able to enjoy the things they're able to purchase, and so on. So really, the mission of projects like INFINITY, which is focusing very much on this idea of inclusive financial technology, is trying to boost accessibility to everything from tools that help people save to tools that help people spend to a breaking that some of these negative cycles that cause people to end up in not so great financial situations. And yeah, it's really leveraging and learning from, you know, all the wonderful developments in, you know, things like analytics and new financial services, products, especially those that are app based, that we use in the rest of the financial services world, but applying them for good, basically, so very much consistent with this data for good message that we've been speaking about in this series.

Todd Landman 2:51

Right that's really interesting. So it's a data driven approach to understanding the gaps and inequalities in a modern society that does have the data infrastructure and technological infrastructure to give people access. But really the data driven approach lowers the barriers to entry for those folks. And I was quite struck by that there was a colleague there from Experian, which is a credit rating agency talking about the millions of people who either don't have online bank accounts don't have access to the right kinds of technologies, and don't have the kind of credit rating that gives them access to the lower priced financial products out there, which in sort of ordinary terms means they're paying a much higher interest rate to borrow money than people that do have a credit rating. So one solution was to use data analytics and a data driven approach to understand their position to boost their credit rating in a way that would give them access to cheaper finance. Did I get that right?

Ben Lucas 3:40

Yeah, that's exactly right. I mean, the central thing in financial services and lending is obviously managing their risk exposure with any individual consumer, but then also across, you know, their entire consumer portfolio. And I think, you know, one of the big opportunities in the inclusive FinTech space slash probably what we're going to see going forward is credi...

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In Episode 8 of Series 7 of The Rights Track, Todd is in conversation with Wendy Betts, Director of eyeWitness, an International Bar Association project launched in 2015 which collects verifiable video of human rights violations for use in investigations and trials. We're asking Wendy how the use of digital technology can help to hold accountable those who commit human rights crimes.

Transcript

Todd Landman 0:01

Welcome to The Rights Track podcast, which gets the hard facts about the human rights challenges facing us today. In series seven, we're discussing human rights in a digital world. I'm Todd Landman, in this episode, I'm delighted to be joined by Wendy Betts. Wendy is director of eyeWitness an International Bar Association project launched in 2015, which collects verifiable video of human rights violations for use in investigations and trials. So today we're asking Wendy, how does the use of digital technology help to hold accountable those who commit human rights crimes? So Wendy, it's absolutely brilliant to have you on this episode of the right track. So welcome.

Wendy Betts 0:38

Thanks, Todd. It's great to be here.

Todd Landman 0:40

You and I met in Bergen in Norway, we were at the Rafto Foundation awards for the Human Rights Data Analysis Group and Human Rights Data Analysis Group have featured in previous episodes on The Rights Track. And I see there is a kind of correlation, if you will, between the work of the Human Rights Data Analysis Group and the work that you do at eyeWitness. It is just that the data you're collecting is really video files and video footage. So tell us a little bit about the work that you're doing with eyeWitness.

Wendy Betts 1:08

Absolutely. So at eyeWitness, we are helping human rights defenders in conflict zones and other places that are experiencing large scale human rights violations, to collect photo and video information in a way that makes it easier to authenticate. So that footage can be used in investigations and trials. So we work with human rights defenders in three ways. First, we're providing a mobile camera app that we designed to help ensure that the footage can be easily authenticated. And then we are helping to securely store that footage and maintain the chain of custody so it can eventually be used in investigations and trials. And third, we work to then take a working copy of that footage that we catalogue and tag to make it easier for investigators to identify footage that's potentially of interest to their investigations and incorporate that into those processes.

Todd Landman 2:01

Well, that's a great summary of the work that you do. I recall when I was a student at Georgetown University, I worked in the Lauinger Library. And my job was to produce photographs in the pre-digital age. So this was processing rolls of film in the old cans used to kind of shake them with the chemicals and then use an enlarger and make photographs. And that was fine for special collections and photographing books. But one day, a Jesuit priest came into the library and handed me a roll of film and said I need 10 copies of each of these pictures. And they were actually photographs from the crime scene where Jesuit priests had been murdered in El Salvador. And I'm curious that when we enlarge those pictures and submitted them back to the authorities that requested them, is that kind of evidence still considered verifiable evidence? And what is it that the digital elements all of this adds to the veracity and the verifiability of evidence collected on human rights crimes?

Wendy Betts 2:58

There's a long history of photo and video being used as evidence, that photo and video in its hard copy form would need to be verified to go to court. So generally speaking, the court would want to speak with the photographer, or in the absence of photographer, somebody that could help explain that that footage is indeed an accurate portrayal of that location at that time. And what digital technology has done is expand the ability of who can be the photographer to collect that potential evidence. So with the two trends of smartphones in everyone's pocket, plus the rise of social media platforms where people can share this information, you're suddenly seeing this massive proliferation of the amount of available information that could be used as evidence. But indeed, this also will need to be verified in much the same way. But the challenges to doing that are slightly different. And then the technology that we can bring to bear to do that is slightly different.

Todd Landman 3:52

Yes, I understand those differences. And so there's a lot of debate today, if we take the War in Ukraine as a good example, when it first started, ther...

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The Rights Track - Democracy assaulted: are we our own worst enemy?
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05/26/22 • 28 min

In Episode 7 of Series 7 of The Rights Track, Todd is joined by Tom Nichols, Professor Emeritus of National Security Affairs at the U.S. Naval War College and Contributing Writer at The Atlantic. Tom specialises in international security affairs including U.S. - Russia relations, nuclear strategy, and NATO issues. His recent book – Our Own Worst Enemy: The Assault from within on Modern Democracy is an account of the spread of illiberal and anti-democratic sentiment throughout our culture.

Transcript

Todd Landman 00:00

Welcome to The Rights Track podcast, which gets the hard facts about the human rights challenges facing us today. In series seven, we're discussing human rights in a digital world. I'm Todd Landman, in this episode, I'm delighted to be joined by Tom Nichols. Tom is Professor Emeritus of National Security Affairs at the US Naval War College and contributing writer at The Atlantic. He specialises in international security affairs, including US Russia relations, nuclear strategy, and NATO issues. He recently authored a book - Our Own Worst Enemy; The Assault From Within on Modern Democracy. It's an engaging account of the spread of illiberal and anti-democratic sentiment throughout our culture. So today, we're asking him who's responsible for this, and what we should do about it. So Tom, it's fantastic to have you on this episode of The Rights Track. So welcome.

Tom Nichols 00:51

Thank you. Thanks for having me.

Todd Landman 00:53

So I have a rather unusual question to enter into this conversation with you and it involves Indian food, because in your book, you talk about the idea that you're not a big fan of Indian food. But tell me a little bit of the story. What happened when you just expressed this view that you know what, I don't like Indian food?

Tom Nichols 01:10

Well, I didn't just express that I didn't like Indian food, I added this kind of snarky comment, because it was on Twitter, of course, and someone had said, post your worst food takes here. And of course, people said things like, well, I hate mayonnaise, and doughnuts are bad, and so on. But I said, Indian food is terrible, and we pretend that it isn't. And, of course, I meant my colleagues who would always drag me to Indian restaurants, and then spend the afternoon sweating and gulping water and you know, sweat running in their eyes. And I would always turn to them and say, so you can't possibly be enjoying this. Because I don't happen to like very spicy food. And this Firestorm broke out. I mean, within two days, you know, I was this, you know, genocidal racist maniac. You know, I was in all the Indian papers. I was in The Washington Post - Russian television mentioned me. I mean, it was insane. All because I'm a middle aged New Englander, who just doesn't happen to like Indian food and is very snarky about it. The coda to this whole story is that finally the former US attorney in New York, Preet Bharara, when the pandemic finally lifted, he took me out and said I challenge you to come to dinner with me. And he took me to an Indian restaurant. And I said, I would sit there and I would just eat Indian food, while people were making donations that we're gonna be used for a COVID ward in India. And this challenge ended up raising about $135,000 for COVID relief in India.

Todd Landman 02:42

That is fantastic. Now, I'm going to pick this apart a little bit, because what's interesting is what looked like an incidental and as you admit a bit of a snarky comment about your food preferences, what you really communicated there is the rapidity and the spread of information, geographically, how it gets picked up, it's a bit unusual how one tweet can be picked up and really run and other tweets just sort of die on the vine, as it were. So this captures this idea that you have in the book around the viral nature of information, regardless of its veracity, how it can spread around the world, and how the originator of that information might be vilified by an anonymous group of people out there. And then how stories get picked up. So is that your sort of summary of what happened there that it was just this kind of, you know, ridiculously rapid thing about it actually, just a personal preference?

Tom Nichols 03:33

Yeah, absolutely. And there's two things to note about it. One is that the nature of hyper connectivity, where, you know, I mean, when I started my career, 35 years ago, in the late 1980s, a viewer mentioned in a newspaper, you know, people clipped that and sent it to you in an envelope and the thing that we used to call the US mail with a stamp on it, and they'd say, wow, you know, I saw that you were mentioned in a newspaper. Now, you can be mentioned in every newspaper in the world in 24 hours, you know, on the one ha...

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In Episode 1 of Series 7 of The Rights Track, Todd is in conversation with Ben Lucas, Managing Director of the University of Nottingham's Data-Driven Discovery Initiative (3DI).

Together they discuss the threat to human rights posed by aspects of a digital world and the opportunities it can create for positive change.

Transcript

Todd Landman 0:00

Welcome to The Rights Track podcast which gets the hard facts about the human rights challenges facing us today. In series seven, we're discussing human rights in a digital world. I'm Todd Landman, in our first episode of the series, I'm delighted to be joined by Ben Lucas. Ben is Managing Director of 3DI at the University of Nottingham. A hub for world class data science research, and a funder for this series of The Rights Track. To kick off the series, we're talking about some of the challenges and opportunities created in a data driven society, and particularly what all that means for our human rights. So welcome on this episode of The Rights Track.

Ben Lucas 0:37

Thank you so much for having me.

Todd Landman 0:38

It's great to have you here, Ben. And I guess I want to start with just to kind of broad open question. We've been living with the internet for a number of years now. When I first came to United Kingdom, we barely had the internet and suddenly the web exploded, and it is a wonderful thing. It's transformed our lives in so many different ways. But it's also created major challenges for human rights, law and practice around the world. So my first question really is, what are the key concerns?

Ben Lucas 1:04

I think that the internet is perhaps not bad in and of itself, and in that regard, it's very similar to any other new and emerging technology. We look at something like the automobile there's obviously dangers that having cars on roads introduced into society, but there's also a lot of good as far as a boost in quality of life and economic productivity and so forth. I think the central challenge and one that's perhaps getting exponentially more challenging is the fact that often more now than ever, digital technologies are moving a lot faster than what the regulatory environment can keep up with. And also very importantly, humankind's ability to fully understand the potential consequences of misuse or what happens when things go wrong.

Todd Landman 1:50

So in some ways, it is interesting, you could look at Moore's Law for example, technology increases exponentially and this point you're making about the inability for the regulatory environment to keep up with that. I think that's a crucial insight you've given us because human rights in a way is a regulatory environment. We have international standards; we have domestic standards.

Ben Lucas 2:08

Correct.

Todd Landman 2:09

We have de jure protection of rights, de facto enjoyment of rights, but oftentimes, there's a great tension or gap between those two things. And when new issues emerge, we either need a new standard, or we need a new interpretation of those standards to be able to apply to that new thing. So, we're going to call the Internet a new thing for now and it actually, this dual use of technology is also interesting to me. When barbed wire was invented it's a great thing because you can suddenly close off bits of land and keep animals in one place. And it's wonderful for agriculture, but it's also a way to control property. And as we know, the enclosure laws in this country led to quite a lot of political conflict. But if we get back to the questions then about, you know, positive and negative aspects of the Internet, what else can you share with us?

Ben Lucas 2:50

There are examples such as work that colleagues in the Rights Lab are doing, for example, on the use of the Internet and in particular social media, for exploitation. So, child exploitation, for example. There's also terrible examples of migrant exploitation. People who join groups thinking it's going to be a community to help them to get a job in another place. And that turns out to be quite dodgy, so that there's examples that are just blatantly you know, bad and terrible and terrible things that happen on the internet. But then there are other examples that are, I think, much more complicated, especially around the transmission of information and new emergent keywords we're seeing around misinformation and disinformation. The power that user generated content can have to help mobilise activists and protests for good for example, to get information out when journalists can't get in. Then the flip side of that is the potential exploitation by nef...

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In Episode 6 of Series 6, Todd is joined by Professor Aoife Nolan, to discuss the impact of the Covid-19 pandemic on the human rights of children. Aoife is Professor of International Human Rights Law and Co-Director of the Human Rights Law Centre in the School of Law at the University of Nottingham. She is also Vice-President of the Council of Europe European Committee of Social Rights and has worked with a range of civil rights organisations.

0.00-04.10

Todd begins by asking Aoife to outline the impact of the pandemic on the human rights of children. She points to the wide-ranging global impact of the pandemic and associated lockdowns, in terms of the health and survival of children and identifies a range of issues including, education, food access, mental health, increased levels of child abuse, the impact of poor housing, loss of social contact and increased risk of online harm. All of these directly affect children’s rights.

Aoife explains that the pandemic has had a hugely unequal impact on children from different backgrounds and living in different situations. She adds that this has entrenched existing inequalities. Unaddressed, she concludes, this will have an impact on the future life-course of some children.

04.10-08.18

Todd moves on to focus on the actions of governments during the pandemic and the extent to which they were compatible with the rights of children.

Aoife points to the 1989 UN Convention on the Rights of the Child, which recognises that restrictions on human rights may be necessary in times of crisis but also the limitations on the exercising of those powers.

Todd wonders whether in the light of criticism from anti-lockdown groups, governments have responded to the crisis in an appropriate way. Aoife makes the following points:

  • There have been a wide range of measures in different states
  • In the UK there have been positive measures, but also shortcomings in terms of food and support for families
  • Some governments have used the crisis to push long-standing agendas not consistent with child rights, for example in relaxing obligations to children in care

08.18-11.36

Aoife gives an example of how the pandemic has been used to weaken various statutes related to the protection of children in social care. She explains how changes have been made in relation to the duty of Local Authorities towards education health and social care. She notes that these changes have been reversed as a result of pressure on the government. She says there are concerns that Covid-19 was being used as a cover for mass de-regulation of social care.

She mentions that the UK’s Department of Education was found to have acted unlawfully in scrapping a range of rights for children in care. A child rights impact assessment carried out by the department, which signed off the measure showed a lack of understanding of child rights. She points out that this move was later reversed.

11.36-13.45

Todd moves the discussion to the USA, which has not ratified the UN convention on human rights. He points to differences in approach between the Trump administration and the Biden administration and asks Aoife to comment on the progress towards getting children back into school.

Aoife points out that approaches to education are very much state driven, and although not an expert on matters relating to US education points out that:

  • Schools cannot re-open without adequate planning, safety provision, and funding
  • Even though the USA is not a party to the UN Convention, individual state constitutions include provisions for the protection of children’s rights

13.45-16.55

Aiofe reviews the situation in South Africa around school closures and re-opening, and says the net effect has been to amplify inequalities within the country:

  1. The effect of closures was to move education online but large numbers of children did not have access to the internet
  2. There were issues around re-opening in terms of infrastructure shortcomings and lack of support for school re-opening

As a result, re-opening took place against in non-Covid safe schools with implications for health, provision of school meals, and education.

They move on to discuss the terrible situation with Covid-19 cases and deaths in India and what Aoife thinks about the impact on children’s rights. She suggests that, beyond concerns related to Covid infections, the health crisis and associated lockdowns have interfered with the normal processes of vaccinations and health interventions, as...

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The Rights Track - Do human rights provide a pathway out of the pandemic?
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04/07/21 • 28 min

In Episode 4 of Series 6, Todd is in conversation with Alison Brysk, Professor of Global Governance at the University of California. Alison’s recent work has focused on the global impact of Covid-19 on human rights. In this episode, she reflects on the disproportionate impacts of the virus and explains why she believes that human rights are an integral part of the pathway out of the pandemic.

00.00-03.58

Todd begins by asking Alison to reflect on the idea of Covid-19 as a threat to democracy and human rights.

Alison starts by talking about a citizenship gap, that is, people “out of place” physically, socially or in terms of status, for example:

  • Refugees
  • Migrants
  • Internally displaced people

She argues that Covid-19 has intensified that threat, particularly for vulnerable groups who have become subject to increased levels of mobility tracking and surveillance. She refers to examples from Brazil, India and the treatment of Native Americans in the USA.

03.58-07.16

Todd moves on to discuss concerns around the way governments may be using the Covid-19 pandemic as an excuse to restrict migration, human rights and curb civil liberties. Alison says the first step is to focus on the interdependence of human rights. She points out that vulnerable people are being made scapegoats during the pandemic deflecting attention away from the real issues. She points to a selective approach to some civil rights over others, referencing threats to property and economic activity as receiving the most push back in California, for example.

07.16-11.00

The discussion turns to the debate surrounding privacy rights - the ongoing debate in the UK around the requirement of vaccination passports, for travel, for example and how that might affect identity rights. Given that this will create individual digital footprints the question is how concerned should we be Todd asks?

In Alison’s view, that depends on the functioning of the health care system. In well-established systems for example, such as in Europe and the global North, it could be a problem but there are well established mechanisms for monitoring privacy.

In most of the world, the situation is different. Access to this kind of health care does not exist. Health disparities and, therefore, a lack of, for example a Covid vaccination passport could create problems for:

  • Those seeking employment
  • Economic migrants
  • Refugees seeking asylum

Some countries stand out as Covid-19 champions, for example New Zealand and Taiwan where there have been increases in state power, but where there are mechanisms for control.

11.00-15.12

Todd asks about the notion of patriarchy and how it intersects with the pandemic. Alison identifies three areas:

1. Production

-Two/thirds of front-line workers are women and they have been disproportionately exposed to Covid-19.

Female domestic workers comprise a large percentage of migrant labour and have been left vulnerable to the virus.

2. Public space. Governments have used concerns over social distancing and the spread of the virus to restrict peaceful assembly.

3. Reproduction. Many governments have taken advantage of the pandemic to limit access to reproductive health, for example contraception and abortion. USA and Poland are cited.

15.12-20.12

Todd points to a marked increase in reports of domestic abuse against women, during the pandemic. Alison refers to work carried out by UN Women, and the data that they have collected, and WomensStats, a project she works on. She finds:

  • An increase of around 30% in reports of domestic violence globally
  • The more severe the lockdown the higher the level of abuse
  • The impacts relate not only to being physically locked in with the abuser but also in being unable to access support

Examples are given from France and Spain where new ways have been developed for women to communicate and seek support where they are unable to make use of established support mechanisms.

20.12-end

The interview closes with Alison reflecting on the impact of the pandemic on her home state, California.

  • Case rates are stabilising, with most areas going down through the tiers
  • 25% of adults have had access to at least one dose of the vaccine.
  • Some issues relating to the vaccination programme have been addressed
    • Bottle-necks in the supply chain of the vaccine
    • Issues re...
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In Episode 3 of Series 6, Todd is joined by David Fathi, Director of the American Civil Liberties Union National Prison Project to discuss the impact of Covid19 on prisons and prisoners in the USA.

00.00 – 04.40

David provides an overview of the prison system in the USA. The country has:

  • the largest prison population in the world at over 2 million people
  • the highest per capita rate of prisoners at between 5 and 10 times the rate for countries like Canada, England, and Wales and even authoritarian countries like China

Incarceration in the United States is highly decentralized across 51 different prison systems. Every state has its own prison system separate from and running alongside the federal prison system, and within that the private, for profit prisons account for around 10 percent of the national prison population.

There are concerns relating to private run prisons, which have led to the Biden administration removing private companies from operating federal prisons. Concerns raised include:

  • lack of oversight
  • poor quality rehabilitation services and programming
  • low levels of safety and security

04.40 – 06.07

The conversation moves on to discuss rehabilitation. David notes that rehabilitation has a very low profile in the U.S. prison system. The extensive use of solitary confinement works contrary to rehabilitation.

06.07 – 09.33

David says the drivers of the prison population date back to the days of slavery, structural racism and the Jim Crow laws. He points to the post-Civil War period in the US when there was a deliberate policy of incarcerating black people. He adds that its legacy exists today in the fact that a black male is 6 times more likely to be incarcerated than a white man.

The penal system and culture is described by David as punitive rather that restorative:

  • average sentences are longer than in comparable democracies.
  • early termination of sentences is less likely.
  • many more prisoners serve life sentences (1 in 11 of all prisoners)
  • few efforts to rehabilitate and release

09.33 – 12.00

The US is also amongst the worst countries in terms of its use of solitary confinement. There are significant numbers of prisoners on death row who are kept in permanent solitary confinement often for over 10 years. It is estimated that over 100,000 prisoners are held in solitary confinement on a daily basis, a number which has increased during the COVID pandemic.

12.02 – 18.30

Todd moves on to ask about the early release from prison of Michael Cohen, President Trump’s personal lawyer as an example of prominent individuals gaining release citing medical vulnerability to Covid19. David agrees that affluent/prominent people are treated differently by the system, but also contends not enough prisoners have been released as a result of Covid19. This does not make sense, he says because prisons are hotspots of Covid19 infection due to:

  • large numbers of inmates
  • high population density
  • poor ventilation
  • poor sanitation
  • an ageing and therefore more vulnerable group to Covid19 population

Although data show one in five inmates have tested positive, and anecdotally ethnic minorities have been disproportionately impacted, there are no data on whether/how BAME prisoners have been adversely affected because that data are not recorded. David says it’s hard to see this data omission as anything other than intentional.

18.30 – 21.30

The situation is similar in other detention centres, immigration centres, jails etc, but the problems of control are enhanced by the rapid turnover of people through those facilities. Todd asks how successful ACLU has been in its efforts to get prisoners released because of Covid. David says they have had:

  • significant success in getting people released from detention centres due to medical vulnerability to Covid19
  • very little success at getting vulnerable inmates released from prisons
  • some success in terms of mitigation of infection risk in prisons

30.00-end

Todd asks about the prospects for a reduction in the size of the prison population. David says the problem is the decentra...

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In Episode 2 of Series 6 Attorney Dominique Day, founder and Executive Director of the Daylight Collective which seeks to fill the space between the status quo and substantive justice with creativity, diverse voices, and multi-sector approaches and understandings talks to Todd about how COVID is negatively and unequally impacting the lives and human rights of Black Americans of African descent.

00.00 – 02.20

Todd begins by asking Dominique to comment on the dis-proportionate impact of the Covid19 pandemic on people of African descent. She points to significant racial disparities in terms of:

  • Who becomes infected
  • Who has access to health care
  • Differences in outcomes in terms of severe illness and death

This is seen as an outcome of policies, which exemplify systemic racism at a global and local level.

02.20 – 05.30

Todd asks Dominique which factors she sees as playing a key role in the impact of the Covid19 pandemic.

  • Whilst racism is not intentional she sees it as being ingrained into the presumptions and actions of individual decision makers
  • In emergency departments this translates to medical bias when doctors are working under stress
  • As evidence she points to research which suggests that medical bias disadvantages people of African descent (and which she discusses in a related webinar)
  • Although the data is widely known her concern is that the issue of systemic racism is embedded in decision making even at the level of the individual clinician

05.30 – 12.40

Todd summarises and points out that the reality is that people of African descent in the USA have a markedly higher mortality rate, which is linked to a long history of systemic racism.

  • Dominque points to “social conditioning” in deciding which lives matter. By way of example she points to the decision to withhold the distribution of the Pfizer vaccine on the African continent and argues that it suggests that this is a decision made along the lines of race
  • In terms of the impact of the pandemic, there are parallels within the fields of education, the economy and health where individuals make decisions on the basis of a bias which reflects systemic racism within society
  • She references an email circulated within NYU hospital in New York where the onus to make rapid life and death decisions was placed on doctors working in the emergency department, without supervision and review. Given the intense stress doctors were under, those decisions were more likely to be influenced by bias (unwitting or not)
  • Health care providers showed no willingness to discuss the research data,
    • predicting the disproportionate impact on black and brown communities
    • identifying systemic racial bias
    • individual doctors were prevented from commenting publicly
  • Warnings of racial bias were ignored and continue to be ignored

12.40 – 20.50

Todd moves on to examine differences of outcomes for black and white communities in relation to encounters with the police and references the killing of Michael Brown in Ferguson a suburb of St Louis in the US in 2014.

  • The Ferguson killing follows a common pattern of outcomes for the black community
  • A parallel is suggested with respect to the security preparations made for the Black Lives Matter protests in 2020 in Washington
  • Comparisons have been made between this protest and the insurrection staged by pro- Trump militants. Todd argues that any move to suggest the two events were similar creates a false equivalence

Dominique points out that:

  • In terms of policing there was a higher level of perceived threat and a heavier response during the Black Lives Matter protests than for the recent march on the Capitol in Washington
  • Dominique argues that the former was a racialised response conditioned by acceptance of white supremacy and a long history (in the USA) rooted in slavery and exploitation.
  • She references the origins of racial policing in the USA as being to protect property from the actions of slaves.
  • She identifies a “legacy mindset”, a baseline of white supremacy, where white people expect to be treated differently (better) than black people, a mindset which is a major barrier to progressing racial justice and equality.

20.50 – 23.45

The conversation returns to the pandemic ...

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The Rights Track - Are we better at human rights than we used to be?
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12/10/15 • 22 min

In this Episode of the Rights Track and on International Human Rights Day, Todd asks Professor Chris Fariss of Pennsylvania State University about the methods he uses to look at the human rights performance of countries around the world and whether over time we have become better at practising and upholding people’s human rights.

0.00-5.00 mins they discuss whether:

  • the way we measure the human rights performance of different countries has improved in recent years
  • there is more information available on people’s lived experiences of human rights abuses
  • our increased awareness of human rights problems has led to increased condemnation of countries
  • our expectations of how a country will behave are higher than they used to be

05:00-13:02 mins is a discussion of Chris’ research, specifically Respect for human rights has improved over time: modelling the changing standard of accountability. This part of the episode includes:

  • an explanation of ‘changing standard of accountability’
  • the data Chris used and the model he created to account for how the quality of his source information might change
  • mention of the Political Terror Scale
  • The Cingranelli and Richards Human Rights Data Project
  • an explanation of Item Response Theory
  • an explanation of how the model Chris developed works to measure the human rights performance of countries more scientifically

13:03-22.20 mins Todd and Chris discuss:

  • the availability of the data
  • getting students/coders to work with the data
  • dealing with possible bias in data
  • how Chris is taking his research further by updating the data, using new sources of information and applying it to different types of human rights abuse including Civil rights abuses
  • our perspectives of human rights abuses over time compared with what the evidence tells us - do events like the Paris attacks and Syria influence our perspective and make us think that human rights are less protected than before
  • the importance of putting events like these into context systematically
  • what Chris’ research tells us about what’s really happening with human rights over time
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FAQ

How many episodes does The Rights Track have?

The Rights Track currently has 68 episodes available.

What topics does The Rights Track cover?

The podcast is about Justice, Podcasts, Education, Social Sciences, Science and Minority.

What is the most popular episode on The Rights Track?

The episode title 'Human rights in a digital world: pause for thought' is the most popular.

What is the average episode length on The Rights Track?

The average episode length on The Rights Track is 27 minutes.

How often are episodes of The Rights Track released?

Episodes of The Rights Track are typically released every 29 days, 22 hours.

When was the first episode of The Rights Track?

The first episode of The Rights Track was released on Dec 10, 2015.

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