Cycle of Oppression
Transcript of Cycle of Oppression
Running Head: CYCLE OF OPPRESSION 1
Cycle of Oppression:
Human Rights Violations of African American Foster Children
IME 620: Human Rights Pedagogy and Praxis
Henriette Potts
University of San Francisco
CYCLE OF OPPRESSION 2
Cycle of Oppression:
Human Rights Violations of African American Foster Children
In high school, I had several close African American friends
that grew up in the child welfare system. Their stories were all
very similar, their parents had been arrested for drug use, and
then they were passed on to relatives, and ultimately ended up in
foster care. One friend, Richard, had heartbreaking stories of
foster parents that had treated him like a servant and others
where he was lucky if he was fed. At the age of nine, he ran away
from one foster home and spent several months sleeping in
people’s garages until he was reported and placed back into
foster care. When I met this young man at the age of fifteen, he
had finally been placed with a loving foster family and was
starting to improve in school.
Unfortunately, finding a home at fifteen also meant that
most of Richard’s life had been filled with trauma, illegal
activity, and homelessness. While he felt his foster family was
the family he had been looking for in so many ways, he felt
somewhat out of place being the “black” kid in a predominantly
“white” household. Richard also struggled with his past. He still
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carried with him the fear that his current foster situation was
too good to be true and that one-day he would come home and be
told it was time to leave. As a result of his tumultuous past,
Richard had difficulty building trust with his foster family,
teachers, even his close friends were always kept at arm’s
length; mostly out of fear that they would betray him like so
many others in his past had.
Richard was fortunate to have many people in his life that
kept showing up and helped him start the process of trusting
again and helped him excel in school and learn important life
skills. With the help of a supportive community, and his own hard
work, Richard did successfully graduate from high school and
unlike most foster children; he was not kicked out of his foster
parents’ home upon graduation. It is because of their love and
support that he was able to change his life trajectory and not
end up in prison. To this day, he credits this fact to them.
It is because of my friendship with Richard and other African
American foster children that I became passionate about changing
how African American foster children’s human rights and
children’s rights are violated. Being a woman of color and having
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seen firsthand how these human rights violations affect our
community, I feel that is my duty to bring attention to the
obstacles African American foster children face. Through this
research I aim to show the correlation between subpar treatment
of foster children, who are predominantly people of color, in the
context of racial disparities. Specifically, this research will
illustrate the child welfare system and the direct connection to
the criminal justice system. The goal of this research is to shed
light on the human rights violations of the criminal justice
system, which incarcerates African Americans at disproportionate
rates, resulting in parentless children whose human rights and
children’s rights are violated.
The Universal Declaration of Human Rights [UDHR] outlines
the human rights all people are entitled to from birth.
Unfortunately, the reason this document exists is because human
rights are often violated around the world. Many people believe
that human rights violations do not occur in the United States;
however, the sad reality is that they do. African American foster
children are among the many people that continue to have their
UDHR articles violated. In order to understand how their human
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rights are breached, we must first examine why “27% of foster
children are African American,” although they only represent
about 13% of the total U.S. child population (Children’s Rights,
2013, Foster Care). In order to fully understand the present
statistics we must examine why the parents of these children are
absent in their lives. To understand what is happening, we must
examine the history of African American oppression and the
racially fueled War on Drugs.
To recognize the current oppression of the African American
community as a whole, it is necessary to address the lasting
effects of slavery. While many continue to deny the impact that
slavery has had on the ancestors of slaves, it is clear that
White privilege continues to benefit the ancestors of slave
owners in our society. African Americans were denied their own
humanity by being seen as less than human and identified as the
property of another man. They were denied their human rights to
freedom, education, jobs, political power, and financial
independence.
In Wacquant’s words: ‘Racial division was aconsequence, not a precondition of slavery, but once itwas instituted it became detached from its initial
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function and acquired a social potency all its own’After the death of slavery, the idea of race lived on.(Alexander, 2012, p. 26)
Racism did not simply stop with the abolition of slavery; in fact
it simply found other ways of oppressing African Americans.
Racism continued on in various forms, from the overt Jim Crow
laws that enforced racial segregation, to the more hidden biases
of denying African Americans loans for homes and other
opportunities of financial independence. The Civil Rights
Movement followed, bringing victories like the desegregation of
schools. Unfortunately, the Civil Rights Movement still did not
“eliminate the vestiges of Jim Crow segregation, including our
still separate and unequal system of education” (Alexander, 2012,
p. 3). Instead, the racially fueled oppressive remnants of
slavery and the Jim Crow laws, gave way to yet another way to
violate the human rights of African Americans, mass
incarceration.
Mass incarceration is the systematic growth of the prison
population in the U.S.; resulting in a 700% increase in prison
populations between 1970 and 2005 (ACLU, 2011, Combating Mass
Incarceration). “Mass incarceration operates as a tightly
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networked system of laws, policies, customs, and institutions
that operate collectively to ensure the subordinate status of a
group defined largely by race” (Alexander, 2012, p. 13). An
unprecedented number of African Americans were arrested during
this mass incarceration, which is why the term is often used to
refer specifically to the disproportionate number of African
Americans affected. According to the 2013 Federal Bureau of
Prisons (BOP QuickFacts), African Americans now represent 37% of
the prison population, while representing 13% of the total
population in the United States, as reported in the 2012 Census
(as cited in US Census Bureau, 2013). Scholars and historians,
such as Michelle Alexander, have shown how mass incarceration is
fueled by a racist political agenda under the guise of the War on
Drugs. As Alexander points out, this mass incarceration, or New
Jim Crow, has created a caste of second class citizens with
limited rights much akin to how the Jim Crow infringed upon the
rights of African Americans before the Civil Rights Movement. The
documentary, The House I Live In, expands on Alexander’s theory of the
New Jim Crow by showing how the War on Drugs has not only been
fueled by racism, but also by classism. The intersectionality of
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both race and class is important to recognize because African
Americans have historically had the highest rates of poverty in
the U.S. In fact, “Black Americans are nearly three times as
likely as white Americans to live in poverty, according to the
2012 March Current Population Survey” (as cited in Pew Research
Center, 2013, Poverty, para 1). This fact is a key component of
the human rights violations that African Americans face. The
combination of racial and classist discrimination has caused
African Americans to be quite literally oppressed on every front.
The impact of this mass incarceration can be seen throughout
the African American community, but is especially evident in the
destruction of families and its impact on children. “In 2007
there were 1.7 million children in America with a parent in
prison, more than 70% of whom were children of color” (Schirmer,
Nellis & Mauer, 2009, p. 2). These facts make it clear that mass
incarceration was a large contributor to the fact”that a black
child born today is less likely to be raised by both parents than
a black child born during slavery” (Alexander, 2010, p. 180).
While mass incarceration was initially focused on African
American males, “the [total] number of incarcerated mothers has
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more than doubled (122%) from 29,500 in 1991 to 65,600 in 2007”
(Schirmer, Nellis & Mauer, 2009, p. 2). This rise of the
incarceration of mothers has unarguably had a greater impact on
African American children, many of whom already have an
incarcerated father, leaving large numbers of children with both
parents in the penal system. This impact is illustrated
profoundly by the facts, currently one in 15 African American
children have a parent in prison, compared to one in 111 white
children (Schirmer, Nellis & Mauer, 2009, p. 2). This has also
contributed to African American children comprising 27% of all
foster children, while representing 13% of all children in the
U.S. population (Children’s Rights, 2013, Foster Care). This
contextualization is necessary in order to more accurately
examine the human rights violations that African American foster
children face.
Human Rights
While the focus of this paper are the human rights
violations of African American foster children, the human rights
violations all African Americans face as a result of the War on
Drugs cannot go unmentioned. That being said, the UDHR articles
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that are directly infringed upon by the War on Drugs are: freedom
from discrimination (Article 2), the right to equality before the
law (Article 7), freedom from torture and degrading treatment
(Article 5), right to freedom of movement (Article 13), right to
participate in government and in free elections (Article 21),
right to social security (Article 22), and the right to adequate
living standard (Article 25) (United Nations, 1948). The War on
Drugs also violates the International Covenant on Civil and
Political Rights, especially Articles 9 - 17; the International
Covenant on Economic, Social, Cultural Rights, especially
articles 6-7, 11, and 13; and the International Convention on the
Elimination of All Forms of Racial Discrimination, in its
entirety.
The first UDHR article that is not honored specifically for
African American foster children is Article 2, freedom from
discrimination. “As a percentage, there are more children of
color in the foster care system than in the general U.S.
population. However, child abuse and neglect occur at about the
same rate in all racial/ethnic groups” (Foster Kids Alumni, n.d.,
Race and Ethnicity). African American foster children are
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discriminated against within the child welfare system, while
often having been placed there because of the discrimination
their parents faced. While data is limited on the impact that
socio-economic status has on children’s placement in the child
welfare system, it has been speculated that African American’s
higher rates of poverty have been a factor in the high numbers of
African American children entering into the system. Many believe
that social workers are more likely to deem families of low
socioeconomic status as unfit parents, and some studies have
shown that there are higher rates of child abuse in low
socioeconomic families.
Once they have entered the child welfare system, these
children continue to face discrimination not only within the
system, but they are also discriminated against in school.
African American foster children face an increased susceptibility
to entering the School-to-Prison-Pipeline, “a disturbing national
trend wherein children are funneled out of public schools and
into the juvenile and criminal justice systems” (ACLU, 2011,
Combating Mass Incarceration). Much like the national penal
system, the School-to-Prison-Pipeline also unfairly targets
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people of color, children with learning disabilities, and
children from low socio-economic backgrounds; all categories
African American foster children often fall into. The reality is
that the School-to-Prison-Pipeline is often the vehicle which
completes the cycle of oppression that started with the
incarceration of the parents of African American foster children.
Schools should be places of education and empowerment, not places
that further aid the oppressive systems of our society.
Another UDHR article that is not upheld for African American
foster children is Article 25, “everyone has the right to a
standard of living adequate for the health and well-being of
himself...including food, clothing, housing and medical care and
necessary social services” (UDHR, 1948). While data on food and
clothing are limited, the national advocacy group Children’s
Rights has reported that African American foster children “are
more likely to have longer placements in out-of-home care, are
less likely to receive comprehensive services, and are less
likely to reunify with their families than white children” (2013,
Foster Care). This human rights breach contributes to the chances
that these children have to attain an adequate standard of living
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later in life; in essence they are being setup for failure.
Research also shows that children in foster care often suffer
from inadequate health care, the length of time they are in the
system without being placed in a permanent home, and the lack of
support and care for emotional trauma (Marrow, 2013, p. 1). These
all have detrimental impacts on the emotional and educational
development of children. When the additional burden of often
being emancipated without the life skills to survive are factored
in, it becomes clear why African American foster children are
extremely susceptible to drug use, homelessness, dropping out of
high school, and entering the criminal justice system—often
through the School-to-Prison-Pipeline. Many of these paths lead
African American youth to the same prisons that incarcerated
their parents, creating a cycle of oppression.
African American foster children’s right to UDHR Article 26,
“the right to education,” is also not upheld and will be the main
focus of this paper. This human right is directly related to
Article 25, because if children do not have their right to
medical care, food, and clothing honored; it becomes even more
difficult for them to obtain an education. Foster children often
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face additional obstacles to education due in part to their
increased school mobility, often changing foster homes and
schools abruptly; an increased likelihood of having “specialized
education needs that go unrecognized and unmet;” and decreased
access to necessary school supplies that contribute to academic
success (Alliance for Children’s Rights, 2013b, para 1). As
outlined by the Alliance for Children’s Rights,
Children in foster care consistently experience some ofthe lowest educational outcomes of all youth. This isevident in the fact that less than 50 percent of fosterchildren graduate from high school and a mere 4 percentgraduate from college. The reasons for this are clear:research demonstrates that every time a child changesschools, they lose up to 6 months of their educationand many foster children may change schools 10-15 timesthroughout their education. ( 2013a, para 1)
African American foster children’s right to education is also
affected by their exclusion from curriculum. As Baumgartner and
Johnson-Bailey discuss, “emotion-related injury can occur to
those outside Lorde’s (1995) mythical norm of White, male,
heterosexual, Christian, and financially secure” (2008, pp. 46-
47). These children largely come from emotionally traumatic
situations in which they often already feel out of place and
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separated from their “community.” Then African American foster
children go to school, only to face further exclusion in the
curriculum itself feeling further disconnected from their
community.
In addition to the UDHR violations, African American foster
children also face breaches of their children’s rights, as
outlined in the United Nations Convention on the Rights of the
Child (UNCRC). The UNCRC is a human rights treaty, which
specifically outlines the rights of a child, “every human being
below the age of eighteen years” (United Nations General
Assembly, 1989). The UNCRC civil, political, economic, social,
health and cultural rights the key violations of African American
foster children’s rights pertain to those already outlined above
in the UDHR; with the key rights that are not honored being
educational, health, and culturally related.
Education and Action
In order to stop the human rights violations against African
American foster children, reform must happen at the micro, mezzo,
and macro level. For the sake of this discussion, we’ll speak to
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the micro level as pertaining to the individual, the mezzo level
referring to the community and/or state, and the macro level
describing the nation. I will discuss some of the issues specific
to each level and what is being done to address them. The human
rights violations that African American foster children are
subjected to are deeply connected to the macro or national
history of the racial oppression of African Americans. To start
at the macro level, racial discrimination is still present in our
country and demands reform. The question is how?
Work around ending racial oppression has not ceased since
the time of slavery, making it clear there is still much work to
do. For brevity, I will not go into a detailed history of the
many great Civil Rights leaders that fought tirelessly for racial
equality, but instead I will touch on a few national
organizations working to end racism at the macro level. In 1909,
the National Association for the Advancement of Colored People
[NAACP] commenced, “what has become its legacy of fighting legal
battles to win social justice for African-Americans and indeed,
for all Americans” (NAACP, 2013, History, para 1). Other
organizations like the Young Women’s Christian Association (YWCA)
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have also started movements like Stand Against Racism to raise
awareness and ultimately eliminate racism. There are many other
organizations that are contributing to the education and
elimination of racial discrimination at a national level;
however, as Michelle Alexander points out, “There is a
fundamental disconnect today between the world of civil rights
advocacy and the reality facing those trapped in the new racial
undercaste” (2012, p. 247). To that point, I reiterate that we
cannot address some of the problems and expect to solve all of
them. It is important to acknowledge that there are many
organizations that are working towards racial equality, but it is
also time that we stop compartmentalizing problems that are
clearly interconnected. We cannot speak to how far African
Americans have come, when “the child poverty rate is actually
higher today than it was in 1968 [and] Unemployment rates in
black communities rival those in Third World countries”
(Alexander, 2012, p. 246). While racism is a clear contributor to
the human rights infringements of African American foster
children, I believe that we cannot advocate for racial equality
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without addressing its impact on all citizens and in all areas of
our society.
Another key contributor to the human rights violations of
African American foster children is the War on Drugs and mass
incarceration; both of which are also macro level issues that
require macro level action. A key organization involved in racial
justice advocacy is the American Civil Liberties Union (ACLU),
“working daily in courts, legislatures and communities to defend
and preserve the individual rights and liberties that the
Constitution and laws of the United States guarantee everyone in
this country” (ACLU, 2013). ACLU’s Racial Justice Program, “aims
to preserve and extend constitutionally guaranteed rights to
people who have historically been denied their rights on the
basis of race” (2013, Racial Justice). They are actively working
to challenge the School-to-Prison Pipeline and the policies that
contribute to the unjust criminalization of youth. However, it is
important to note that in order to truly stop the mass
incarceration of African Americans, and in turn the
disproportionate number of African American foster children, “we
must face the realities of the new caste system and embrace those
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who are most oppressed by it if we hope to end the new Jim Crow”
(Alexander, 2012, p. 229).
Many organizations like Children’s Rights and Children’s
Alliance have been and continue to do the necessary work of
advocating for legislation and policy reform centered on the
mezzo-level of the human and children’s rights of foster
children. Grassroots organizations around the country are also
working specifically to address the disproportionate
representation of children of color in the foster care system.
All of the organizations fighting for social justice on behalf of
African American foster children are doing noble work, and they
are making progress on the issues within the mezzo-level of the
foster children system. Many states have created documents
outlining the rights of foster children and have started taking
steps to uphold them. While most states and organizations still
do not take full advantage of the international human rights
documents in existence, there is hope that the states are in fact
recognizing that the human and children’s rights of foster
children are being violated and require further protection.
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On the mezzo level, schools and their administrators have a
deep impact on how African American foster children are treated
and have direct influence on their educational success. That
being said, there are several ways that schools can create spaces
that do not further discriminate against this already oppressed
group. The reality of the foster care system is that foster
children experience an atypical amount of moves,
Only about 2/3 of students in foster care attended thesame school for the entire school year, compared to 90%of the general student population. In addition to this,about 10% of youth in foster care attended 3 or moreschools during the school year, a level of schoolmobility experienced by only about 1% of the statewidestudent population. (Alliance for Children’s Rights,2013)
Currently many school districts do not give partial credit for
mid-term moves, which means that students are not only subject
to, “to los[ing] about six months of learning with each school
transfer,” but also lose any credit they may have earned. This
system directly breaches African American foster children’s human
right against discrimination and their right to education. In
addition, students are often victim to falling even more behind
because many school districts require forms before they will
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enroll students, which can take days and sometimes weeks. Foster
children should not be further penalized for situations that are
out of their control.
Another way that we can help honor the human rights of
African American foster children is by making our schools trauma-
sensitive. “Jane Stevens, a health and science journalist who
edits [the website] ACES Too High,” explains that the key to
creating trauma-sensitive schools is that, “‘educators understand
that the behavior of children who act out is not willful or
defiant, but is in fact a normal response to toxic stress. And
the way to help children is to create an environment in which
they feel safe and can build resilience’” (Bornstein, 2013, para
2). The goal of trauma-sensitive schools is to separate the
behavior and the student by recognizing that “punish[ing]
children for misbehavior that they often do not know how to
control” should not be the standard practice (Bornstein, para 2).
This approach means, “helping teachers move away from reflexive
discipline and toward responses that help kids learn how to calm
themselves” (Bornstein, para 8). Creating trauma-sensitive
schools can help all children; especially African American foster
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children thrive in school rather than to be further discriminated
against for “acting out” because of their traumatic experiences.
This shift to help students learn to cope with their emotions
will also contribute to less African American foster youth
entering the School-to-Prison-Pipeline by unjustly being placed
into the school discipline system. Ultimately, ensuring “schools
and other social services are sensitized in these ways is not
just about assisting those children who have endured extreme
stress. It’s not just about helping them get through school,
either. It’s about taking care of everyone” (Bornstein, para 21).
On the micro level, teachers and community leaders can
incorporate implicit tools that help empower African American
foster children and contribute to their human right to education.
First teachers must address what stereotypes or biases they have
about African American foster children and educate themselves
about the facts. If teachers cannot recognize their own
assumptions and stereotypes, they may in fact be contributing to
the oppression these youth face. As a teacher it is critical to
take responsibility for any misconceptions you have about African
American foster children and educate yourself. “Antiracist
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educators understand racism as learned behavior and, as such, it
can be unlearned" (Ladson-Billings, in Darder, et al., 2009, p.
466). By “unlearning racist behavior” teachers can work to
dismantle these messages in their classroom and inspire self-
reflection and change within their students as well. "Effective
teaching of African American students almost always involves some
recognition and attention to the ways that race and racism
construct and constrict peoples' lives" (Ladson-Billings, in
Darder, et al., p. 461). Once teachers have educated themselves
on African American foster children and the impact racism has had
on their life, it will be easier to build an understanding around
how racism has affected their lives and recognize its impact on
their educational and emotional status.
Additional work that teachers can do to help African
American foster children access their human right of education,
is to recognize that these children may need additional help and
more specialized assignments, as they have likely changed schools
frequently making it challenging to stay on course. Most
importantly, find out if the student has an Individual Education
Plan (IEP) and/or talk to the student and find out what their
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educational needs are. African American foster children need
resources, and may not have people in their lives advocating for
them. If teachers want to contribute to their success it is key
that they encourage their students to take advantage of
additional resources like tutoring and other after-school
activities that will these children succeed.
African American foster children also face the obstacle of
curriculum exclusion, as White privilege continues to dominate in
classrooms, excluding people of color (Baumgartner and Johnson-
Bailey, 2008, p. 46). In addition to the racial exclusion,
foster children also face cultural exclusion due to their
atypical family situation. Teachers can work to minimize these
curriculum exclusions by including books in their classrooms that
depict diverse foster families and other “non-traditional” family
structures. In addition to foster focused books, offering books
that depict interracial families can also help African American
foster children feel less out of place in their mostly White
foster families. Teachers can also be sensitive about assignments
that may exclude foster children, i.e. making a family tree or
writing about a family member. Teachers can offer alternative
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assignments or change their curriculum to be inclusive of
children from “non-traditional” families. Additionally, teachers
can be observant in how foster children refer to their family; do
they call their parents “my mom and dad” or do they make the
distinction “foster parents;” mirror the language they use or use
general language as much as possible. On par with this, in this
age of technology it is easy to assume that children have access
to technology; however, many do not. Rather than potentially
ostracizing any students by asking them to raise their hands, do
an anonymous handwritten survey to see how many students in your
classroom have access to technology and adjust your assignments
accordingly.
The aim of this research is to shed light on this specific
cycle of oppression by providing human rights activists and
educators with a deeper understanding of the disproportionate
number of disadvantages African American foster children face.
The hope of this is research is that the specific focus on this
demographic will help offer insight into the change that can and
needs to happen at the micro, mezzo, and macro levels in order to
stop the human rights infringements of African American foster
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children. While this research serves as a starting point, there
is still much work to be done in the area of racial equality for
all. In the words of Dr. Martin Luther King, “Injustice anywhere
is a threat to justice everywhere.”
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