Human rights in the United States 160943 move=:edit= 225904581 2008-07-15T23:11:15Z 141.153.141.160 /* Hurricane Katrina */ [[Image:Freiheitsstatue NYC full cropped.jpg|right|thumb|The [[Statue of Liberty]]. Given to mark the friendship established during the American Revolution between France and the United States, the symbolism has grown to include freedom and democracy.<ref name=Statue>{{cite web|accessdate= |url=http://www.statueofliberty.org/Statue_History.html |title=History of the Statue of Liberty |author=National Park Service |publisher=The Statue of Liberty of Liberty-Ellis Island Foundation, Inc. }}</ref> ]] The '''human rights''' record of the '''United States''' is a long and complex issue. The [[United States]] has been praised for its progressive [[human rights]] record by international watchdog organizations and is considered to be among the world's most free nations,<ref>See "Assessments of human rights organizations" below</ref> although it has faced some criticism for certain policies and practices.<ref name=boston>{{cite news|url=http://www.boston.com/news/world/europe/articles/2007/05/24/report_hits_us_on_human_rights/?rss_id=Boston+Globe+--+World+News|title=Report hits US on human rights|publisher=[[Associated Press]] (published on Globe]])|first=Raphael|last=Satter|date=[[2007-05-24]]|accessdate=2007-05-29}}</ref><ref>{{cite web|url=http://hrw.org/wr2k2/us.html|title=World Report 2002: United States|publisher=[[Human Rights Watch]]|accessdate=2007-06-02}}</ref> Historically, the United States has been committed to the principle of [[liberty]] and has sheltered many political and economic refugees in times of international strife. It has a powerful and independent [[judiciary]]<ref>Bernard Schwartz. 1968. Rights of the Person. page 4</ref> and a [[United States Constitution|constitution]] that enforces [[separation of powers]] to prevent [[tyranny]].<ref>Bernard Schwartz. 1968. Rights of the Person. page 14</ref> Legally, human rights within the United States are those rights recognized by the [[Constitution of the United States]] and those recognized by treaties ratified by the [[United States Senate]] as well as certain rights articulated by the Congress of the United States.<ref>[[Fourteenth Amendment to the United States Constitution]]</ref><ref>Reginald Wilson, Think About Our Rights. 1988. page 1-5</ref> The Constitution and treaties are generally interpreted by the judicial branch and particularly the [[Supreme Court of the United States|Supreme Court]].<ref>Reginald Wilson, Think About Our Rights. 1988. page 1-9</ref><ref>Bernard Schwartz. 1968. Rights of the Person. page 3-9</ref> Human rights within the United States are thus largely determined by the judiciary.<ref>Bernard Schwartz. 1968. Rights of the Person. page 44</ref> Internationally, the United States was central to the creation of the [[United Nations]] and to the drafting of the [[Universal Declaration of Human Rights]]. Much of the [[Universal Declaration of Human Rights]] was modeled in part on the [[U.S. Bill of Rights]].<ref>{{cite web|title=Drafting and Adoption: The Universal Declaration of Human Rights|url=http://www.udhr.org/history/overview.htm|accessdate=02-07-2008|author=National Coordinating Committee for UDHR|publisher=Franklin and Eleanor Roosevelt Institute|year=1998}}</ref><ref>Reginald Wilson. 1988. Think about our rights. ISBN 0-8027-6751-6. pages 31.</ref> In the latter part of the 20th century, however, the US has participated in few of the international human rights treaties, covenants and declarations adopted by the UN member states. In the 21st century, the US actively attempted to undermine the [[Rome Statute]] of the [[International Criminal Court]].<ref>[http://www.hrw.org/campaigns/icc/us.htm Human Rights Watch - The US and the International Criminal Court]</ref> The United States government has been criticized for human rights violations, particularly in the [[criminal justice system]] and where [[national security]] is a concern. Some critics (in both friendly and hostile countries) have criticized the U.S. Government for supporting alleged serious human rights abuses, including [[torture]],<ref>{{cite web|url=http://www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.USA.CO.2.pdf|title=Conclusions and recommendations of the Committee against Torture|publisher=The United Nations Committee against Torture|date=2006-05-19|accessdate=2007-06-02|format=PDF}}</ref> [[Rendition (law)|legal rendition]] and [[Cold War]] [[assassination]].<ref>[http://news.bbc.co.uk/2/hi/americas/244974.stm BBC bio on Castro, mentions CIA assassination attempts]</ref> == Overview == On [[September 17]] [[1787]] the [[United States Constitution]] asd was adopted, which created a distinguished progressive [[liberal democracy]] that guaranteed unprecedented [[social rights|social]] and economic rights for all its citizenry. The American system seeks to ensure a free society where life, liberty and a host of inalienable human rights are guaranteed by its Constitution, including the [[United States Bill of Rights|Bill of Rights]] (the first ten amendments of the Constitution), and as called for by the [[United States Declaration of Independence|Declaration of Independence]]. [[Civil liberties]] in the United States are built on what has been described as a ''[[self-evident|self-evident truth]]'' that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".<ref>Declaration of Independence</ref> This view of human liberty reflects the understanding that fundamental rights are not granted by the state but are inherent to each individual (hence these rights are "unalienable" and each human is "endowed" to them by their Creator). The Constitution recognizes a number of inalienable human rights, including [[freedom of speech]], [[freedom of the press]], [[freedom of religion]], the [[right to arms|right to keep and bear arms]], freedom from cruel and unusual punishment, and the right to a fair [[trial (law)|trial]] and trial by jury. [[Constitutional amendment]]s have been enacted as the needs of the society of the United States changed. The [[Ninth Amendment to the United States Constitution|Ninth Amendment]] and [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] recognize that not all human rights have yet been enumerated. The [[Civil Rights Act]] and the [[Americans with Disabilities Act]] are examples of human rights that were enumerated by Congress well after its writing. The scope of the legal protections of human rights afforded by the US government is defined by case law, particularly by the precedents of the [[Supreme Court of the United States]]. Within the government, the debate about what may or may not prove to be an emerging human right is held in two forums, the United States Congress which may enumerate these or the Supreme Court which may articulate rights not recognized. == Equality == === Racial === [[Image:Am I not a man.jpg|right|thumb|250px|From the title page to [[abolitionist]] [[Anthony Benezet]]'s book ''Some Historical Account of Guinea'', London, 1788]] {{see also|Slavery|African-American Civil Rights Movement}} The initial applications of the Constitution of the United States did not recognize the human rights of many, particularly [[African Americans]] and [[Native Americans in the United States|Native Americans]]. The US [[Supreme Court]] held this in the pivotal decision [[Dred Scott]]. From the 1640s until the end of the [[American Civil War]] in 1865, the [[slave states]] had legal [[slavery]] of [[African Americans]]. On [[July 9]] [[1868]], the [[Equal Protection Clause]] of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] to the [[United States Constitution]] guaranteed principles of [[legal egalitarianism]]; and the [[Civil Rights Act of 1875]] guaranteed equality in public accommodations. The egalitarian principle was used to challenge [[Jim Crow laws]], which had little success before the 20th centry. The Civil Rights Act of 1875 was [[Civil Rights Cases|found unconstitutional]] in 1883; [[Separate but equal]], which allowed [[Racial segregation in the United States|racial segregation]] in the South was upheld in the [[Plessy v. Ferguson]] (1898)decision until the [[Brown v. Board of Education]] and [[Bolling v. Sharpe]] decisions in 1954. In the 20th centry, [[Disfranchisement after the Civil War|Policies disfranchising African Americans]] such as [[grandfather clause]], [[literacy test]], [[poll taxes]] and [[white primaries]] were forbidden by the [[Voting Rights Act|National Voting Rights Act of 1965]], the [[Guinn v. United States]] decision (1913), the [[Harper v. Virginia Board of Elections]] decision (1966) and the [[Smith v. Allwright]] decision (1944). In addition [[Lynching in the United States|Lynching]] by the [[Ku Klux Klan]] of African Americans and their white Republican supporters was relatively common in [[Southern United States|Southern states]], until the middle of the 20th century, when lynching was targeted and ended by the federal government. [[Native Americans in the United States|Native Americans]] did not have any citizenship rights until the [[Dawes Act]] of 1887 and the [[Indian Citizenship Act of 1924]]. Some criticize the overrepresentation of blacks on death row as evidence of the unequal racial application of the death penalty. This over-representation is not limited to capital offenses, in 1992 although blacks account for 12% of the US population, about 34 percent of prison inmates were from this group.<ref name=Free1997>{{cite journal |title=The Impact of Federal Sentencing Reforms on African Americans |author=Free, Marvin D. Jr. |journa=Journal of Black Studies |volume=28 |issue=2 |date=November 1997 |pages=pp. 268–286 |accessdate=2007-05-31 |url=http://links.jstor.org/sici?sici=0021-9347(199711)28%3A2%3C268%3ATIOFSR%3E2.0.CO%3B2-F |issn=0021-9347 |month=Nov |year=1997}}</ref> In [[McCleskey v. Kemp]], it was alleged the capital sentencing process was administered in a racially discriminatory manner in violation of the [[Equal Protection Clause]] of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]]. In 2003, [[Amnesty International]] reported those who kill whites are more likely to be executed than those who kill blacks, citing of the 845 people executed since 1977, 80 percent were put to death for killing whites and 13 percent were executed for killing blacks, even though blacks and whites are murdered in almost equal numbers.<ref>{{cite news|title=Death Penalty Discrimination: Those Who Murder Whites Are More Likely To Be Executed|date=[[2003-04-24]]|publisher=Associated Press ([[CBS News]])|url=http://www.cbsnews.com/stories/2003/04/24/national/main550986.shtml|accessdate=2007-06-03}}</ref> === Gender === With the passage of the [[Nineteenth Amendment to the United States Constitution]] in 1920, the country had its first federal requirement for women to have equal rights with men with respect to voting. The amendment stated that "the right of citizens of the United States to [[vote]] shall not be denied or abridged by the United States or by any State on account of sex".<ref name="lc">[http://www.law.cornell.edu/anncon/html/amdt19_user.html#amdt19_hd2 Nineteenth Amendment], CRS/LII Annotated Constitution</ref> While this does not necessarily guarantee all women the right to vote, as [[suffrage]] qualifications are determined by individual states, it does mean that states' suffrage qualifications may not prevent women from voting due to their gender.<ref name="lc"/> The proposed [[Equal Rights Amendment]] to the [[United States Constitution]], first adopted in [[United States Congress|Congress]] in 1971 but never ratified by the state legislatures, would have constitutionally guaranteed the equal rights of men and women. The amendment was re-introduced in 2007 by Representative [[Carolyn Maloney]] ([[Democratic Party (United States)|Democrat]]).<ref>[http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.j.res.00040: H.J.RES.40]</ref> There is no constitutional recognition of any gender rights except for the 19th Amendment, but there are constitutional guarantees for [[equal rights]] for all. Women are not restricted in [[employment]] rights, except in the [[United States military]], which does not permit women to serve as [[Navy SEALs]] or in some front-line combat units in the [[United States Army]] or [[United States Marine Corps]]. The [[Selective Service]] system does not require women to register for a possible [[military draft]], a policy which was upheld in 1981 by the [[United States Supreme Court]] in ''[[Rostker v. Goldberg]]'';<ref>[http://www.american.edu/dgolash/rostker.htm Rostker v. Goldberg, 453 U.S. 57 (1981)]</ref> the Court ruled that this did not constitute discrimination against men. The [[Equal Pay Act of 1963]] promotes [[equal pay for women]], however, sometimes [[glass ceiling]] forces women to hold lower positions. ===Age=== The [[Age Discrimination in Employment Act]] bans employment discrimination against persons 40 years of age or older, and an amendment in 1978 forbids [[mandatory retirement]] in most sectors. In the [[Kimel v. Florida Board of Regents]] decision, the Supreme Court rules the state governments are exempt from this law. A special interest group [[AARP]], is a powerful lobbying force against [[Ageism|age discrimination]]. The [[National Youth Rights Association]] has lobbied for the end to age discrimination. ===Disability=== The [[Americans with Disabilities Act of 1990]] adds similar protections against discrimination to [[Americans with disabilities]] as the Civil Rights Act of 1964. However, in the case [[Board of Trustees of the University of Alabama v. Garrett]], the Supreme Court rules its Title I unconstitutional. In the [[Bragdon v. Abbott]] decision the Supreme Court extends the protection to people with [[Acquired immune deficiency syndrome]] (AIDS). === Sexual orientation === {{see also|Same-sex marriage in the United States}} The Constitution of the United States explicitly recognizes certain individual rights, but it does not explicitly state any sexual orientation rights. The 14th Amendment recognizes that some human rights may exist but are not yet recognized within constitutional law; for example civil rights for people of color and disability rights were long unrecognized. There may exist additional gender-related civil rights that are presently not recognized by US law. In one survey, "41% of adults agree that "not allowing same-sex couples to marry goes against a fundamental American right that all people should be treated equally, while 47% disagree."<ref>{{cite web|url=http://www.harrisinteractive.com/harris_poll/index.asp?PID=454|publisher=[[Harris Interactive]]|date=[[2004-04-14]]|accessdate=2007-05-26|title=Strong Opposition to Same-Sex Marriage, But Those Who Approve Have Increased Substantially}}</ref> Some states have recognized sexual orientation rights which are discussed below. The United States does not have any substantial body of law relating to marriage, these laws have developed separately within each state. The [[Full faith and credit clause]] of the US Constitution ordinarily guarantees the recognition of a marriage performed in one state by another. However, the [[United States Congress|Congress]] passed the [[Defense of Marriage Act]] of 1996,<ref>{{cite web|url=http://www.pbs.org/flashpointsusa/20040127/infocus/topic_02/|title=Flashpoints USA: God and Country|date=[[2007-01-27]]|accessdate=2007-06-03|publisher=[[Public Broadcasting Service|PBS]]}}</ref> which affirmed that no [[U.S. state|state]] (or other [[Political divisions of the United States|political subdivision within the United States]]) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state and the [[Federal Government of the United States|Federal Government]] may not recognize same-sex or [[plural marriage|polygamous marriages]] for any purpose, even if concluded or recognized by one of the states. The US Constitution denies the federal government any authority to limit state recognition of sexual orientation rights or protections. This federal law only limits the intrastate recognition of individual state laws and does not limit state law in any way. ==== State laws ==== [[Wisconsin]] was the first state to pass a law explicitly prohibiting discrimination on the basis of sexual orientation. [[Massachusetts]] and [[California]] are the only two states that allows same-sex marriage. In 1996, [[Hawaii]] ruled same-sex marriage is a Hawaiian constitutional right. ===Privacy=== Privacy is not explicitly stated in the United State Constitution. In the [[Griswold v. Connecticut]] case, the Supreme Court rules that it is implied in the constitution. In the [[Roe v. Wade]] case, the Supreme Court uses privacy rights to overturn most laws against [[abortion in the United States]]. In the [[Cruzan v. Director, Missouri Department of Health]] case, the Supreme Court holds that the patient had a right of privacy to terminate medical treatment. In the [[Gonzales v. Oregon]] case, the Supreme Court holds the Federal [[Controlled Substances Act]] can not prohibit [[Euthanasia|physician-assisted suicide]] allowed by the [[Oregon Death with Dignity Act]]. The Supreme Court upheld the constitutionality of criminalizing oral and anal sex in the [[Bowers v. Hardwick]] {{ussc|478|186|[[1986]]}} decision, however, it overturned the decision in the [[Lawrence v. Texas]] [[Case citation|539 U.S. 558]] ([[2003]]) case and established the protection to sexual privacy. ===Accused=== United States maintains a [[presumption of innocence]] in legal procedures.The [[Fourth Amendment to the United States Constitution|Fourth]], [[Fifth Amendment to the United States Constitution|Fifth]], [[Sixth|Sixth Amendment to the United States Constitution]] and [[Eighth Amendment to the United States Constitution]] deals with the rights of criminal suspects. Later the protection is extended to civil cases as well<ref>McCarthy v. Arndstein, 266 U.S. 34 (1924)</ref> In the [[Gideon v. Wainwright]] case, the Supreme Court requires that indigent criminal defendants who unable to afford their own attorney be provided counsel at trial. In the [[Miranda v. Arizona]] case, the United States requires police departments inform arrested persons of their rights, which is later called [[Miranda warning]] and typically begins with "You have the right to remain silent." [[Capital punishment]] is used in some states. In the [[Furman v. Georgia]] case, the Supreme Court overturned arbitrary and inconsistent imposition of the death penalty on the grounds of Eighth and Fourteenth United States Constitution Amendments that forbid cruel and unusual punishment and [[due process]] of law. This decision halts execution of prisoners until the [[Gregg v. Georgia]] decision, which approved the retooled procedures be used to enact death penalty after the Furman decision. The decisions in the [[Roper v. Simmons]] and [[Atkins v. Virginia]] cases ban imposing capital punishment for crimes committed while under the age of 18 or by the mentally handicapped. == Freedoms == ===Freedom of religion=== The [[Establishment Clause]] of the [[First Amendment to the United States Constitution]] establishes the principle of the [[Separation of church and state|Separating the church and the state]], while [[Free Exercise Clause of the First Amendment]] guarantees the free exercise of religion. The Supreme Court's [[Lemon v. Kurtzman]] decision established the "Lemon test" exception, which details the requirements for legislation concerning religion. This separate principle is used to limit [[school prayer|school praying]]. In the [[Engel v. Vitale]] case, Government-directed prayer is ruled unconstitutional. In the [[Wallace v. Jaffree]] case, silence moment allocated for praying is also banned. The Supreme Court also ruled Clergy-led prayer public high school graduation and student-led, student-initiated prayer at football games illegal in the [[Lee v. Weisman]] case and the [[Santa Fe Independent School Dist. v. Doe]] case. This freedom of exercising religion is also limited by Supreme Court rulings. In the [[Employment Division v. Smith]] decision, the Supreme Court maintains a "neutral law of general applicability" can be used to limit religion exercises. In the [[City of Boerne v. Flores]] decision, the [[Religious Freedom Restoration Act]] is struck down as exceeding congressional power, however the decision's effect is limited by the [[Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal]] decision, which requires states to express compelling interest in prohibiting illegal drug use in religious practices. === Freedom of expression === {{Main|Freedom of speech in the United States|Censorship in the United States}} In the United States, like other [[liberal democracy|liberal democracies]], freedom of expression (including speech, [[Freedom of the press|media]], and [[Freedom of association|public assembly]]) is an important right and is given special protection. According to Supreme Court precedent, the federal and lower governments may not apply [[prior restraint]] to expression, with certain exceptions, such as national security and obscenity.<ref>[[Near v. Minnesota]]</ref> There is no law punishing insults against the government, ethnic groups, or religious groups. Symbols of the government or its officials may be destroyed in protest, including the [[American flag]]. Legal limits on expression include: *[[Solicitation]], [[fraud]], specific threats of violence, or disclosure of [[classified information]]. *Civil offenses involving [[defamation]], fraud, or workplace [[harassment]] *[[Copyright]] violations *[[Federal Communications Commission]] rules governing the use of [[broadcast media]]. *Crimes involving sexual [[Obscenity#United States obscenity law|obscenity]] in [[Censorship in the United States#Censorship of pornography|pornography]] and [[Obscenity#Non image based obscenity cases in the USA|text only erotic stories]]. *Ordinances requiring mass demonstrations on public property to register in advance. *The use of [[free speech zone]]s and protest free zones. *Military censorship of [[blogs]] written by military personnel claiming some include [[OPSEC|sensitive information ineligible for release]]. Some critics view military officials as trying to suppress dissent from troops in the field.<ref>{{cite news|title=U.S. Army clamping down on soldiers' blogs|publisher=[[Reuters]] (CNN)|date=[[2007-05-02]]|accessdate=2007-05-27|url=http://www.cnn.com/2007/TECH/internet/05/02/army.blogs.reut/index.html}}</ref><ref>{{cite news|url=http://www.npr.org/templates/story/story.php?storyId=3867981|title=Soldiers' Iraq Blogs Face Military Scrutiny|date=2004-08-24|accessdate=2007-06-14|publisher=[[National Public Radio|NPR]]}}</ref> Some laws remain controversial due to concerns that they infringe on freedom of expression. These include the [[Digital Millennium Copyright Act]]<ref>{{cite news|url=http://news.com.com/2100-1023-251627.html|publisher=[[CNET]]|first=John|last=Borland|title=Battle lines harden over Net copyright|date=[[2001-02-26]]|accessdate=2007-05-28}}</ref> and the [[Bipartisan Campaign Reform Act]].<ref>{{cite web|title=Fatal Flaws in the Bipartisan Campaign Reform Act of 2002|publisher=[[Brookings Institution]]|accessdate=2007-05-27|url=http://www.brookings.edu/dybdocroot/gs/cf/debate/Bopp.pdf}}</ref> In two high profile cases, grand juries have decided that ''[[Time (magazine)|Time]]'' magazine reporter Matthew Cooper and ''[[New York Times]]'' reporter Judith Miller must reveal their sources in cases involving CIA leaks. Time magazine exhausted its legal appeals, and Mr. Cooper eventually agreed to testify. Ms. Miller was jailed for 85 days before cooperating. U.S. District Chief Judge Thomas F. Hogan ruled that the First Amendment does not insulate Time magazine reporters from a requirement to testify before a criminal grand jury that's conducting the investigation into the possible illegal disclosure of classified information. As of June 2004, <!--Can someone find more recent source?-->over a dozen foreign journalists who arrived in the United States without an [http://travel.state.gov/visa/temp/types/types_1276.html I-visa] were apprehended and deported. The journalists were unaware of requirement, as open societies generally do not have a special visa requirement for journalists, as such with countries like [[Cuba]], [[Iran]], [[North Korea]], and [[Zimbabwe]].<ref>{{cite news|url=http://www.guardian.co.uk/usa/story/0,12271,1231089,00.html|title=Welcome to America|publisher=[[The Guardian]]|date=[[2004-06-05]]|accessdate=2007-05-29}}</ref> When citizens' right to peacefully gather was acknowledged and written into the Bill of Rights, there were no clauses about "free speech zones", "permits" to hold demonstrations, or "protest free zones". A controversial test of free speech rights took place when University of Florida student Andrew Meyer was grabbed by police while asking questions to Senator John Kerry at a Constitution Day forum at the University of Florida in Gainesville on September 17, 2007. Meyers was forced to the ground, tasered, and arrested for "inciting a riot". He was later charged with "resisting an officer" and "disturbing the peace".<ref>{{cite news|url=http://www.allheadlinenews.com/articles/7008557413|title=University Of Florida Student Tasered, Arrested During John Kerry Forum|publisher=All Headline News|date=2007-09-18|accessdate=2007-12-23}}</ref> He was forced to apologize to the University and the police to avoid more time in jail.<ref>{{cite news|url=http://www.gainesvillesun.com/article/20071030/NEWS/71030006/1007/NEWS|title=Meyer to return to school in January|publisher=The Gainesville Sun|date=2007-10-30|accessdate=2007-12-23}}</ref> In [[Reporters Without Borders]]’ 2006 worldwide press freedom index, United States is ranked 53rd out of 168.<ref>{{cite web|url=http://www.rsf.org/IMG/pdf/cm2006.pdf|title=Worldwide Press Freedom Index 2006|author=Reporters sans Frontières press release|accessdate=2008-01-01|format=PDF}}. See also http://www.rsf.org/article.php3?id_article=19391</ref> ===Freedom of movement=== Chapter 4 of the [[Articles of Confederation]] guarantees the freedom of movement to free citizens except paupers, vagabonds, and fugitives from justice. However, escaped slaves were not recognized as free citizens. The [[Article Four of the United States Constitution]] removes the restriction on paupers and vagabonds, but [[fugitive slave]]s were still limited until the [[Thirteenth Amendment to the United States Constitution]] was passed. The [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] extends the freedom to all persons within United States' jurisdictions. In the [[Shapiro v. Thompson]] case, the decision establishes new residents' welfare rights and a fundamental "right to travel" in U.S. law. In the [[Oregon v. Mitchell]] case, the Supreme Court establishes new residents' voting rights in presidential and vice-presidential elections. The Supreme Court maintaines this principle by striking down state and local [[act of settlement]] laws. In the [[Edwards v. California]] case, a California law prohibiting the bringing of a non-resident "indigent person" into the state was ruled unconstitutional. In the [[United States v. Cassiagnol]]<ref>420 F.2d 868, 873 (4 th Cir. 1970)</ref> case, laws banning wandering on public property was ruled unconstitutional. Both a Jacksonville vagrancy ordinance that criminalize nightwalking, habtitually living without visible means of support and a New York ordinance that criminalize wandering near public transportation stations were ruled unconstitutional in the [[Papachristou v. Jacksonville]] and [[People v. Bright]]<ref> 520 N.E.2d 1355 (N.Y. 1988)</ref>cases. === National security exceptions === {{Unreferencedsection|date=July 2008}} {{See|National Security Strategy of the United States}} The United States government has suspended (or claimed exceptions to) some rights on national security grounds, typically in wartime and conflicts (such as the [[United States Civil War]], [[Cold War]] or the [[War on Terrorism|War against Terror]]). In some instances the federal courts have allowed these exceptions, while in others the courts have decided that the national security interest was insufficient. ==== Historical restrictions ==== Sedition laws have sometimes placed restrictions on freedom of expression. The [[Alien and Sedition Acts]], passed by President [[John Adams]] during an undeclared naval conflict with [[France]], allowed the government to punish "false" statements about the government and to deport "dangerous" immigrants. The [[Federalist Party]] used these acts to harass supporters of the [[Democratic-Republican Party]]. While [[Woodrow Wilson]] was president, another broad sedition law called the [[Sedition Act of 1918]], was passed during [[World War I]]. It also caused the arrest and ten year sentencing of [[Socialist Party of America]] Presidential candidate [[Eugene V. Debs]] for speaking out against the atrocities of World War I, although he would later be released early by President [[Warren G. Harding]]. Countless others, labeled as "subverts" (especially the [[Wobblies]]), were investigated by the Woodrow Wilson Administration. Presidents have claimed the power to imprison summarily, under military jurisdiction, those suspected of being combatants for states or groups at war against the United States. [[Abraham Lincoln]] invoked this power in the [[American Civil War]] to imprison [[Maryland]] secessionists. In that case, the [[United States Supreme Court|Supreme Court]] concluded that only [[United States Congress|Congress]] could suspend the writ of [[habeas corpus]], and the government released the detainees. During [[World War II]], the United States [[Japanese American internment|interned thousands of Japanese-Americans]] on alleged fears that [[Japan]] might use them as saboteurs. This has since been proven false{{Fact|date=May 2008}}, and the United States Government has publicly acknowledged the racist undertones and motives of these acts. The [[Fourth Amendment of the United States Constitution]] forbids unreasonable search and seizure without a [[warrant (legal)|warrant]], but some administrations have claimed exceptions to this rule to investigate alleged [[conspiracy (political)|conspiracies]] against the government. During the [[Cold War]], the [[Federal Bureau of Investigation]] established [[COINTELPRO]] to infiltrate and disrupt left-wing organizations, including those that supported the rights of [[black Americans]]. National security, as well as other concerns like [[unemployment]], has sometimes led the United States to toughen its generally liberal [[immigration]] policy. The [[Chinese Exclusion Act (United States)|Chinese Exclusion Act]] of 1882 all but banned [[China|Chinese]] immigrants, who were accused of crowding out American workers. == Labor Rights== Labor rights in the United States have been linked to basic constitutional rights<ref>http://www.workrights.org/issue_organize/ro_right_to_organize.html</ref> and strict laws mandate safe working environments, prohibit [[child labor]], and guarantee a livable [[minimum wage]]. While U.S. workers tend to work longer hours than other industrialized nations, lower taxes and more benefits give them a larger disposable income than those of most industrialized nations, and U.S. workers are among the most productive in the world.<ref>http://www.nationsencyclopedia.com/economies/Americas/United-States-of-America-WORKING-CONDITIONS.html</ref> During the [[Industrial Revolution]] and into the 19th century, labor conditions in the United States were loosely controlled described as being "the bloodiest" of any industrialized nation. During the 19th and 20th centuries, safer conditions and workers' rights were gradually mandated by law.<ref>http://www.kentlaw.edu/ilhs/curricul.htm</ref> In 1935, the [[National Labor Relations Act]] recognized and protected "the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands." == Inhumane treatment == === Death penalty === {{See also|Capital punishment in the United States}} {{See also|Capital punishment debate}} Capital punishment is controversial. Death penalty opponents regard the death penalty as inhumane<ref name="amnesty-ill">{{cite journal|title=Cruel and Unusual: Executing the mentally ill|url=http://www.amnestyusa.org/page.do?id=1105184In|author=Dan Malone|publisher=Amnesty International Magazine|year=2005|month=Fall}}</ref> and criticize it for its irreversibility<ref name="amnesty-irreversible">{{cite web|url=http://www.amnestyusa.org/Our_Issues/Death_Penalty/page.do?id=1011005&n1=3&n2=28|title=Abolish the death penalty|publisher=Amnesty International|accessdate=2008-01-25}}</ref> and assert that it lacks a deterrent effect.[http://www.amnestyusa.org/death-penalty-facts/the-death-penalty-and-deterrence/page.do?id=1101085&n1=3&n2=28&n3=99], as have several studies[http://www.truthinjustice.org/922death.htm][http://www.math.dartmouth.edu/~lamperti/capitalpunishment.html] and debunking studies which claim to show a deterrent effect[http://www.deathpenaltyinfo.org/article.php?&did=2374]. According to [[Amnesty International]], "the death penalty is the ultimate, irreversible denial of human rights."<ref name="amnesty-irreversible" /> The 1972 US Supreme Court case [[Furman v. Georgia]] {{ussc|408|238|1972}} held that arbitrary imposition of the death penalty at the states' discretion constituted [[cruel and unusual punishment]] in violation of the [[Eighth Amendment to the United States Constitution]]. In [[California v. Anderson]] 64 Cal.2d 633, 414 P.2d 366 (Cal. 1972), the [[Supreme Court of California]] classified capital punishment as [[Cruel and unusual punishment|cruel and unusual]] and outlawed the use of capital punishment in California, until it was reinstated in 1976 after the federal supreme court rulings [[Gregg v. Georgia]], {{ussc|428|153|1976}}, [[Jurek v. Texas]], {{ussc|428|262|1976}}, and [[Proffitt v. Florida]], {{ussc|428|242| 1976}}.<ref name="alaska-law">{{cite web|url=http://justice.uaa.alaska.edu/death/history.html|title=History of the Death Penalty &amp; Recent Developments|year=2005|month=May|accessdate=2008-01-25|author=Melissa S. Green|note=In Focus on the Death Penalty (website)|publisher=Justice Center, University of Alaska Anchorage}}</ref> As of [[January 25]], [[2008]], the death penalty has been abolished in [[Washington, D.C.|District of Columbia]] and fourteen [[U.S. State|states]], mainly in the [[Northeastern United States|Northeast]] and [[Midwestern United States|Midwest]].<ref>{{cite web|url=http://www.deathpenaltyinfo.org/article.php?did=121&scid=11|title=Death Penalty Policy By State|publisher=[http://www.deathpenaltyinfo.org Death Penalty Information Center]|accessdate=2008-01-25}}</ref> The UN special [[rapporteur]] recommended to a committee of the UN [[General Assembly]] that the United States be found to be in violation of Article 6 the [[International Covenant on Civil and Political Rights]] in regards to the death penalty in 1998, and called for an immediate capital punishment moratorium.<ref>{{cite journal|author=Rights Watch|url=http://www.un.org/Pubs/chronicle/1998/issue2/0298p72.html|title=Death Penalty Issue Addressed by Special Rapporteur|publisher=UN Chronicle|volume=Volume XXXV|issue=Number 2 |year=1998}}</ref> The recommendation of the special [[rapporteur]] is not legally binding under international law. Since the reinstatement of the death penalty in 1976 there have been 1077 executions in the United States (as of [[May 23]], [[2007]]).<ref name = "Death Penalty Info">[http://www.deathpenaltyinfo.org Death Penalty Info]</ref> There were 53 executions in 2006.<ref name = "Death Row USA">[http://www.deathpenaltyinfo.org/article.php?scid=8&did=146 Death Penalty Info: Executions by Year]</ref> Texas overwhelmingly leads the United States in executions, with 379 executions from 1976 to 2006;<ref>[[List of individuals executed in Texas]]</ref> the second-highest ranking state is Virginia, with 98 executions.<ref>[[List of individuals executed in Virginia]]</ref> A ruling on [[March 1]], [[2005]] by the [[United States Supreme Court]] in [[Roper v. Simmons]] prohibits the execution of people who committed their crimes when they were under the age of 18.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/americas/4308881.stm|title=S court bans juvenile executions|publisher=[[BBC News]]|date=[[2005-03-01]]|accessdate=2007-06-03}}</ref> Between 1990 and 2005, [[Amnesty International]] recorded 19 executions in the United States for crime committed by a juvenile.<ref>{{cite web|url=http://web.amnesty.org/pages/deathpenalty-children-stats-eng|title=Executions of child offenders since 1990|publisher=[[Amnesty International]]|accessdate=2007-06-03}}</ref> It is the official policy of the [[European Union]] and a number of non-EU nations to achieve global abolition of the death penalty. For this reason the EU is vocal in its criticism of the death penalty in the US and has submitted ''[[amicus curiae]]'' briefs in a number of important US court cases related to capital punishment.<ref>{{cite web|title=Abolition of the Death Penalty|publisher=The EU's Human rights & Democratisation Policy|url=http://ec.europa.eu/external_relations/human_rights/adp/index.htm|accessdate=2007-06-02}}</ref> The [[American Bar Association]] also sponsors a project aimed at abolishing the death penalty in the United States,<ref>{{cite web|url=http://www.abanet.org/moratorium/|title=Death Penalty Moratorium Implementation Project|publisher=The American Bar Association|accessdate=2008-01-25}}</ref> stating as among the reasons for their opposition that the US continues to execute minors and the mentally retarded, and fails to protect adequately the rights of the innocent.<ref>{{cite web|title=Why a moratorium?|publisher=American Bar Association (Death Penalty Moratorium Implementation Project)|url=http://www.abanet.org/moratorium/why.html|accessdate=2008-01-25}}</ref> Some opponents criticize the overrepresentation of blacks on death row as evidence of the unequal racial application of the death penalty. This over-representation is not limited to capital offenses, in 1992 although blacks account for 12% of the US population, about 34 percent of prison inmates were from this group.<ref name=Free1997>{{cite journal |title=The Impact of Federal Sentencing Reforms on African Americans |author=Free, Marvin D. Jr. |journa=Journal of Black Studies |volume=28 |issue=2 |date=November 1997 |pages=pp. 268–286 |accessdate=2007-05-31 |url=http://links.jstor.org/sici?sici=0021-9347(199711)28%3A2%3C268%3ATIOFSR%3E2.0.CO%3B2-F |issn=0021-9347 |month=Nov |year=1997}}</ref> In [[McCleskey v. Kemp]], it was alleged the capital sentencing process was administered in a racially discriminatory manner in violation of the [[Equal Protection Clause]] of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]]. In 2003, [[Amnesty International]] reported those who kill whites are more likely to be executed than those who kill blacks, citing of the 845 people executed since 1977, 80 percent were put to death for killing whites and 13 percent were executed for killing blacks, even though blacks and whites are murdered in almost equal numbers.<ref>{{cite news|title=Death Penalty Discrimination: Those Who Murder Whites Are More Likely To Be Executed|date=[[2003-04-24]]|publisher=Associated Press ([[CBS News]])|url=http://www.cbsnews.com/stories/2003/04/24/national/main550986.shtml|accessdate=2007-06-03}}</ref> === Prison system === {{see also|Prisons in the United States|Cutter v. Wilkinson}} The United States is seen by social critics, including international and domestic [[human rights]] groups and [[civil rights]] organizations, as a state that violates fundamental human rights, because of disproportionately heavy, in comparison with other countries, reliance on crime control, individual behavior control ([[civil liberties]]), and societal control of [[disadvantaged]] groups through a harsh police and [[criminal justice]] system. The U.S. penal system is implemented on the federal, and in particular on the state and local levels. This [[social policy]] has resulted in an extraordinary and unique in the world rate of incarceration, which hits Americans from the lowest [[social class in the United States|socioeconomic backgrounds]] and [[minority group|racial minorities]] the hardest. Some have criticized the United States for having an extremely large prison population, where there have been reported abuses.<ref>{{cite news|url=http://www.thenation.com/doc/20040105/tuhusdubrow|title=Prison Reform Talking Points|publisher=[[The Nation]]|date=[[2003-12-19]]|accessdate=2007-05-27|first=Rebecca|last=Tuhus-Dubrow}}</ref> As of 2004 the United States had the highest percentage of people in prison of any nation. There were more than 2.2 million in prisons or jails, or 737 per 100,000 population, or roughly 1 out of every 136 Americans.<ref>{{cite web|url=http://www.sentencingproject.org/pdfs/1035.pdf|title=Facts about Prisons and Prisoners|publisher=[[Sentencing Project|The Sentencing Project]]|date=December 2006|accessdate=2007-05-27|format=PDF}}</ref> "[[Human Rights Watch]] believes the extraordinary rate of incarceration in the United States wreaks havoc on individuals, families and communities, and saps the strength of the nation as a whole."<ref name=hrw20061201>{{cite web|author=Fellner, Jamie|title=US Addiction to Incarceration Puts 2.3 Million in Prison|publisher=Human Rights Watch|url=http://hrw.org/english/docs/2006/12/01/usdom14728.htm|accesesdate=2007-06-02}}</ref> Examples of mistreatment claimed include prisoners left naked and exposed in harsh weather or cold air;<ref name="UN"> Speech by [[Bonnie Kerness]], [[January 14]], [[2006]], before the United Nations Committee on the Elimination of Discrimination Against Women [http://www.greens.org/s-r/40/40-18.html]</ref> "routine" use of [[rubber bullet]]s<ref name="JLP">''Journal of Law & Policy'' Vol 22:145 - http://law.wustl.edu/Journal/22/p145Martin.pdf</ref> and [[pepper spray]];<ref name="JLP" /><ref name="UN" /> forced immersion in [[scald]]ing water causing second and third degree burns (one documented case);<ref name="JLP" /> [[solitary confinement]] of violent prisoners in [[sensory deprivation|soundproofed]] cells for 23 or 24 hours a day;<ref>[[Amnesty International]] Report 1998 [http://www.amnesty.org/ailib/aireport/ar98/amr51.htm]</ref><ref name="UN" /> and a range of injuries from serious injury to fatal gunshot wounds, with force at one California prison "often vastly disproportionate to the actual need or risk that prison staff faced."<ref name="JLP" /> Such behaviors are illegal, and "professional standards clearly limit staff use of force to that which is necessary to control prisoner disorder."<ref name="JLP" /> Human Rights Watch raised concerns with [[prisoner rape]] and medical care for inmates.<ref>{{cite web|url=http://hrw.org/english/docs/2005/02/28/usdom10223.htm |title=Inhumane Prison Conditions Still Threaten Life, Health of Alabama Inmates Living with HIV/AIDS, According to Court Filings |publisher=Human Rights Watch |accessdate=2006-06-13}}</ref> In a survey of 1,788 male inmates in Midwestern prisons by [[Prison Journal]], about 21% claimed they had been coerced or pressured into sexual activity during their incarceration and 7% claimed that they had been raped in their current facility.<ref>{{cite web| title=Sexual Coercion Rates in Seven Midwestern Prisons for Men| author=[[Cindy Struckman-Johnson]] & David Struckman-Johnson| publisher=The Prison Journal|date=2000 |url=http://www.spr.org/pdf/struckman.pdf}}</ref> Tolerance of serious [[sexual abuse]] and [[prison rape|rape in United States prisons]] are consistently reported as widespread.{{Fact|date=December 2007}}<!-- note ref name=AI does not exist at this time --> It has been fought against by organizations such as [[Stop Prisoner Rape]]. The United States has been criticized for having a high amount of non-violent and victim-less offenders incarcerated,<ref name=hrw20061201/><ref>{{cite book|first=Sasha|last=Abramsky|title=Hard Time Blues: How Politics Built a Prison Nation|publisher=Thomas Dunne Books|date=[[January 22]][[2002]]}}</ref><ref>{{cite book|title=No Price Too High: Victimless Crimes and the Ninth Amendment|publisher=Praeger Publishers|isbn=0275950565|last=Hardaway|first=Robert|date=[[October 30]] [[2003]]}}</ref> as half of all persons incarcerated under State jurisdiction are for non-violent offences and 20 percent are incarcerated for drug offences, mostly for possession of [[cannabis]].<ref>{{cite web|url=|title=Prisoners in 2005|publisher=[[United States Department of Justice]]: [[Office of Justice Programs]]|url=http://www.ojp.usdoj.gov/bjs/pub/pdf/p05.pdf|date=November 2006|accessdate=2007-06-03|type=PDF|format=PDF}}</ref><ref>{{cite web|url=http://www.cjcj.org/pubs/one_million/onemillionexec.html|title=America's One-Million Nonviolent Prisoners|publisher=Center on Juvenile and Criminal Justice|accessdate=2007-06-003}}</ref> The United States is the only country in the world allowing sentencing of young adolescents to life imprisonment without the possibility of parole. There are currently 73 Americans serving such sentences for crimes they committed at the age of 13 or 14. In December 2006 the [[United Nations]] took up a resolution calling for the abolition of this kind of punishment for children and young teenagers. 185 countries voted for the resolution and only the United States against.<ref>"Lifers as Teenagers, Now Seeking Second Chance", ''[[The New York Times]]'' October 17, 2007, by [[Adam Liptak]]</ref> === Police brutality === In a 1999 report, [[Amnesty International]] said it had "documented patterns of ill-treatment across the U.S., including police beatings, unjustified shootings and the use of dangerous restraint techniques."<ref>{{cite web |url=http://www.amnestyusa.org/document.php?id=133746465C2D34CA8025690000692D98 |title=Race, Rights and Police Brutality |date=1999 |publisher=[[Amnesty International]] USA |accessdate=2007-12-22}}</ref> According to a 1998 Human Rights Watch report, incidents of police use of excessive force had occurred in cities throughout the U.S., and this behavior goes largely unchecked.<ref>{{cite web |url=http://hrw.org/english/docs/1998/07/07/usdom1224.htm |title=Report Charges Police Abuse in U.S. Goes Unchecked |date=[[July 7]], [[1998]] |publisher=[[Human Rights Watch]] |accessdate=2007-12-22}}</ref> An article in USA Today reports that in 2006, 96% of cases referred to the U.S. Justice Department for prosecution by investigative agencies were declined. In 2005, 98% were declined.<ref>{{cite news |url=http://www.usatoday.com/news/nation/2007-12-17-Copmisconduct_N.htm |title=Police brutality cases on rise since 9/11 |publisher=USA Today |date=2007-12-17 |accessdate=2007-12-22}}</ref> In 2001, the ''New York Times'' reported that the U.S. government is unable or unwilling to collect statistics showing the precise number of people killed by the police or the prevalence of the use of excessive force.<ref>{{cite news |url=http://query.nytimes.com/gst/fullpage.html?res=9505E6DD1139F93AA15757C0A9679C8B63 |title=When the Police Shoot, Who's Counting? |publisher=The New York Times |date=2001-04-29 |accessdate=2007-12-22}}</ref> Since 1999, at least 148 people have died in the United States and Canada after being shocked with Tasers by police officers, according to a 2005 ACLU report.<ref>{{cite web |url=http://www.aclu.org/police/abuse/19977prs20051006.html |title=Unregulated Use of Taser Stun Guns Threatens Lives, ACLU of Northern California Study Finds |publisher=[[ACLU]] |date=[[October 6]], [[2005]] |accessdate=2007-12-22}}</ref> === Health care === {{see also|Health care in the United States}} The [[Universal Declaration of Human Rights]], adopted by the [[United Nations]] in 1948, states that “everyone has the right to a standard of living adequate for the health and well-being of oneself and one’s family, including food, clothing, housing, and medical care.”<ref>{{cite web|url=http://www.nhchc.org/humanright.html|title=Human Rights, Homelessness and Health Care|author=National Health Care for the Homeless Council}}</ref> In addition, the ''Principles of Medical Ethics'' of the American Medical Association require medical doctors to respect the human rights of the patient, including that of providing medical treatment when it is needed.<ref>{{cite web|url=http://www.ama-assn.org/ama/pub/category/2512.html|title=Principles of medical ethics|author=American Medial Association}}</ref> Influential figures, such as [[Pope John Paul II]], have stated denying access to afforable health care is a violation of the right to life.<ref>{{cite book|first=John|last=Paul II|authorlink=Pope John Paul II|date=[[1981-10-01]]|isbn=819833487|publisher=Pauline Books & Media|title=On Human Work: Laborem Exercens}}</ref> Americans' rights in health care are regulated by the [[US Patients' Bill of Rights]]. Unlike most other industrialized nations, the United States does not offer most of its citizens subsidized health care. The United States [[Medicaid]] program provides subsidized coverage to some categories of individuals and families with low incomes and resources, including children, pregnant women, and people with disabilities. However, "the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups."<ref>[http://www.cms.hhs.gov/MedicaidGenInfo/ Overview - What is Not Covered], U.S. Department of Health & Human Services</ref> Nonetheless, some states offer subsidized health insurance to broader populations. Coverage is subsidized for persons age 65 and over, or who meet other special criteria through [[Medicare (United States)|Medicare]], and the [[Emergency Medical Treatment and Active Labor Act]] of 1986 mandates that no person may ever be denied emergency services regardless of ability to pay, citizenship, or immigration status.<ref>[http://www.cms.hhs.gov/EMTALA/ Centers for Medicare & Medicaid Services: Emergency Medical Treatment & Labor Act]</ref> Nevertheless, according to a March 2007 poll by CBS News and the New York Times, 81 percent of Americans are dissatisfied with the cost of health care.<ref>{{cite web|url=http://www.cbsnews.com/htdocs/CBSNews_polls/health_care.pdf|title=U.S. Health care politics|publisher=CBS News/[[New York Times]]|date=[[2007-05-01]]|accessdate=2007-05-28|format=PDF}}</ref> 46.6 million Americans, or 15.9 percent, were without health insurance coverage in 2005.<ref>{{cite web|url=http://www.cbpp.org/8-29-06health.htm|title=The number of uninsured Americans is at an all-time high|publisher=[[Center on Budget and Policy Priorities|CBPP]]|date=[[2006-08-29]]|accessdate=2007-05-28}}</ref> Moreover, the Emergency Medical Treatment and Labor Act has been criticized by the [[American College of Emergency Physicians]] as an unfunded mandate.<ref>[http://www.acep.org/patients.aspx?id=25936 American College of Emergency Physicians Fact Sheet: EMTALA] accessed 2007-11-01</ref><ref>{{cite journal |last=Rowes |first=Jeffrey |year=2000 |month= |title=EMTALA: OIG/HCFA Special Advisory Bulletin Clarifies EMTALA, American College of Emergency Physicians Criticizes It |journal=Journal of Law, Medicine & Ethics |volume=28 |issue=1 |pages=9092 |id= |url=http://www.aslme.org/news/jlme/28.1e.html |accessdate= 2008-01-02}}</ref> ==== Universal health care debate ==== The level of government involvement in providing, ensuring, and enforcing the right to adequate health care is a topic of longstanding political debate. Indeed, as Peter Lawson indicates in his chapter of the [[Case Western University]] textbook ''Public Health Management & Policy'', {{cquote|Various experts and pundits have weighed in on the debate surrounding calls for a national health care system precisely because this issue forces one to consider some of the most intrinsically difficult questions within the political and economic philosophy of the United States: the role of the state in private life, the appropriate position of the government vis a vis the market, and rights of individuals within a capitalist marketplace.<ref name="lawson">{{cite book|author=Peter Lawson|title=Public Health Management &amp; Policy|chapter=National Health Care in the United States: Exploring the Options and Possibilities|url=http://www.case.edu/med/epidbio/mphp439/National_Health_Care.htm|year=2007|edition=8th edition|accessdate=2008-01-26}}</ref>}} Historically, several Democratic Presidents ([[Franklin Delano Roosevelt]], [[Harry Truman]], [[Jimmy Carter]], [[Bill Clinton]]) and legislators have attempted to institute [[universal health care|universal coverage]], as well as Republican Presidents [[Richard Nixon]] and [[Gerald Ford]]. Health care itself is a human right, as defined in the Universal Declaration on Human Rights and the [[Fourteenth Amendment to the United States Constitution]].<ref>J.M. Burns, J.W. Peltason, Thomas E. Cronin, and D.B. Magleby. Government By The People. ISBN 0-13-301292-1. 1995. p. 162.</ref> There is vigorous debate if universal health care would improve or would reduce the quality of health care. If improved, this would enhance the right to health care. If degraded, then universal health care would correspondingly degrade this right. The Center for Economic and Social Rights, an international human rights advocacy group, calls for health care reforms in the US to reflect the "right to health," and that the current US health care system "falls short of international standards for the right to health."<ref name="cesr">{{cite web|url=http://cesr.org/ushealthright|year=2004|title=The Right to Health in the United States of America: What Does it Mean?|author=Center for Economic and Social Rights}}</ref> The center argues that, in order to uphold the right to health care in the United States, "Health care must be universally available and accessible," and that it should be "affordable to all, irrespective of race, gender, religion, geography, and income." Alicia Ely Yamin, a human rights attorney at the [[Harvard School of Public Health]], has advocated universal health care in the [[American Journal of Public Health]], also citing the pragmatic reason that the US government is failing, she claims, to enforce and uphold nominally extant health care rights.<ref>{{cite journal|url=http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1449334#r38|title=The Right to Health Under International Law and Its Relevance to the United States|author=Alicia Ely Yamin|journal=Am J Public Health|year=2005|month=July|volume=95|issue=7|pages=1156–1161|doi=10.2105/AJPH.2004.055111|pmid=15933233}}</ref> She cites the disparities in quality of health care depending on factors such as race, nationality, and income in calling for the federal government to step in and enforce a more equitable system. The United States spends more on health care than does any other nation as a percentage of GDP.<ref name="lawson" /> One textbook suggests that because costs are so high and are increasing; that the real problem is that the system is too good, and not everyone can afford increasingly expensive medical care, and so the real challenge might be to find any method that can afford the increasing medical expenditures.<ref>J.M. Burns, J.W. Peltason, Thomas E. Cronin, and D.B. Magleby. Government By The People. ISBN 0-13-301292-1. 1995. p. 511</ref> However, the [[World Health Organization]] in 2000 ranked the U.S. health care system 37th in overall performance and 72nd by overall level of health (among 191 member nations included in the study).<ref>[http://www.photius.com/rankings/who_world_health_ranks.html World Health Organization assess the world's health system]. Press Release WHO/44 [[21 June]] [[2000]].</ref><ref>[http://www.who.int/whr/2000/en/annex01_en.pdf Health system attainment and performance in all Member States, ranked by eight measures, estimates for 1997]</ref> Similarly, a study by [[The Commonwealth Fund]] showed that, despite the comparatively large expenditure of public money on health care, the United States health system consistently underperforms in most performance indicators.<ref>{{cite web|url=http://www.commonwealthfund.org/publications/publications_show.htm?doc_id=482678|author=K. Davis, C. Schoen, S. C. Schoenbaum, M. M. Doty, A. L. Holmgren, J. L. Kriss, and K. K. Shea|title=Mirror, Mirror on the Wall: An International Update on the Comparative Performance of American Health Care|publisher=[[The Commonwealth Fund]]|date=May 2007|accessdate=2008-02-01}}</ref> Similar results have been attested by [[Arnold S. Relman]], who has argued that among the reasons for the lower returns on public health money in the US is that the current system of private insurers is less efficient than a single state-administered insurance system such as Medicaide.<ref>{{cite book|author=Arnold S. Relman|title=A Second Opinion: Rescuing America's Health Care|year=2007|isbn=978-1586484811}}</ref> Other voices have also weighed in on the other side of the debate. For instance, [[Michael J. Hurd]] argues in ''The Washington Times'': {{cquote|Health care is not a right -- no matter how often you hear otherwise. Health care is the consequence of heroic efforts on the part of individual doctors, who have every right to charge what the market permits. If we take away the right of medical professionals to set their own fees, we will undermine their independence and chase the best ones into early retirement.<ref>{{cite news|author=Hurd, M.|title=Rhetoric Notwithstanding, Health Care Is Not A Right|publisher=The Washington Times|date=[[April 6]], [[1993]]|url=http://www.drhurd.com/medialink/health-care-not-a-right.html}}</ref>}} In 1994, [[First Lady of the United States|First Lady]] [[Hillary Rodham Clinton]] attempted to implement [[1993 Clinton health care plan|a universal-care plan]] without a [[Single-payer health care|single-payer system]]. According to Hillary Clinton biographer [[Joyce Milton]], this plan called for moving most Americans to HMOs and "strictly ration access to high-tech treatments, especially for the very ill and the elderly", cutting 124 billion from [[Medicare (United States)|Medicare]] and, Milton argues, would have restricted access to pharmaceuticals that were too expensive.<ref>Joyce Milton. 1999. First Partner. ISBN-0-688-15501-4. p. 277.</ref> Congress defeated the measure, and the Democrats were defeated in the 1994 midterm election which [[Newsweek]] described as a referendum on the big-government associated with the Clinton plan.<ref>Thomas, Evan. [http://www.msnbc.msn.com/id/15674090/site/newsweek "Decline and Fall"], ''Newsweek''. [[2006-11-20]]).</ref> ===Hurricane Katrina=== ''See main article [[Criticism of government response to Hurricane Katrina]]'' In 2005 the [[Gulf Coast]] of the United States was devastated by [[Hurricane Katrina]]. The city of [[New Orleans]], which was built below sea level, and which includes many inhabitants who could not afford cars with which to evacuate the city during the storm, was particularly badly hit. The government response to the disaster was perceived as being very slow; thousands of people were stranded at the [[New Orleans Convention Center]] for four days without food and water. Furthermore, the government was accused of overreacting to the looting which followed the storm; soldiers facing looters (many of whom were merely looking for food and water) were ordered to "shoot to kill." Some allege that these problems reflected racial prejudice; most of those trapped in New Orleans were [[African-American]]. ==International human rights== === Support for human rights === The [[U.S. Department of State]] publishes a yearly report "Supporting Human Rights and Democracy: The U.S. Record" in compliance with a 2002 law which requires the Department to report on actions taken by the U.S. Government to encourage respect for human rights.<ref name=StateDeptUSRecord>{{cite web|url=http://www.state.gov/g/drl/rls/shrd//|accessdate=2007-06-22|title=Supporting Human Rights and Democracy: The U.S. Record|publisher=[[United States Department of State]]: [[Bureau of Democracy, Human Rights, and Labor]]}}</ref> It also publishes a yearly "Country Reports on Human Rights Practices.".<ref name=StateDept>{{cite web|url=http://www.state.gov/g/drl/rls/hrrpt/|accessdate=2007-05-28|title=Human Rights|publisher=[[United States Department of State]]: Bureau of Democracy, Human Rights, and Labor}}</ref> In 2006 the United States created a "Human Rights Defenders Fund" and "Freedom Awards."<ref>{{cite web|url=http://www.state.gov/g/drl/hr/c20063.htm|accessdate=2007-05-28|title=International Human Rights Week|publisher=[[United States Department of State]]: Bureau of Democracy, Human Rights, and Labor}}</ref> The "Ambassadorial Roundtable Series", created in 2006, are informal discussions between newly-confirmed U.S. [[Ambassador]]s and human rights and democracy non-governmental organizations.<ref>{{Cite web|url=http://www.state.gov/g/drl/hr/c18970.htm|title=Ambassadorial Roundtable Series|publisher=[[United States Department of State]]: Bureau of Democracy, Human Rights, and Labor|accessdate=2007-05-28}}</ref> The United States also support democracy and human rights through several other tools.<ref>{{Cite web|url=http://www.state.gov/g/drl/|title=Bureau of Democracy, Human Rights, and Labor|publisher=[[United States Department of State]]: Bureau of Democracy, Human Rights, and Labor|accessdate=2007-06-22}}</ref> The "Human Rights and Democracy Achievement Award" recognizes the exceptional achievement of officers of foreign affairs agencies posted abroad. *In 2006 the award went to Joshua Morris of the embassy in Mauritania who recognized necessary democracy and human rights improvements in Mauritania and made democracy promotion one of his primary responsibilities. He persuaded the Government of Mauritania to re-open voter registration lists to an additional 85,000 citizens, which includes a significant number of Afro-Mauritanian minority individuals. He also organized and managed the largest youth-focused democracy project in Mauritania in 5 years. *Nathaniel Jensen of the embassy in Vietnam was runner-up. He successfully advanced the human rights agenda on several fronts, including organizing the resumption of a bilateral Human Rights Dialogue, pushing for the release of Vietnam’s prisoners of concern, and dedicating himself to improving religion freedom in northern Vietnam.<ref>{{Cite web|url=http://www.state.gov/g/drl/|title=2006 Human Rights and Democracy Achievement Award|publisher=[[United States Department of State]]: Bureau of Democracy, Human Rights, and Labor|accessdate=2007-06-22}}</ref> === Human rights treaties ratified === {{unbalanced}} The U.S. has signed and ratified the following human rights treaties: * [[International Covenant on Civil and Political Rights]] (ICCPR) * [[Optional protocol on the involvement of children in armed conflict]] * [[International Convention on the Elimination of All Forms of Racial Discrimination]] * [[United Nations Convention Against Torture|Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]] * [[Protocol relating to the Status of Refugees]]<ref>http://thereport.amnesty.org/document/2</ref> * [[Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography]]<ref>http://www.unhchr.ch/tbs/doc.nsf/newhvstatbytreaty?OpenView</ref> Non-binding treaties voted for: * [[Universal Declaration of Human Rights]]<ref>[http://www.unhchr.ch/udhr/miscinfo/carta.htm DPI Press Kit]</ref> === Human rights treaties not signed or signed but not ratified === {{unbalanced}} Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty.<ref>Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986 Article 18. [http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_2_1986.pdf][http://untreaty.un.org/English/guide.asp]</ref> As well as the [[International Covenant on Economic, Social and Cultural Rights]] and the [[Rome Statute]] of the [[International Criminal Court]] the U.S. has not ratified the following international human rights treaties:<ref>http://thereport.amnesty.org/document/2</ref> * (first) [[Optional Protocol to the International Covenant on Civil and Political Rights]] (ICCPR) * [[Second Optional Protocol to the ICCPR]], aiming at the abolition of the death penalty * [[Optional Protocol to CEDAW]] * [[Optional Protocol to the Convention against Torture]] * [[Convention relating to the Status of Refugees]] (1951) * [[Convention relating to the Status of Stateless Persons]] (1954) * [[Convention on the Reduction of Statelessness]] (1961) * [[International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families]] The US has signed but not ratified the following treaties: * [[Convention on the Elimination of All Forms of Discrimination against Women]] (CEDAW) (signed but not ratified) * [[Convention on the Rights of the Child]] (CRC) (signed but not ratified) Non-binding treaties voted against: * [[Declaration on the Rights of Indigenous Peoples]] in September 2007.<ref>[http://www.iwgia.org/sw248.asp]</ref> === The U.S. and the International Bill of Rights === {{unbalanced}} The [[International Covenant on Civil and Political Rights]] (ICCPR) and the [[International Covenant on Economic, Social and Cultural Rights]] (ICESCR) are the legal treaties that enshrine the rights which are outlined in the [[Universal Declaration of Human Rights]]. Together they constitute the [[International Bill of Rights]]<ref>[http://www.ohchr.org/english/countries/ratification/ OHCHR Ratifications]</ref><ref>[http://www.unhchr.ch/html/menu6/2/fs2.htm UN OHCHR Fact Sheet No.2 (Rev.1), The International Bill of Human Rights]</ref> The US has not ratified the ICESCR. It has been opposed by groups seeing it as obligating the introduction of in the US controversial policies such as [[universal health care]].[http://www.heritage.org/Research/PoliticalPhilosophy/EM361.cfm?renderforprint=1] The US's ratification of the [[ICCPR]] was done with five [[Reservation (law)|reservations]] – or limits – on the treaty. Among these is the rejection of sections of the treaty which prohibit [[capital punishment]].<ref>[http://www2.ohchr.org/english/bodies/ratification/docs/DeclarationsReservationsICCPR.pdf OHCHR Reservations and declatarations on ratificatons]</ref><ref>http://www.twnside.org.sg/title/1893-cn.htm</ref> === The U.S. and the International Criminal Court === :''For more information see [[United States and the International Criminal Court]].'' The U.S. has not ratified the [[Rome Statute]] of the [[International Criminal Court]] which was created for prosecuting individuals for [[genocide]], [[crimes against humanity]], [[war crimes]], and the [[crime of aggression]], with nations that accept its jurisdiction - or when the UN [[Security Council]] orders jurisdiction involuntarily. The primary international legal tribunal for such matters is the UN Security Council which may also address the crime of aggression. The US has actively attempted to undermine the court, encouraging smaller nations around the world to sign "bilateral immunity agreements" prohibiting the surrender of US personnel before the [[ICC]].<ref>[http://www.iccnow.org/?mod=bia Coalition for the ICC]</ref> The US Congress also passed a law, [[American Service-Members' Protection Act]] (ASPA), known by critics as "The Hague Invasion Act" authorizing the use of military force to free any US personnel that are brought before the court.<ref>Human Rights Watch, “[http://www.hrw.org/press/2002/08/aspa080302.htm U.S.: 'Hague Invasion Act' Becomes Law]”. 3 August 2002. Accessed 8 January 2007.</ref><ref>John Sutherland, “[http://www.guardian.co.uk/Archive/Article/0,4273,4456801,00.html Who are America's real enemies?]”. ''The Guardian'', 8 July 2002. Accessed 8 January 2007.</ref> The US have stated many objections to the treaty, the first being that despite "most atrocities are committed internally and most internal conflicts are between warring parties of the same nationality, the worst offenders of international humanitarian law can choose never to join the treaty and be fully insulated from its reach absent a Security Council referral. Yet multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the court's jurisdiction even if the country of the individual peacekeeper has not joined the treaty."<ref>[http://www.state.gov/www/policy_remarks/1998/980723_scheffer_icc.html 98/07/23 Amb. Scheffer on international criminal court]</ref> "U.S. military forces and civilian personnel and private citizens are currently active in peacekeeping and humanitarian missions in almost 100 countries at any given time." In the bilaterial treaties,"the United States makes clear its intention to bring to justice those who commit genocide, crimes against humanity and war crimes." The US State department has issued the following statement: :"Subjecting U.S. persons to this treaty, with its unaccountable Prosecutor and its unchecked judicial power, is clearly inconsistent with American standards of constitutionalism. This is a macro-constitutional issue for us, not simply a narrow, technical point of law. Our concerns about politically motivated charges against U.S. persons are not just hypothetical. Recently in Belgium, allegations of war crimes were brought against the President, the Vice President, the Secretaries of State and Defense, and former President Bush under that country’s notorious and far-reaching universal competence statute. That problem was brought closer to home when senior Belgian officials themselves were charged under the statute, and the law was subsequently amended to limit its scope. Without sufficient protection against such frivolous charges, responsible officials may be deterred from carrying out a wide range of legitimate functions across the spectrum, from actions integral to our national defense to peacekeeping missions or interventions in humanitarian crises or civil wars, such as in Liberia. Simply launching criminal investigations has an enormous political impact. Although subsequent indictments and convictions are unquestionably more serious, a zealous independent Prosecutor can make dramatic news just by calling witnesses and gathering documents, without ever bringing formal charges."<ref>[http://www.state.gov/t/us/rm/25818.htm American Justice and the International Criminal Court]</ref> ===The U.S. and the Inter-American human rights system=== The US is a signatory to the 1948 [[American Declaration of the Rights and Duties of Man]] and has signed but not ratified the 1969 [[American Convention on Human Rights]]. It does not accept the adjudicatory jurisdiction of the [[Costa Rica]]-based [[Inter-American Court of Human Rights]].<ref>[http://www.cidh.org/Basicos/English/Basic4.Amer.Conv.Ratif.htm Basic Documents - Ratifications of the Convention<!-- Bot generated title -->]</ref><ref>[http://www.state.gov/p/wha/rls/fs/2007/85564.htm Organization of American States<!-- Bot generated title -->]</ref> The US has not ratified any of the other regional human rights treaties of the [[Organization of American States]],<ref>http://thereport.amnesty.org/document/2</ref> which include: * [[Protocol to the American Convention on Human Rights to Abolish the Death Penalty]] (1990) * [[Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights]] * [[Inter-American Convention to Prevent and Punish Torture]] (1985) * [[Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women]] (1994) * [[Inter-American Convention on Forced Disappearance of Persons]] (1994) * [[Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities]] === Coverage of international human rights violations in the media === Studies have found that the ''New York Times'' coverage of worldwide human rights violations is biased, predominantly focusing on the human rights violations in nations where there is clear U.S. involvement, while having relatively little coverage of the human rights violations in other nations.<ref>{{cite journal|journal=The Harvard International Journal of Press|url=http://muse.jhu.edu/login?uri=/journals/harvard_international_journal_of_press_politics/v004/4.4caliendo.html|title=All the News That's Fit to Print? New York Times Coverage of Human-Rights Violations|volume=Vol. 4|issue=Number 4, Fall 1999|pages=48–69|coauthors=Caliendo, Stephen; Gibney, Mark; Tables, Angela|accessdate=2007-05-28}}</ref><ref>{{cite web|url=http://www.allacademic.com/meta/p152798_index.html|title=Paper presented at the annual meeting of the American Political Science Association|publisher=[http://www.allacademic.com/ All Academic, Inc]|coauthors=Caliendo, Stephen and Gibney, Mark|accessdate=2007-05-28|date=[[2006-08-31]]}}</ref> [[Amnesty International]]'s Secretary General [[Irene Khan]] explains, "If we focus on the U.S. it's because we believe that the U.S. is a country whose enormous influence and power has to be used constructively ... When countries like the U.S. are seen to undermine or ignore human rights, it sends a very powerful message to others."<ref name=boston /> === Alleged violations of national sovereignty === {{see also|CIA sponsored regime change|Allegations of state terrorism by the United States}} The [[Iran-Contra Affair]] was a highly publicized [[Political scandals of the United States|political scandal]], in which the United States helped illegally sell arms to [[Iran]] to finance the rebel [[Contras]] guerrillas, a group implicated in serious human rights violations, in their war against the Nicaraguan government.<ref>{{cite web|url=http://www.hrw.org/reports/1989/WR89/Nicaragu.htm|title=Nicaragua|accessddate=2007-06-03|publisher=Human Rights Watch}}</ref> The case of [[Nicaragua v. United States]] was heard by the [[International Court of Justice]] and the court found that the US had violated [[international law]] by supporting guerrillas and by direct action of U.S. personnel, such as laying mines in Nicaragua's harbors and sabotage. The support for the Contras violated the obligation not to intervene in the affairs of another State. The U.S. had also encouraged human rights violations by disseminating the manual "[[Psychological Operations in Guerrilla Warfare]]", but had too little control over the Contras for such violations to be imputable to the U.S.<ref name = "icj"> {{cite web |title =International Court of Justice Year 1986, [[27 June]] [[1986]], General list No. 70, paragraphs 251, 252, 157, 158, 233. |work =International Court of Justice |url =http://www.gwu.edu/~jaysmith/nicus3.html |accessdate=2006-07-30 }} [http://www.icj-cij.org/icjwww/icases/inus/inus_ijudgment/inus_ijudgment_19860627.pdf Large PDF file from the ICJ website]</ref> The United States disagreed that the court had jurisdiction or power over its actions and was not bound by its ruling.<ref>{{cite web|publisher=[http://www.thirdworldtraveler.com/ Third World Traveler]|url=http://www.thirdworldtraveler.com/Blum/Nicaragua_KH.html|title=Nicaragua 1981-1990, excerpted from the book Killing Hope|author=Blum, William}}</ref><ref>{{cite web|url=http://www.gwu.edu/~jaysmith/nicus3.html|title=Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J. Reports 1986, p. 14.|publisher=[[International Court of Justice]] (published on [[National Security Archive]]|date=1986|accessdate=2007-05-25}}</ref> The CIA claimed that the purpose of the manual was to "moderate" activities already being done by the Contras.<ref name = "middle"> {{cite web |title =International Law PSCI 0236 > International Law PSCI 0236 > Introduction |work =middlebury.edu |url =https://segue.middlebury.edu/index.php?action=site&site=psci0236a-f06 |accessdate=2006-09-05 }} </ref> The UN [[Security Council]] had the authority to enforce this court decision that the court lacked, and it elected not to do so. === Treatment of captured non-citizens === {{See also|Torture and the United States|CIA prison system}} [[Image:Abu Ghraib 53.jpg|thumb|right|200px|[[Lynndie England]] and [[Charles Graner]] of the [[United States Army]] posing with prisoners ordered to form a human pyramid in [[Abu Ghraib prison|Abu Ghraib]].]] International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances.<ref>{{cite web|title=Human Rights Watch: Summary of International and U.S. Law Prohibiting Torture and Other Ill-treatment of Persons in Custody|date=[[May 24]], [[2004]]|url=http://www.hrw.org/english/docs/2004/05/24/usint8614.htm|accessdate=2007-05-27}}</ref> However, the United States Government has categorized a large number of people as [[unlawful combatants]], a United States classification, which denies the privileges of [[prisoner of war]] (POW) designation of the [[Geneva Conventions]].<ref name=ICRC-210705>[[ICRC]] official statement: ''[http://www.icrc.org/web/eng/siteeng0.nsf/html/terrorism-ihl-210705 The relevance of IHL in the context of terrorism]'', [[21 July]] [[2005]]</ref> Once a combatant is found by a competent tribunal to be an unlawful combatant, he or she no longer has the rights and privileges accorded to POW.<ref>{{cite web|url=http://www.hrw.org/backgrounder/usa/pow-bck.htm|date=[[2002-02-29]]|publisher=Human Rights Watch|accessdate=2007-05-29|title=Background Paper on Geneva Conventions and Persons Held by U.S. Forces}}</ref> Certain practices of the [[United States military]] and [[Central Intelligence Agency]] have been condemned domestically and internationally as torture.<ref>{{cite news|url=http://abcnews.go.com/WNT/Investigation/story?id=1322866|title=CIA's Harsh Interrogation Techniques Described|date=[[2005-11-18]]|accessdate=2007-05-27|coauthors=Ross, Brain and Eposito, Richard}}</ref> A fierce debate regarding non-standard interrogation techniques<ref>"Non-standard interrogation techniques" are alleged to have at times included:<br />Extended forced maintenance of "[[stress position]]s" such as standing or squatting; psychological tricks and "mind games"; [[sensory deprivation]]; exposure to loud music and noises; extended exposure to flashing lights; prolonged solitary confinement; denigration of religion; withholding of food, drink, or medical care; withholding of hygienic care or toilet facilities; prolonged hooding; forced injections of unknown substances; sleep deprivation; magneto-cranial stimulation resulting in mental confusion; threats of bodily harm; threats of rendition to torture-friendly states or Guantánamo; threats of rape or sodomy; threats of harm to family members; threats of imminent execution; prolonged constraint in contorted positions (including [[strappado]], or "Palestinian hanging"); facial smearing of real or simulated feces, urine, menstrual blood, or semen; sexual humiliation; beatings, often requiring surgery or resulting in permanent physical or mental disability; release or threat of release to attack dogs, both muzzled or un-muzzled; near-suffocation or asphyxiation via multiple detainment hoods, plastic bags, water-soaked towels or blankets, duct tape, or ligatures; gassing and chemical spraying resulting in unconsciousness; confinement in small chambers too small to fully stand or recline; underwater immersion just short of drowning (i.e. [[dunking]]); and extended exposure to extreme temperatures below freezing or above 120 °F (48 °C).</ref> exists within the US civilian and military intelligence community, with no general consensus as to what practices under what conditions are acceptable. Abuse of prisoners is considered a crime in the United States [[Uniform Code of Military Justice]]. According to a January 2006 [[Human Rights First]] report, there were 45 suspected or confirmed homicides while in US custody in Iraq and Afghanistan; "Certainly 8, as many as 12, people were tortured to death."<ref>{{cite web|url=http://www.humanrightsfirst.org/media/2006_alerts/etn_0222_dic.htm|title=Human Rights First Releases First Comprehensive Report on Detainee Deaths in U.S. Custody|publisher=[[Human Rights First]]|date=[[2006-02-22]]|accessdate=2007-05-28}}</ref> In 2004, photos showing humiliation and abuse of prisoners leaked from [[Abu Ghraib prison]], causing a political and media scandal in the US. Forced humiliation of the detainees included, but is not limited to nudity, rape, human piling of nude detainees, masturbation, eating food out of toilets, crawling on hand and knees while American soldiers were sitting on their back sometimes requiring them to bark like dogs, and hooking up electrical wires to fingers, toes, and penis.<ref name=AbuGhraibAbuse>{{cite news|last=Higham|first=Scott|coauthors=Stephens, Joe|pages=A01|date=[[2004-05-21]]|accessdate=2007-06-23|title=New Details of Prison Abuse Emerge|publisher=Washington Post|url=http://www.washingtonpost.com/wp-dyn/articles/A43783-2004May20.html}}</ref> In addition to the acts of humiliation, there were more violent claims, such as American soldiers sodomizing detainees (including an event involving an underage boy), an incident where a phosphoric light was broken and the chemicals poured on a detainee, repeated beatings, and threats of death.<ref name=AbuGhraibAbuse/> Six military personnel were charged with prisoner abuse in the [[Abu Ghraib torture and prisoner abuse]]. The harshest sentence was handed out to [[Charles Graner]], who received a 10 year sentence to be served in a military prison; the other offenders received relatively light sentences.<ref>{{Cite web|url=http://abcnews.go.com/International/popup?id=140764|publisher=[[ABC News]]|accessdate=2007-05-28|title=Prisoner Abuse: The Accused}}</ref> === Guantánamo Bay === The United States maintains a detention center at its military base at [[Guantánamo Bay]], Cuba and its executive branch controversially asserts that prisoners held there are not subject to constitutional protections. Prisoners there generally do not receive trials and detention is indefinite. The US argues that even if detainees were entitled to POW status, they would not have the right to lawyers, access to the courts to challenge their detention, or the opportunity to be released prior to the end of hostilities and that nothing in the Third Geneva Convention provides POWs such rights, and POWs in past wars have generally not been given these rights.<ref>{{Cite web|url=http://www.defenselink.mil/news/Jul2007/Legal%20basis%20Guantanamo%20Detainees%20OGC%20FINAL.pdf|publisher=[[White House]]|accessdate=2007-11-17|title=Guantanamo Detainees Info Sheet #1 – November 14, 2005}}</ref> However, no-one has ever previously declared war on an abstract concept (''terror''), and it is questionable whether the Geneva Conventions apply in this case. The legal and political status of this policy is evolving. A delegation of [[UN Special Rapporteur]]s to [[Guantanamo Bay detention camp|Guantanamo Bay]] reported that interrogation techniques used in the detention center amount to degrading treatment in violation of the ICCPR and the [[Convention Against Torture]].<ref>[http://daccessdds.un.org/doc/UNDOC/GEN/G06/112/76/PDF/G0611276.pdf?OpenElement ECONOMIC, SOCIAL AND CULTURAL RIGHTS CIVIL AND POLITICAL RIGHTS Situation of detainees at Guantánamo Bay Report of the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Leila Zerrougui; the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; the Special Rapporteur on freedom of religion or belief, Asma Jahangir; and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt]</ref> In 2005 [[Amnesty International]] expressed alarm at the erosion in civil liberties since the 9/11 attacks. According to Amnesty International: :The Guantánamo Bay detention camp has become a symbol of the United States administration’s refusal to put human rights and the rule of law at the heart of its response to the atrocities of [[11 September]] [[2001]]. It has become synonymous with the United States executive’s pursuit of unfettered power, and has become firmly associated with the systematic denial of human dignity and resort to cruel, inhuman or degrading treatment that has marked the USA’s detentions and interrogations in the "war on terror".<ref>{{cite web|url=http://web.amnesty.org/library/Index/ENGAMR510632005|title=Guantánamo and beyond: The continuing pursuit of unchecked executive power|publisher=Amnesty International|date=[[2005-05-13]]|accessdate=2007-05-29}}</ref> Amnesty International also condemned the Guantánamo facility as "the [[gulag]] of our times", which raised heated conversation in the United States. The purported legal status of "''unlawful combatants''" in those nations currently holding detainees under that name has been the subject of criticism by other nations and international human rights institutions including Human Rights Watch and the [[International Committee of the Red Cross]]. The ICRC, in response to the US-led military campaign in Afghanistan, published a paper on the subject [http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/5LPHBV/%24File/irrc_849_Dorman.pdf The legal situation of unlawful/unprivileged combatants (IRRC March 2003 Vol.85 No 849)]. See [[Unlawful combatant]]. HRW cites two sergeants and a captain accusing U.S. troops of torturing prisoners in Iraq and Afghanistan.<ref>{{cite web|url=http://www.hrw.org/english/docs/2005/09/25/usint11776.htm|publisher=Human Rights Watch|date=[[2005-09-24]]|accessdate=2007-05-29|title=New Account of Torture by U.S. Tropps, Soldiers Say Failures by Command Led to Abuse}}</ref> ==== Extraordinary rendition ==== {{See also|Extraordinary rendition}} United States citizens and foreign nationals are occasionally captured (and at times claimed to be [[abduction|abducted]]) outside of the United States and transferred to secret US administered detention facilities, sometimes being held incommunicado for periods of months or years, a process known as [[extraordinary rendition]]. According to ''[[The New Yorker]]'', "The most common destinations for rendered suspects are [[Egypt]], [[Morocco]], [[Syria]], and Jordan, all of which have been cited for human-rights violations by the State Department, and are known to torture suspects."<ref name=NewYorker>{{cite news|first=Jane|last=Mayer|date=[[2005-02-14]]|accessdate=2007-05-29|title=Outsourcing Torture|publisher=[[The New Yorker]]|url=http://www.newyorker.com/archive/2005/02/14/050214fa_fact6?currentPage=2}}</ref> There are also allegations that persons categorized as prisoners of war have been tortured, abused or humiliated; or otherwise have had their rights afforded by the Geneva Convention violated.{{Fact|date=May 2007}} ===== Notable cases ===== In November 2001, [[Yaser Esam Hamdi]], a U.S. citizen, was captured by [[Afghan Northern Alliance]] forces in [[Konduz]], [[Afghanistan]], amongst hundreds of surrendering [[Taliban]] fighters and was transferred into U.S. custody. The U.S. government alleged that Hamdi was there fighting for the Taliban, while Hamdi, through his father, has claimed that he was merely there as a relief worker and was mistakenly captured. Hamdi was transferred into CIA custody and transferred to the [[Guantanamo Bay Naval Base]], but when it was discovered that he was a U.S. citizen, he was transferred to naval brig in [[Norfolk, Virginia|Norfolk]], [[Virginia]] and then he was transferred brig in [[Charleston, South Carolina|Charleston]], [[South Carolina]]. The [[George W. Bush|Bush Administration]] identified him as an [[unlawful combatant]] and denied him access to an attorney or the court system, despite his [[Fifth Amendment to the United States Constitution|Fifth Amendment]] right to [[due process]]. In 2002 Hamdi's father filed a ''[[habeas corpus]]'' petition, the Judge ruled in Hamdi's favor and required he be allowed a public defender; however, on appeal the decision was reversed. In 2004, in the case of [[Hamdi v. Rumsfeld]] the U.S. Supreme court reversed the dismissal of a ''habeas corpus'' petition and ruled detainees who are U.S. citizens must have the ability to challenge their detention before an impartial judge. In December 2004, [[Khalid El-Masri]], a [[Germany|German]] citizen, was apprehended by [[Republic of Macedonia|Macedonian]] authorities when traveling to [[Skopje]] because his name was similar to [[Khalid al-Masri]], an alleged metor to the al-Qaeda [[Hamburg cell]]. After being held in a motel in Macedonia for over three weeks he was transferred to the CIA and [[extraordinary rendition|extradited]] to Afghanistan. While held in Afghanistan, El-Masri claims he was sodomized, beaten, and repeatedly interrorgated about alleged terrorist ties.<ref>{{cite web|url=http://www.washingtonpost.com/wp-dyn/content/article/2006/05/18/AR2006051802107.html|title=Lawsuit Against CIA is Dismissed|first=Jerry|last=Markon|date=[[2006-05-19]]|accessdate=2007-05-29|publisher=Washington Post}}</ref> After being in custody for five months, [[Condoleezza Rice]] learned of his detention and ordered his release. El-Masri was released at night on a desolate road in [[Albania]], without apology, or funds to return home. He was intercepted by Albanian guards, who believed him to be a terrorist due to his haggard and unkept appearance. He was subsequently reunited with his wife who had returned to her family in [[Lebanon]], with their children, because she thought her husband had abandoned them. Using [[isotope analysis]], scientists at the Bavarian archive for geology in [[Munich]] analyzed his hair and verified that he was malnourished during his disappearance.<ref name="derspiegel050214">Georg Mascolo, Holger Stark: ''[http://service.spiegel.de/cache/international/spiegel/0,1518,341636,00.html The US Stands Accused of Kidnapping]''. SPIEGEL ONLINE, [[February 14]], [[2005]]</ref> == United Nations Human Rights Council == The United States has refused to seek a seat on the [[United Nations Human Rights Council]] (UNHRC) since 2006 and on [[March 5]] [[2007]], the U.S. State Department asserted the UNHRC had lost its credibility since "here has been a nearly singular focus on issues related to Israel, for example, to the exclusion of examining issues of real concern to the international system, whether that's in Cuba or Burma or in North Korea."<ref>{{cite web|url=http://www.state.gov/r/pa/prs/dpb/2007/mar/81471.htm|publisher=[[United States Department of State]]|title=Daily Press Briefing|date=[[2007-05-06]]|accessdate=2006-06-24}}</ref> The United States has also criticized the lack of safeguards against severe human rights violators taking a seat. <ref>{{ UN document |docid=A-60-PV.72 |body=General Assembly |type=Verbotim Report |session=60 |meeting=72 |page=5 |anchor=pg005-bk02 |date=[[15 March]] [[2006]] |meetingtime=11:00 |speakername=Mr. Toro Jiménez | speakernation=Venezuela |accessdate=2007-09-19 }}</ref> On [[May 18]] [[2006]], The United Nations Human Rights Council released a report, which urged the United States to adopt their recommendations. The recommendations included: holding senior official who acquiesced, authorized, or consented to acts of torture committed by their subordinates; closing all secret prisons; closing Guantanamo Bay detention camp; registering detainees captured in the [[War on Terrorism]]; and ending extraordinary rendition. The report rejected the United States' claim the [[United Nations Convention Against Torture]] does not apply to U.S. personnel acting outside the U.S. or acting during wartime and stated "[The United States] has the obligation to implement the Convention against Torture in full at the domestic level." The report further criticized how the United States allows executions by lethal injection, houses children in adult jails, and subjects prisoners to prolonged isolation in [[supermax|supermax prisons]].<ref>{{cite news|title=U.N. Torture Committee Critical of U.S.|url=http://hrw.org/english/docs/2006/05/19/usdom13418.htm|publisher=Human Rights Watch|date=[[2006-05-19]]|accessdate=2007-06-14}}</ref><ref>{{cite web|url=http://www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.USA.CO.2.pdf|title=Conclusions and recommendations of the Committee against Torture|publisher=[[United Nations Human Rights Council]]|date=[[2007-05-18]]|accessdate=2007-06-14|format=PDF}}</ref> In May 2007, Martin Scheinin, a United Nations rapporteur on rights in countering terrorism, released a preliminary report for the United Nations Human Rights Council. The report stated the United States violated international law, particularly the [[International Covenant on Civil and Political Rights]], by the "enhanced interrogation techniques" used at Guantanamo Bay Naval Base and criticized the classification of [[unlawful combatant]]s and the 2001 [[USA PATRIOT Act]]; however, the report stated "[The United States] is a country which still has a great deal to be proud of."<ref>{{cite news|url=http://www.reuters.com/article/topNews/idUSN2519217620070526|title=U.N. expert faults U.S. on human rights in terror laws|date=[[2007-05-25]]|accessdate=2007-06-03|first=Evelyn|last=Leopold|publisher=Reuters}} Also published on [http://www.boston.com/news/nation/articles/2007/05/26/un_expert_faults_us_on_human_rights_in_terror_laws/ The Boston Globe], on [http://news.yahoo.com/s/nm/20070526/pl_nm/un_rights_usa_dc_2 Yahoo News], and on [http://www.abcnews.go.com/Politics/wireStory?id=3215782 ABC News].</ref> The [[United Nations Commission on Human Rights|U.N. Commission on Human Rights]] offered an opinion that the persisting racial poverty gaps in the U.S. amount to human rights violations.<ref>Rizvi, Haider. [http://www.commondreams.org/headlines05/1130-01.htm Racial Poverty Gaps in U.S. Amount to Human Rights Violation, Says U.N. Expert]. [http://us.oneworld.net/ OneWorld.net] (published on [http://www.commondreams.org CommonDreams.org]). [[2005-11-30]]. Retrieved on [[2007-08-13]]. ([http://web.archive.org/web/20060822044258/http://www.commondreams.org/headlines05/1130-01.htm archived link])</ref> The [[United Nations Human Rights Council]] lacks any legal authority except to make recommendations to the UN [[Security Council]]. The Security Council has received all of the recommendations detailed and has not found any violations of any human rights or international laws. It must be noted that the United States has been, since the inception of the UN, a permanent member of the Security Council with full veto rights. The United States is the only country in the world allowing sentencing of young adolescents to life imprisonment without the possibility of parole. There are currently 73 Americans serving such sentences for crimes they committed at the age of 13 or 14. In December 2006 the [[United Nations General Assembly]] took up a non-binding resolution calling for the abolition of this kind of punishment for children and young teenagers. 185 countries voted for the resolution and only the United States against.<ref>"Lifers as Teenagers, Now Seeking Second Chance", ''[[The New York Times]]'' October 17, 2007, by [[Adam Liptak]]</ref> == Further Assessments == According to [[Freedom in the World]], an annual report by [[Freedom House]], which rates political rights and civil liberties, in 2007, the United States was ranked "Free" (the highest possible rating), together with 92 other countries. The [[Polity data series]], which rate regime and authority characteristics, covering the years 1800-2004, has ranked the United States with the highest possible rating since 1871.<ref>[http://www.cidcm.umd.edu/polity/data/ Polity IV data sets]</ref> According to the [[Democracy Index]], the US ranks 17 out of 167 nations. According to the annual [[Reporters Without Borders#Worldwide press freedom index|Worldwide Press Freedom Index]] published by [[Reporters Without Borders]], the United States was ranked 53rd from the top in 2006 (out of 168), 44th in 2005.<ref>{{cite web|date=October 2005|title=North Korea, Eritrea and Turkmenistan are the world’s “black holes” for news|url=http://www.rsf.org/rubrique.php3?id_rubrique=554|publisher=[[Reporters Without Borders]]|accessdate=2007-05-29}}</ref> 22nd in 2004,<ref>{{cite web|date=October 2004|title=East Asia and Middle East have worst press freedom records|url=http://www.rsf.org/article.php3?id_article=11715|publisher=Reporters Without Borders|accessdate=2007-05-29}}</ref> 31st in 2003<ref>{{cite web|date=October 2003|title=Cuba second from last, just ahead of North Korea|url=http://www.rsf.org/article.php3?id_article=8247|publisher=Reporters Without Borders|accessdate=2007-05-29}}</ref> and 17th in 2002,<ref>{{cite web|date=October 2002|title=Reporters Without Borders publishes the first worldwide press freedom index|url=http://www.rsf.org/article.php3?id_article=4116|publisher=Reporters Without Borders|accessdate=2007-05-29}}</ref> According to the annual [[Corruption Perceptions Index]], which was published by [[Transparency International]], the United States was ranked 20th from the top in 2006 (out of 163), 17th in 2005, 18th in 2003, and 16th in 2002.<!--Not sure if this is a human right issue--> == See also == * [[Legality of the Iraq war]] * [[Civil rights]] * [[Allegations of state terrorism committed by the United States]] * [[Criticism of the government response to Hurricane Katrina]] * [[United States and the International Criminal Court]] * [[Extraordinary rendition by the United States]] '''History''' * [[First Red Scare]] * [[Second Red Scare]] * [[Church Committee]] == External links == * [http://www.freedomhouse.org/template.cfm?page=22&year=2006&country=7084 Freedom in the World 2006: United States] from [[Freedom House]] * [http://www.ifex.org/en/content/view/full/96/ Censorship in the US] from [[International Freedom of Expression Exchange|IFEX]] * [http://www.state.gov/g/drl/hr/ Human Rights] from [[United States Department of State]] * [http://www.un.org/rights/ Human Rights] from [[United Nations]] * [http://web.amnesty.org/library/eng-usa/index Publications on the United States] from Amnesty International * [http://hrw.org/wr2k6/us/index.htm United States: Human Rights World Report 2006] from Human Rights Watch * [http://www.ushrnetwork.org/ United States Human Rights Network] * [http://www.un.org/Overview/rights.html Universal Declaration of Human Rights] from United Nations * [http://www.gov.cn/misc/2008-03/13/content_918785.htm Human Rights Record of United States in 2007] produced by the government of the People's Republic of China == References == {{Reflist|2}} {{North America topic|Human rights in}} {{Life in the United States}} {{United States topics}} [[Category:Human rights by country|United States]] [[Category:United States law]] [[Category:Politics of the United States]] [[Category:Law enforcement in the United States]] [[Category:Penal system in the United States]] [[Category:Political repression in the United States]] [[Category:Human rights in the United States|*]] [[it:Diritti umani negli Stati Uniti d'America]] [[zh:美國人權]]