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Five Reasons Mass Incarceration is a Queer Issue

Urban Institute Oct 30, 2017
This article is deemed a must-read by one or more of our expert collaborators.
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Five reasons mass incarceration is a queer issue
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In these five areas, evidence shows how queer people are disproportionately affected by the criminal justice system:

1. There is a long history of criminalization of queer people and of violent police targeting of queer spaces.
When drag queens, transgender women, and other queer folks rioted at the San Francisco Compton Cafeteria diner in 1966, it marked the boiling point of police harassment sanctioned by “female impersonation” laws, which made it illegal for cisgender men to wear women’s clothing. Some states rewrote antisodomy laws in the 1970s to target gay couples, a practice that remained legal until 2003, when the US Supreme Court struck down these laws in the Lawrence v. Texas ruling.

2. Queer youth of color are more likely to be arrested or detained in school.
Zero-tolerance policies in schools, designed to keep students safe, often fail to do so for queer students, resulting instead in arrest or exclusionary discipline when queer students attempt to defend themselves from harassment.

3. Queer youth are overrepresented in the juvenile justice system.
Although they account for only 5 to 7 percent of the youth population, queer youth account for 13 to 15 percent of youth in the juvenile justice system. More than 60 percent of these young people are black or Latinx. This trajectory of juvenile justice system involvement is rooted in discrimination at home and at school. Students who are arrested, suspended, or expelled from school are more likely to end up in the juvenile justice system.

Read the full article at Urban Institute

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Interested in learning more about Human Rights? Other readers at Giving Compass found the following articles helpful for impact giving related to Human Rights.

  • This article is deemed a must-read by one or more of our expert collaborators.
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    Feedback Is Having a Moment: Philanthropy Can Make It Permanent

    In the darkest days of apartheid South Africa in the mid 1970s, an activist parish priest named Desmond Tutu came to the Ford Foundation and made an extraordinary argument. He saw a real risk that by the time South Africans overthrew apartheid, they would no longer value any rule of law because of the way unjust laws had affected them. Tutu asked the Ford Foundation to provide funding for a new generation of human rights lawyers who would challenge apartheid laws in the courts, just as liberation struggle leaders Nelson Mandela and Oliver Tambo had done in the 1950s. He said it did not matter that every case would fail in the courts. It was critical that lawyers stood up in court and used arguments of law to delegitimize these unjust laws. He said the most important audience for these legal arguments was the general population, that it was a vital input into the popular narratives swirling through black South Africa about a future post-apartheid democratic country. The Ford Foundation responded, and over the next decade there arose a vibrant and effective set of human rights law firms and related nonprofit organizations, including the South African Council of Churches, which Tutu came to head in 1978. This philanthropically funded wave of human rights defenders so successfully buttressed the value of the rule of law that when South Africa wrote a new constitution in the lead up to the first democratic election in 1994, it went further in protecting fundamental human rights than any preceding constitution. I share this story because there is something of a “Tutu Moment” happening in American philanthropy. For a few years (I’m embarrassed to say just how many!), a posse of us have been making the argument that that the best real-time measures by which to shape and advance social impact are those derived from feedback loops that start with the people meant to benefit from an organization's work. Our argument is gaining ground. In addition to recently launching our first set of feedback principles for social impact, Charity Navigator and the charity information platform Candid will publish charities’ reflections on their feedback practices in the run up to Giving Tuesday 2019. This builds on the recognition last year of the importance of feedback by another lighthouse in our sector, The Leap of Reason Ambassadors Community, who issued a 2.0 version of its seven pillars of high performance to highlight the importance of feedback loops. A South African judge once instructed me that he could only render more human rights friendly judgements once lawyers made the argument into the record. Philanthropists can be like those pioneering South African human rights lawyers. As more of us ask nonprofits about their feedback practices, the more we bring value to the people who are meant to benefit. In my first blog post in this series, I recommended funders ask two questions of their grantees and prospective grantees. I can’t improve on them, so I repeat them here. Question 1: How do you know how people experience you? Any answer that does not describe some continuous, light-touch process of listening is highly suspect because research-heavy approaches by nonprofits just don’t lead to action. Research is just too easy to ignore in the face of more compelling calls for management attention – like those from funders. Question 2: What are three things that you have changed based on feedback from those you seek to help? This is the acid test. The problems nonprofits are tackling are complex, shape-shifting demons that would have been solved by now were they not so tough. The best organizations – the ones you want to support – are constantly adjusting to the best evidence they can muster. Feedback from beneficiaries is just about the best evidence that they can readily get; effective organizations use it to take corrective actions. And after they make a change, they go back and ask again, “We made this change. What do you think?” With thanks to the feedback community so ably supported by Feedback Labs, I commend the constituent feedback principles to you. With your help, we will make them the new norm. The Core Principles of Constituent Feedback The Why of Constituent Feedback 1. It supports human agency. People are the experts in their own lives but they are rarely treated as experts. Feedback practice recognizes the agency that people possess and provides a way to express it.   2. It cultivates power in people. Funders and providers who systematically listen and respond to feedback cultivate power in the people they seek to serve.   3. It enhances learning and effectiveness. Listening to and acting on feedback as part of the normal course of operations creates a culture of responsiveness and learning that make interventions more adaptive and effective. The How of Constituent Feedback 4. It’s conversational. Gather feedback from deliberate, compassionate and safe conversations with people, not from data about them.   5. It’s inclusive and insight driven. Share and interpret feedback in a timely manner with people receiving services in order to generate mutual understanding, insights, and solutions.   6. It’s responsive and continuous. Act on feedback to improve the experiences of people receiving services. Measure improvement by continuously asking for more feedback. 7. It’s reported externally. Report feedback data to other relevant stakeholders, not just feedback providers, to model transparency and foster collective learning. 8. It’s free of harm. Gather and use feedback in ways that does not harm those who offer their perspectives (e.g., physically, emotionally, economically, or in any other way).


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