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Friday, May 2, 2025
MCCR Secures Court Victory in Source of Income Discrimination Case to Improve Housing Justice in Maryland
Thursday, May 1, 2025
Tuesday, April 29, 2025
Fighting Discrimination Against Mothers of Children with Disabilities
"Discrimination that Requires a Remedy: The Case of Mothers of Children with Disabilities," by Ewa Rejman (2025). Mercer Law Review: Vol. 76: No. 2, Article 4. https://digitalcommons.law.mercer.edu/jour_mlr/vol76/iss2/4.
International human rights law devotes particular attention to the protection of vulnerable groups owing to their special needs and distinctive challenges which should be adequately considered. Building upon this premise and stressing the importance of gender approach, the Article describes particular vulnerabilities that mothers of children with disabilities face and explains how addressing them remains contingent upon safeguarding, in particular, the right to the highest attainable standard of health, the right to social security, the right to an adequate standard of living and the right to family life. Through the analysis of the responsibility for the omission in international law, as well as binding positive obligations in the area of economic, social and cultural rights, it identifies states’ duty to remedy discrimination that mothers of children with disabilities experience.
To this end, the article argues that these mothers suffer from associative discrimination on the basis of disability and indirect discrimination on the basis of sex. It relies on the definition of discrimination provided by the Committee on Economic, Social and Cultural Rights, according to which the discriminatory effect, even in the absence of intent, suffices to establish the existence of discrimination if other conditions - distinction, exclusion, restriction or preference or other differential treatment nullifying or impairing the recognition, enjoyment or exercise of rights on equal footing - are fulfilled. In doing so, it critically discusses the relevant jurisprudence on discrimination of vulnerable groups of the European Court of Human Rights, the European Court of Justice, the Inter‑American Court of Human Rights, and treaty-monitoring bodies by deducing the underlying principles and applying them to the protection of these mothers.
As a remedy, the author proposes the introduction of “special measures” - instruments already recognized in international legal treaties - explaining that in cases concerning disability, unlike those involving race, measures should not be necessarily described as “temporary.” Considering the rights of mothers of children with disabilities, it is crucial to focus on indirect discrimination. The most relevant difference for our considerations is the presence of discriminatory effect on certain groups even in the absence of discriminatory intent, for example, “when the agent is simply unaware of and indifferent to the effects” of the act.
Associative discrimination is the legal term that applies when someone is treated unfairly because either someone they know or someone they are associated with has a certain protected characteristic. The Americans with Disabilities Act (ADA) explicitly prohibits “excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.”
Mothers of children with disabilities have to be treated differently from other people because their situation is significantly different. These individuals simply have different needs that have to be addressed differently in order to enjoy opportunities as close as possible to those available to others. The same logic should be applied to caregivers, in this case, mothers of children with disabilities, whose needs also change because of situations in which they find themselves.
Monday, April 28, 2025
Book Review: "Cracked Foundations: Debt and Inequality in Suburban America (Politics and Culture in Modern America)"
Cracked Foundations: Debt and Inequality in Suburban America (Politics and Culture in Modern America), by Michael Glass. University of Pennsylvania Press: October 7, 2025. 336 pages, hardcover $34.95.
This book describes how debt and speculation financed the suburban American dream and led to today’s inequalities. In the popular imagination, the suburbs are synonymous with the “American Dream” of upward mobility and economic security. After World War II, white families rushed into newly built suburbs, where they accumulated wealth through homeownership and enjoyed access to superior public schools. In this revelatory new account of postwar suburbanization, historian Glass exposes the myth of uniform suburban prosperity. Focusing on the archetypal suburbs of Long Island, Cracked Foundations uncovers a hidden landscape of debt and speculation.
The author shows how suburbanites were not guaranteed decent housing and high-quality education but instead had to obtain these necessities in the marketplace using home mortgages and municipal bonds. These debt instruments created financial strains for families, distributed resources unevenly across suburbs, and codified racial segregation. Most important, debt transformed housing and education into commodities, turning homes and schools into engines of capital accumulation. The resulting pressures made life increasingly precarious, even for those privileged suburbanites who resided in all-white communities.
For people of color denied the same privileges, suburbs became places where predatory loans extracted wealth and credit rating agencies punished children in the poorest school districts. Long Islanders challenged these inequalities over several decades, demanding affordable housing, school desegregation, tax equity, and school-funding equalization. Yet the unequal circumstances created by the mortgages and bonds remain very much in place, even today.
Cracked Foundations not only transforms our understanding of housing, education, and inequality but also highlights how contemporary issues like the affordable housing crisis and school segregation have their origins in the postwar golden age of capitalism.
Glass is an Assistant Professor of History at Boston College.
Book Review: "Patchwork Apartheid: Private Restriction, Racial Segregation, and Urban Inequality"
Patchwork Apartheid: Private Restriction, Racial Segregation, and Urban Inequality by Colin Gordon. Paperback / Ebook, $37.50 284 pages. Russell Sage Foundation: 2023. ISBN:978-0-87154-554-1.
For the first half of the twentieth century, private agreements to impose racial restrictions on who could occupy property decisively shaped the development of American cities and the distribution of people within them. Racial restrictions on the right to buy, sell, or occupy property also effectively truncated the political, social, and economic citizenship of those targeted for exclusion. In Patchwork Apartheid, historian Gordon examines the history of such restrictions and how their consequences reverberate today.
Drawing on a unique record of property restrictions excavated from local property records in five Midwestern counties, Gordon documents the prevalence of private property restriction in the era before zoning and building codes were widely employed and before federal redlining sanctioned the segregation of American cities and suburbs. This record of private restriction - documented and mapped to the parcel level in Greater Minneapolis, Greater St. Louis, and two Iowa counties - reveals the racial segregation process both on the ground, in the strategic deployment of restrictions throughout transitional central city neighborhoods and suburbs, and in the broader social and legal construction of racial categories and racial boundaries.
The author also explores the role of other policies and practices in sustaining segregation. Enforcement of private racial restrictions was held unconstitutional in 1948, and such agreements were prohibited outright in 1968. But their premises and assumptions, and the segregation they had accomplished, were accommodated by local zoning and federal housing policies. Explicit racial restrictions were replaced by the deceptive business practices of real estate agents and developers, who characterized certain neighborhoods as white and desirable and others as black and undesirable, thereby hiding segregation behind the promotion of sound property investments, safe neighborhoods, and good schools.
These practices were in turn replaced by local zoning, which systematically protected white neighborhoods while targeting “blighted” black neighborhoods for commercial and industrial redevelopment, and by a tangle of federal policies that reliably deferred to local and private interests with deep investments in local segregation. Private race restriction was thus a key element in the original segregation of American cities and a source of durable inequalities in housing wealth, housing opportunity, and economic mobility.
Patchwork Apartheid exhaustively documents the history of private restriction in urban settings and demonstrates its crucial role in the ideas and assumptions that have sustained racial segregation in the U.S. into the twenty-first century.
The author Gordon is a Professor at the University of Iowa.
Read the RSF Russell Sage Foundation article.
Source: Read the Google Books overview.
Sunday, April 27, 2025
The Maryland Commission on Civil Rights 2025 Civil Rights Gala is on August 23rd!
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Bergen-Belsen Survivors Mark the 80th Anniversary of Camp’s Liberation
Survivors of the Nazi concentration camp Bergen-Belsen and their families have gathered at the site in northern Germany to officially commemorate the 80th anniversary of its liberation by British troops. Representatives of victims’ associations and the military took part in the ceremony along with the British deputy prime minister, Angela Rayner. During the second world war, Soviet prisoners of war and later Jewish prisoners were held at the camp under extremely hostile conditions. According to the foundation responsible for the upkeep of the camp as a memorial site, about 20,000 prisoners of war and at least 52,000 concentration camp prisoners died there, including Anne Frank, the Jewish diarist, and her sister, Margot.
Accompanying about 180 British Jews, including survivors and their relatives, the UK’s chief rabbi, Ephraim Mirvis, read a psalm. Lola Hassid Angel, 88, from Greece, described the camp in an interview with the Guardian earlier this month as “an abomination that historians will one day refer to as a dark page but which we, as the last survivors, are duty-bound to describe”.
At the ceremony, another survivor, 100-year-old Albrecht Weinberg, from Germany, recalled being taken half-dead by train from Auschwitz to Belsen. “I found myself lying amid the dead and the living on a wagon in Bergen-Belsen. Our bodies were tipped out. Two days later, a tank drove in. I thought now I’ll finally be freed by death, but it was British soldiers coming to liberate us. They later told me I’d weighed 29kg [4st 8lb].”
At the time in April 1945, the Guardian (London) reported that a senior medical officer with the British army had witnessed thousands of typhus, typhoid, and tuberculosis cases on entering the camp, calling it “the most horrible, frightful place” he had ever seen.
“There was a pile - 60 to 80 yards long, 30 yards wide, and 4ft high - of the unclothed bodies of women all within sight of several hundred children. Gutters were filled with rotting dead and men had come to the gutters to die, using the curbstones as back rests,” the correspondent David Woodward wrote. Accounts from the camp by soldiers and journalists were spread around the world and proved more shocking in many ways than other discoveries of death camps to the east, such as Treblinka, Sobibor, and Auschwitz, as they had either been demolished to hide evidence of the crimes committed there, or emptied of their inmates, who, like Weinberg, were sent on death marches.
At Belsen, the camp construction and the evidence of what had occurred there remained intact. Some of the Nazi soldiers involved in the death machine were still on site. The large number of prisoners and the conditions at the camp led to mass outbreaks of dysentery, typhus, and malnutrition, leading to about 500 deaths a day, most during the final weeks of the war. A documented 14,000 survivors died by the end of June 1945, many of whose digestive systems had been unable to cope with the food they were given after the liberation of the camp.
Every year, about 250,000 people visit the Memorial and over 1,000 groups take part in guided tours, study days, and projects here.