Police Abuse to Gays - Essay Example

Police Abuse to Gays Incident: The arrest and subsequent treatment of Kelly McAllister, a white transgender during August 2002, by police in Sacramento, California, is a clear care of human rights. The arrest itself was very brutal and inhuman with handcuffs placed on her hands and ankles to the accompaniment of severe beating. Her repeated requests even to attend the calls of nature were also turned down. She was taken to Sacremento County Main Jail on September 6, 2002, where she was incarcerated in a basement jail with a male inmate. Here, she was also subjected to sexual abuse by this inmate. After medical examination, she was sent back to the main jail where she was subjected to more humiliation and sexual assaults by male inmates and mocked by jail authorities stating that she may have enjoyed the sexual assaults. It is reported that while in jail, she attempted to commit suicide twice. All these misdeeds occurred in grave contravention of fundamental domestic and global human rights laws, especially that relating to Lesbians, Gays, Bisexuals and transgender (LGBT). Despite the fact that a full investigation and report had been filed with the Sheriff’s office in Sacremento, no disciplinary action has been taken against any of the perpetrators of such brutal and inhuman actions on this woman. The above instance is only an example of the ways in which LGBT members are tortured and marginalized by the law enforcement system of this country. As has been rightly observed, “The targeting of lesbian, gay, bisexual and transgender people for discriminatory enforcement of laws and their treatment in the hands of police needs to be understood within the larger context of identity-based discrimination, and the interplay between different forms of discrimination—such as racism, sexism, homophobia and transphobia—that create the conditions in which human rights abuses are perpetuated.” (Stonewall Police Abuse and Misconduct: Introduction). Evaluate it against relevant International Human Rights Agreements and domestic human right laws: Amnesty International is a forerunner for the cause of human rights all over the world “By highlighting instances of abuse against Lesbian, Gay, Bisexual and Transgender (LGBT) individuals, Amnestys activists work to protect members of the LGBT community whilst striving to achieve decriminalization and marriage equality.” (Lesbian, Gay, Bisexual and Transgender Human Rights). It is indeed painful that neither the US Constitution nor the federal laws have implemented robust laws against the inhuman treatment meted out to members of LGBT, nor suitably addressing gross violation of human rights to these perhaps marginalized sections of American society. The International Human Rights Agreement could be seen in terms of directives issued by Amnesty International, the International Covenant on Civil and Political Rights and United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Coming first to the directives of Amnesty International they purport that “Working with and for individuals the world over, we campaign so that every person may enjoy all of the human rights enshrined in the Universal Declaration of Human Rights.  We undertake research and take action aimed at preventing and ending grave abuses of these rights, demanding that all governments and other powerful entities respect the rule of law.  It means we campaign globally and locally where ever we can make a difference.” (About Amnesty International). Next coming to the ICCPR, Section 7 of the ICCPR enjoins that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” (International Convent on Civil and Political Rights). Thus, there are legal precedents by which the incarceration and sadistic treatment meted out to Kelly McAllister becomes a gross violation of human rights and basic and fundamental privileges of a human being this is all the more so because she happens to be a transgender woman. Again even in the United States, it is believed that human rights for women need to be improved. Addressing United Nations’ Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Secretary of State of the United States, Hillary Clinton, has observed that. “The subjugation of women is a threat to the national security of the United States. It is also a threat to the common security of our world, because the suffering and denial of the rights of women and the instability of nations go hand in hand. Ratification of this treaty, which enshrines the rights of women in international law, is not only in the interest of oppressed women around the world – it is in our interest as well.” (Verveer). Application of relevant theories: It is believed that the ire and racial hatred of the law enforcement system often takes its vendetta on colored people or people who belong to specific groups like Lesbians, Gays, Bisexual and transgender (LGBT). Amnesty International’s research and findings are indeed disturbing since it points to the fact that more often than not “the systematic denial of rights to certain people, is a grave human rights abuse and can often lead to further human rights abuses. Institutionalized discrimination dehumanizes its victim, who is deemed as someone who can be treated inhumanely. Institutionalized discrimination feeds impunity, denies justice and can incite violence against targeted people or groups. Discriminatory practices and policies have tremendous consequences for targeted groups not only in terms of the nature of their ill-treatment by government agents or society at large, but also in terms of their access to redress and equal protection under the law.” (Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay and Transgender People in the U.S). Perhaps one of the major barriers that endangers and aggrieves LGBT group fear is reprisal and also sometimes their sexual orientation may stand in the way of getting justice from the law enforcement departments. For instance, if the investigating officer is a heterosexual he may harbor resentment against gays, and this may affect the course of justice. Moreover, it is most apparent in the case of women, especially transsexual and transgender women who may become the defendant rather than the applicant in cases involving crimes against marginalized LGBT groups. Besides, the laws are not always carried out in letter and spirit in the law enforcement departments and perhaps even less in arbitrary courts of law. When it comes to such issues, the word of law may be against people with pronounced sexually deviant behavior. While laws and enactments are available, these may not be always in favor of LGBT and it would sometimes be even more difficult to enforce them. The fact remains that while LGBT group may find themselves oppressed and marginalized in American society, except for their sexual orientations, they are like any other normal human beings in our society and so should definitely be entitled to the same powers, privileges and prestige that is accorded to non LGBT sections of society. Addressing the issue: The fact that a person’s sexual orientations should stand in the way of obtaining legal justice and freedom from persecution is indeed abominable, more so when there are strong laws that prohibits such conduct. There is no doubt that they are humans as any other, and should receive the human rights that any normal person has. Even after 4 decades after Stonewall, the minority LGBT groups are yet to become a part of the mainstream of American society and the persecution and cruelty meted out to them in the name of gender is mounting exponentially. Even their strong associative bonds and groups do not help their cause substantively, and yet they need to suffer silently and hopefully. Appropriate recommendations for changes: Perhaps a concerted effort needs to be made for tackling crimes committed on LGBT while on detention or in prison. Police and law enforcement officers need to sign a pledge to offer safety and protection to LGBT inmates or alleged offenders. Besides this, it is also necessary to send a clean and clean message to all law enforcement agencies to refrain from ill treating or torturing LGBT inmates. It is also necessary to make special arrangement investigate cases of police excesses and brutalities on LGBT and offer strong punishment to the perpetrators of police excesses on LGBT, which was not, unfortunately done in the case of Kelly McAllister. Another strong recommendation for use by the Police and Justice department is to produce a nation wide database of policemen who have been discharged due to crimes relating to ill treatment of LGBT group members. It is necessary that innocent and law abiding members of LGBT should not be harassed or victimized owing to the reason of their sexual orientations or sexual preferences alone. Works Cited About Amnesty International. Amnesty International. Web. 22 Nov. 2010. . International Convent on Civil and Political Rights. Office of the United Nations High Commissioner for Human Rights. 2007. Web. 22 Nov. 2010. . Lesbian, Gay, Bisexual and Transgender Human Rights. Amnesty International USA. 2010. Web. 22 Nov. 2010. . Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay and Transgender People in the U.S. Amnesty International. 2010. Web. 22 Nov. 2010. . Stonewall Police abuse and Misconduct: Introduction. Amnesty International USA. Verveer, Melanne. Convention on the Elimination of all Forms of Discrimination against women. US Department of State. 2010. Web. 22 Nov. 2010. . Read More