| Last updated: 10 September 2012 |
Introduction |
The United States of America is a constitutional republic with a representative, democratic government. Federal, state and local governments are elected by universal suffrage and secret vote. In 2008, the Democratic Party's Barack H. Obama was elected President for a four-year term, a historic landmark as it is the first time an Afro-American has become President of the United States. The next presidential elections will be held in 2012. The executive branch comprises the President, Vice-President, and the Cabinet, which is appointed by the President.
Legislative power is bicameral: the Senate and the House of Representatives. Elections for the 435 members of the House of Representatives are held every two years. Every tenth year each state is reallotted the number of seats it is entitled to in proportion to the size of their population, with a guaranteed minimum of 1 representative. Each state has two senators elected for 6-year terms, and a third of the seats in the Senate are elected every two years. Two parties (the Democrats and the Republicans) dominate the political landscape. In November 2010, the mid-term elections were held, and the result was not good for the Democratic Party as they lost control of the House of Representatives. However, the Democrats held on to their majority in the Senate. According to the Inter-Parliamentary Union (IPU), after these elections, women held 73 of the 435 seats in the House of Representatives (16.8%), and 17 of those in the Senate (17%)
The third branch is the judiciary, headed by the Supreme Court. The judiciary is independent by law and in practice.
The law prohibits all discrimination based on gender, race, colour, national origin and disability, among others.
November 2010 was an especially difficult month, not only for the previous Bush administration, which authorised the abuses committed during the war in Iraq, but also for Obama, who has not managed to hold his predecessors to account. Firstly, the former President George W. Bush acknowledged in his memoirs that he had authorised "waterboarding", a form of torture. Next, a special prosecutor announced that he would not file criminal charges against CIA officials over the intentional destruction of video tapes allegedly showing two terror suspects undergoing torture in the CIA's secret jails in Thailand in 2002. And classified diplomatic cables published by WikiLeaks seem to confirm that Bush and Obama hindered criminal investigations in Europe into illegal counter-terrorism activities such as abduction and torture. Amnesty International called for a criminal investigation into the role of the former US President George W. Bush and other officials over the use of illegal interrogation techniques used on detainees, after the former President admitted authorising their use. Furthermore, other HR organisations in the US have pointed out that the US ratified the "United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" and that persons responsible must be held accountable.
On 22 January 2009, the White House announced that President Obama had signed an order suspending the actions of the Military Commission in Guantanamo for 120 days, and that the centre would close that year. On 29 January 2009, a military judge in Guantanamo rejected the White House's request on the case of Abd al-Rahim al-Nashiri, creating an unexpected challenge to the Administration. On 7 January 2011, the President signed the 2011 Defence Law which contains provisions to stop the transfer of prisoners from Guantanamo to the mainland and to other countries, which effectively suspends closing down the installations, although he questioned the arguments used by the Opposition in the Congress. Defence Secretary Robert Gates said, when giving evidence before the Senate Armed Services Committee on 17 February 2011: " the only thing I can say is that the chances of closing down Guantanamo are very, very low, given the wide opposition in Congress". In February 2011, 172 detainees still remained in Guantanamo.
The United States, the largest economy in the world, entered into a serious financial and mortgage crisis in 2008, affecting the property sector and causing the dollar to fall to an unusually low level. The outbreak of the crisis can be officially established as August 2007, when the central banks had to intervene to shore up the banking system. After several months of frailty and falls in employment, the system collapsed between 2007 and 2008, causing the bankruptcy of scores of banks and financial entities. This collapse took the Stock Market with it and seriously affected the population's consumer and savings capacity. In September 2008, the problems got worse with the bankruptcy of several financial entities involved in the mortgage market, such as the investment bank Lehman Brothers, mortgage companies Fannie Mae and Freddie Mac, and the insurers AIG. The US Government intervened by injecting hundreds of billions of dollars into the banking system so as to save some of these entities. The crisis rapidly spread to a number of European countries, and several are still suffering severe consequences. The crisis also affected developed countries all over the world. Japan, for instance, was hit by a contraction in its economy of 0.6% in the second quarter of 2008. Australia and New Zealand also suffered contractions. Several United Nations reports from the UNDP and the ILO tend to consider this crisis as the most serious since World War II.
American opinion on the rights of homosexuals is deeply divided. The issue of same-sex marriage or civil union is the subject of hot debate. Some states allow civil unions, while others have passed amendments banning homosexual marriages. States that grant civil union status allow homosexual couples to receive the corresponding benefits.
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Education Rights
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Public education in the United States is a joint undertaking between local, state, and federal governments. The degree of commitment to education varies from state to state. At primary and secondary level, the programmes, finding, teaching and other policies are set by locally elected school commissions. Decisions on standards and examinations are taken at state level. Education is compulsory for children between the ages of 6 and 17, but more and more states are raising the limit above the age of 17. Parents can choose between sending their children to state or private schools or providing them with education at home. It is the Federal Government's task to decide on educational issues of national interest, and to provide financial support. In the case of schools, public education is financed by taxes collected at the local, state, and federal levels. Funds for higher education come from both public and private sources, and it is becoming more and more common for students to pay enrolment fees.
The US Congress is under pressure to change the "No Child Left Behind" programme passed by the Bush Administration as it has not accomplished its basic objective: to improve the educational performance of all students and pupils and reduce differences between those of different origins. The Obama Administration has put forward a plan to change the law. The National Education Association (NEA), which is a member of the EI, agrees with some parts of the plan, but points out that it has some significant drawbacks. The constant dependency on testing as a means of assessing and classifying schools and teachers is particularly worrying. The government's proposal also asks for funds to be transferred to plans to encourage competitiveness, such as the "Race to the Top" programme, and to create winners and losers, rather than helping all children.
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Early Childhood Education (ECE)
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The 3-year programme starts at age 3. 40% of education at this level is private. The Net Enrolment Ratio (NER) is 52%. 91% of the 387,640 teachers working at this level are women. The number of pupils per teacher (PTR) is 19: 1.
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Primary Education
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Education is compulsory for children between the ages of 6 and 17. Primary education begins at age 6, and lasts for 6 years. 11% of education at this level is private. The NER is 91% (49% girls). 1,677,417 teachers (88% women) work at this level. The PTR 14: 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins when the child is 12 and lasts for 6 years. 9% of education at this level is private. The NER is 88%. There are 1,599,303 secondary teachers, 871,884 (65% women) in lower secondary and 727,419 (55% women) in upper. Secondary level PTR is 14: 1.
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Tertiary/Higher Education
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19,102,814 students (57% females) are studying at tertiary institutions, giving a Gross Enrolment Ratio of 86%. 24% of education at this level is private. Students come to study in the USA from Asia (331,770), North America and Western Europe (78,477), Latin American and Caribbean countries (70,235) Central and Eastern Europe (36,176) Sub-Saharan Africa (33,583) and Arab States (3,078). Meanwhile, there are 41,181 US students studying abroad, mostly in the UK (13,381), Canada (4,394), Australia (3,439), Germany (3,419) and France (2,817).
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Children with Special Needs
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The law on education for persons with disabilities assigns funds to the education of children with disabilities; it sets out certain requirements necessary for institutions to receive the funding, in particular that the education must be public, free, and appropriate. Every child who receives these services is provided with an individual education plan spelling out the services in question. As far as possible, children with disabilities must be educated together with those without disabilities; more disabled children than ever before are being integrated into mainstream classrooms. The debate goes on as to whether this measure improves the educational environment for children with disabilities, and on the need for additional training for teachers who teach disabled children, as well as on the provision of necessary support services.
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Refugee Children
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The law provides for asylum or the status of refugee to be granted in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, and the government has set up a system of protection for refugees. The USA also cooperates with the UNHCR to help refugees and asylum-seekers. Child refugees receive education. The question of undocumented immigration continues to be a very controversial issue in the USA. In general terms, immigration laws have been made tougher, and police officers working on the border (the Border Patrol) continue to be heavily criticised by American HR organisations.
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Minorities and Indigenous Peoples
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The number of students from minority groups studying degrees at US universities has increased. However, the enrolment ratio for black and Hispanic students is still lower than that for whites. The Census Bureau only holds a limited amount of information on Asian-Americans and Native Americans for the last ten years, but the university enrolment ratio for these groups continues to rise.
The National Education Association (NEA) reports that ethnic minority pupils make up nearly 40% of the American school population. in the next 20 years, that figure may well reach 50%. As the number of pupils from ethnic minority backgrounds increases, so do the challenges faced by schools. There are significant failings as many ethnic minority children attend schools faced with the biggest educational, economic and social challenges. "If we want to keep and to improve public education schools in the US, it's necessary to meet these children's needs, to support ethnic minorities' commitment to education, and to work together to improve the quality of education and to ensure all children receive the education they need and deserve. Every boy and girl deserves quality education, whatever their race or ethnic origin. Despite progress made in recent years, there are still significant failings in academic performance and equality of opportunities for many racial and ethnic groups." The NEA is working with the community to get better funding, a greater diversity of teachers, and better programmes for pupils whose first language is not English, and more participation from the pupils' families.
Human Rights Watch/US reported in February 2011 that many Muslims and undocumented immigrants in the United States met hostility, fear, and discrimination. There are symptoms of intolerance and continuing prejudice which undervalue these and other minority groups by attempting to define "America and the Americans" in narrow terms which belie the country's multicultural history.
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Academic Freedom
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There has been an increase in fixed-term hiring of higher education teachers. The security of a permanent position is a pre-requisite for ensuring academic freedom, as non-permanent academics with contracts subject to constant renewal are more vulnerable to censorship and self-censorship. There is also concern over the sources of funds for university research, as funding provided by companies can put freedom of research at risk.
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Gender Equality
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Men and women enjoy the same rights by law, but in some areas discrimination exists.
The World Economic Forum report ranks the US in nineteenth place out of 134 countries in the gender-gap index: in first place for educational achievements, sixth for economic participation, thirty-eighth for health and survival, and in fortieth place for political empowerment.
According to data published in 2010 by the US Census Bureau, for every dollar that men are paid, women are paid only 77 cents. The gender wage gap is greater among minority groups.
Different types of discrimination, together with job segregation, are an obstacle to achieving promotion and earning a larger income. The notorious glass ceiling continues to affect women. However, sexual harassment is illegal and the law is applied, as shown by verdicts given by the Supreme Court. Domestic violence is outlawed, but reports indicate that it continues to be a problem. 85% to 95% of victims of domestic violence are women.
Reports show that 5.3 million women suffer abuse every year, and domestic violence is the biggest cause of injuries among women. There are also reports of trafficking of women and children for purposes of sexual exploitation or domestic service.
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Child Labour
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Children under 18 cannot work in dangerous activities; those under 16 cannot work during school hours, and can only work three hours a day during term-time. Many working children give up going to school. Moreover, children under 14 can work in agriculture. In the USA there are numerous children working in the commercial agriculture sector, with working-days reported to be 12 hours long. The long working-days make commercial agriculture one of the most tiring and dangerous industries for children. It is also the least protected industry, as exposure to pesticides creates serious health risks. Children working on farms are also victims of wage exploitation and fraud; Human Rights Watch points out in its report that many children are paid less than the minimum wage, and that some are paid barely 2 dollars per hour. According to reports, some 4 million children work in the Unites States, in addition to the children of working migrants and undocumented immigrants. There are no figures available on the number of children who work in prostitution or in the booming internet pornography industry. Only a small number of the thousands of child victims of human trafficking every year in the USA are ever found. Children are also the victims of human trafficking for domestic work, and children under the age of 14 have been found working in textile mills.
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Trade Union Rights
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The National Labour Relations Act (NLRA) provides for the right to form and to join unions, with the exception of public sector employees, agricultural workers and domestic employees. Although it is allowed in the private sector, approximately 40% of public sector workers are denied the right to collective bargaining. Collective bargaining for public sector workers varies from state to state, but is allowed in more than half of them. Some states permit collective bargaining for a limited number of work categories. Even where they are entitled to collective bargaining, the workers do not usually have the right to strike. Education, particularly in primary and secondary schools, is one of the sectors with highest levels of unionisation in the US workforce.
Consultants working to bust trade unions, and anti-union activities carried out by the US Chamber of Commerce: There is a $4 billion business in the USA whose purpose is to crush attempts at unionisation by means of coercion and intimidation. These consultants employ a wide range of tactics, some of which border on illegality. Furthermore, the Chamber of Commerce - the organisation that lobbies on behalf of business at state level - is constantly campaigning against trade unions, fair labour practices, increases in the minimum wage and legal protections. Unlike other anti-union organisations, this leading pressure group does not hide its alignment with big business. One of the Chamber's priorities regarding legislation is opposition to the Employees' Free Choice Act, a law which would strengthen labour legislation and provide workers with the right to be represented by a union through the process known as "card checks", that is, if a majority present signed authorisation forms ("cards") expressing their wish for union representation. The Chamber continues to put pressure on all Republican members of Congress to support the Secret Ballot Protection Act, which would outlaw union recognition by means of card checks. The Chamber also has a website urging its members to put pressure on the Congress regarding the issue.
On 19 January 2011, Montana's House of Representatives passed a draft bill which would deny compensation payments to non-authorised immigrants. This Bill 71 would violate workers' rights in Montana because it would also endanger the rights of its workers and fellow citizens. This legislation would, in fact, make Montana one of the most unsafe places for workers in the USA. In effect, the legislation would provide companies with incentives to hire more non-authorised workers and pay less attention to safety at work. Under this law, companies which have traditionally hired non-authorised workers would be able to continue doing so, but would not need to include them in the compensation system. This would mean that they would not have to inform the State of injuries sustained by non-authorised workers. Consequently, the number of accidents a company reports would go down, and with it, the insurance premiums they have to pay. Companies would also have fewer incentives to provide safe workplaces. However, companies that hire non-authorised workers would also hire authorised workers, who would be working in the same dangerous places. If given approval, Bill 71 will put both legal and undocumented workers in work places that will become more and more unsafe.
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Footnotes
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State of World Population 2010. "From Conflict and Crisis to Renewal: Generations of Change" UNFPA, November 2010, www.unfpa.org (Spanish)
"Women in National Parliaments 2010, World Classification" www.ipu.org
WikiLeaks (from the English word leak, "escape", "drip", "leaking [of information]") is an international media organisation which runs a website publishing reports and leaked documents containing sensitive information on matters of public interest, while maintaining the anonymity of its sources.
"US must begin criminal investigation of torture following Bush admission", Amnesty International, November 2010, www.amnesty.org
www.nea.org
" US/Public Officials should reject discrimination", Human Rights Watch, February 2011, www.hrw.org
"Global Gender Report 2010, World Economic Forum, Geneva, 2010,www.weforum.org
2010 Annual Survey on Violations of Trade Union Rights, ITUC-CSI, www.ituc-csi.org
"US/Bill will promote unsafe work environments, lead to injuries" Human Rights Watch, February 2011, www.hrw.org
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