Disposable workers

This is hard to fathom, but unfortunately the headline pictured above — “A maid begged for help before falling from a window in Kuwait. Her boss made a video instead.” — tells the heart of the story. Avi Selk reports for the Washington Post:

The floor looks clean in this high-rise apartment, seven stories above Kuwait City traffic. Not a smudge in sight on the picture window. On the other side of the glass, the maid is hanging on by one knuckle, screaming.

“Oh crazy, come here,” a woman says casually in Arabic, holding a camera up to the maid.

“Hold on to me! Hold on to me!” the maid yells.

Instead, the woman steps back. The maid’s grip finally slips, and she lands in a cloud of dust, many stories below.

The maid — an Ethiopian who had been working in the country for several years, according to the Kuwait Times — survived the fall. The videographer, her employer, was arrested last week on a charge of failing to help the worker.

Selk adds that more instances of domestic workers falling off of buildings have been reported. Human rights advocates are sounding alarms about this horrible incident and others against the background of a system of servitude known as kafala, whereby foreign workers surrender basic labor rights in return for work visas.

The spectrum of workplace mistreatment runs from lighter instances of intentional incivility all the way to slavery and torture. This event in Kuwait, and references to the policy of kafala, remind us that forms of abuse tending toward, and falling squarely within, the latter still exist in this world.

Enter therapeutic jurisprudence

These concerns also raise the fundamental importance of bringing dignity at work into therapeutic jurisprudence (“TJ”), a school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of laws, legal processes, and legal institutions.

As close readers of this blog know, I have been active in the TJ movement for many years, to the point of regarding it as my primary lens for examining law and policy. In fact, I’m part of a wonderful group of law teachers, lawyers, and judges who are forming a new international, non-profit organization dedicated to advancing therapeutic jurisprudence on a global scale. We will be launching this new entity at the biennial International Congress on Law and Mental Health, to be held this year in Prague, Czech Republic.

To date, much TJ activity has been concentrated in legal areas such as mental health and disability law, criminal law, dispute resolution and the administration of justice, and family law. Laws and policies relating to work, workers, and workplaces, however, have not received as much attention. Along with other folks dedicated to advancing dignity at work, I look forward to playing an energetic role in changing that state of affairs.

You see, it’s important to remember that individual incidents of worker abuse, including this one in Kuwait, are enabled or validated by policies such as kafala, thus melding the mistreatment with the tacit approval of law. Changing laws does not necessarily change individual behavior, but it creates enforceable norms that can inform people’s decisions about how to treat others.

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