By Ahmed E Souaiaia*
Abstract: On May 11, 2019, the US federal government indicted 50 individuals, charging them with bribery and fraud in a widespread college admission scandal involving wealthy parents, coaches, administrators, and business executives, paying bribes to buy their children’s way into the nation’s elite schools. For weeks thereafter, the public discourse had become engaged primarily with the action of the individuals, secondarily with some schools’ administrators, but not with the role played by the State. I argue that the evidence unearthed for these cases point to a human rights violation because the State has actively participated in perpetuating inequality and economic disparity.
First, for clarity purposes, I shall define key terms and concepts. I use the word “State” to refer to the modern nation-state governing power, as a legal person that is in social contract with society, which authorizes (through a public mandate, electoral or otherwise) it to assume legal monopoly on the use of violence and taxation and the judicious use thereof. I also define human rights as claims by members of society against the State when the State abuses its powers or fails to treat citizens equitably and fairly. As such, human rights claims are above and beyond criminal and civil claims. With these definitions in mind, let’s consider the facts related to the so-called elite schools’ admissions and to the scandal that ensued and draw appropriate conclusions. Continue reading