Legal racial segregation

Date and country of first publication

2004
United States

Definition

Legal racial segregation refers to the practice of segregating individuals based on their race or ethnicity through laws and regulations. This type of segregation was prevalent in various countries, including the United States, South Africa, and several other countries with colonial histories.

In the United States, legal racial segregation was enforced through a series of laws known as Jim Crow laws, which were enacted in the late 19th and early 20th centuries. These laws mandated racial segregation in various public facilities, such as schools, parks, restaurants, transportation, and housing. The aim was to maintain the racial hierarchy, with African Americans being subjected to inferior facilities and treatment.

In South Africa, legal racial segregation was institutionalized through a policy known as apartheid, which lasted from 1948 to 1994. Under apartheid, numerous laws were passed to enforce racial separation, including the creation of separate residential areas, education systems, healthcare facilities, and public transportation for different racial groups. The aim was to maintain white minority rule and suppress the rights and freedoms of the majority non-white population.

Legal racial segregation has generally been deemed unconstitutional and a violation of human rights. In the United States, segregation was challenged in landmark cases such as Brown v. Board of Education (1954), where racial segregation in schools was deemed unconstitutional. Similarly, in South Africa, apartheid was opposed through mass protests and international pressure, leading to the eventual dismantling of the system and the formation of a democratic, non-racial South Africa.

Today, legal racial segregation is widely condemned as a form of discrimination and violation of human rights. Laws and international conventions have been established in many countries to ensure equal access and opportunities for individuals of all races and ethnicities.

Notes

At its current state, this definition has been generated by a Large Language Model (LLM) so far without review by an independent researcher or a member of the curating team of segregation experts that keep the Segregation Wiki online. While we strive for accuracy, we cannot guarantee its reliability, completeness and timeliness. Please use this content with caution and verify information as needed. Also, feel free to improve on the definition as you see fit, including the use of references and other informational resources. We value your input in enhancing the quality and accuracy of the definitions of segregation forms collectively offered in the Segregation Wiki ©.

Further reading

Whitehead K.A., Wittig M.A. (2004) Discursive management of resistance to a multicultural education programme. Qualitative Research in Psychology, 1(4), 267-284. [1]

Foner N., Alba R. (2010) Immigration and the legacies of the past: The impact of slavery and the Holocaust on contemporary immigrants in the United States and Western Europe. Comparative Studies in Society and History, 52(4), 798-819. [2]

Franklin R.M. (2015) Rehabilitating democracy: Restoring civil rights and leading the next human rights revolution. Journal of Law and Religion, 30(3), 414-427. Cambridge University Press.[3]

Hswen Y., Qin Q., Williams D.R., Viswanath K., Brownstein J.S., Subramanian S.V. (2020) The relationship between Jim Crow laws and social capital from 1997 2014: A 3 level multilevel hierarchical analysis across time, county and state. Social Science and Medicine, 262(), -. Elsevier Ltd.[4]