De jure segregation in the context of "Statute of the International Criminal Court"

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⭐ Core Definition: De jure segregation

Racial segregation is the separation of people into racial or other ethnic groups in daily life. Segregation can involve the spatial separation of the races, and mandatory use of different institutions, such as schools and hospitals by people of different races. Specifically, it may be applied to activities such as eating in restaurants, drinking from water fountains, using public toilets, attending schools, going to movie theaters, riding buses, renting or purchasing homes, renting hotel rooms, going to supermarkets, or attending places of worship. In addition, segregation often allows close contact between members of different racial or ethnic groups in hierarchical situations, such as allowing a person of one race to work as a servant for a member of another race. Racial segregation has generally been outlawed worldwide.

Segregation is defined by the European Commission against Racism and Intolerance as "the act by which a (natural or legal) person separates other persons on the basis of one of the enumerated grounds without an objective and reasonable justification, in conformity with the proposed definition of discrimination. As a result, the voluntary act of separating oneself from other people on the basis of one of the enumerated grounds does not constitute segregation". According to the UN Forum on Minority Issues, "The creation and development of classes and schools providing education in minority languages should not be considered impermissible segregation if the assignment to such classes and schools is of a voluntary nature." Racial segregation can amount to the international crime of apartheid and a crime against humanity under the 2002 Rome Declaration of Statute of the International Criminal Court.

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De jure segregation in the context of Racial segregation in the United States

Facilities and services such as housing, healthcare, education, employment, and transportation have been systematically separated in the United States based on racial categorizations. Notably, racial segregation in the United States was the legally and/or socially enforced separation of African Americans from whites, as well as the separation of other ethnic minorities from majority communities. While mainly referring to the physical separation and provision of separate facilities, it can also refer to other manifestations such as prohibitions against interracial marriage (enforced with anti-miscegenation laws), and the separation of roles within an institution. The U.S. Armed Forces were formally segregated until 1948, as black units were separated from white units but were still typically led by white officers.

In the 1857 Dred Scott case (Dred Scott v. Sandford), the U.S. Supreme Court found that Black people were not and could never be U.S. citizens and that the U.S. Constitution and civil rights did not apply to them. Congress passed the Civil Rights Act of 1875, but it was overturned by the U.S. Supreme Court in 1883 in the Civil Rights Cases. The U.S. Supreme Court upheld the constitutionality of segregation in Plessy v. Ferguson (1896), so long as "separate but equal" facilities were provided, a requirement that was rarely met. The doctrine's applicability to public schools was unanimously overturned in Brown v. Board of Education (1954). In the following years, the court further ruled against racial segregation in several landmark cases including Heart of Atlanta Motel, Inc. v. United States (1964), which helped bring an end to the Jim Crow laws.

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