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Term: Black Codes, anti-Misegenation. These were laws passed to limit the civil rights of African Americans at the State level. Many states forbid African Americans from entering the state. Anti-miscegenation laws forbid marriage between Whites and any other races. Black Codes continued.
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Term: Black Codes, anti-Misegenation • These were laws passed to limit the civil rights of African Americans at the State level. • Many states forbid African Americans from entering the state. • Anti-miscegenation laws forbid marriage between Whites and any other races.
Black Codes continued • After freedom was granted to slaves some states declared them as Freedmen. • This meant they were not citizens and would have to apply to become one. • They were treated as second class immigrants and denied voting rights
Jim Crow Laws • Once things settled down, the southern parliament enacted a policy of Separate but Equal. • Separation was ok as long as there was equal facilities.
Jim Crow • Some examples of Jim Crow laws are the segregation of • public schools, • public places • public transportation • restrooms • restaurants for whites and African Americans.
Early Life • In 1954, Martin Luther King becomes a Pastor at the Baptist church in Montgomery, Alabama. • He also heads a committee to promote African American rights and to look into arrests, the SCLC.
Montgomery Bus Boycott • March 1955 – Claudette Colvin • December 1955 – Rosa Parks refuses to take a seat at the back of the bus. • Results in arrest.
Montgomery Bus Boycott • King was arrested and chose to spend two weeks in Jail. • This brought national awareness to the Boycott. • “I was proud of my crime. It was the crime of joining my people in a nonviolent protest against injustice.”
Montgomery Bus Boycott • Martin Luther King organizes a boycott which lasts a year. • Bus company lost huge revenues as majority of riders were African American. • Takes the Parks case to Supreme Court where it is ruled that the Alabama law is unconstitutional.
Montgomery Bus Boycott • In the end, African Americans won the right to sit anywhere on public transit. • Boycott ended on Dec 20, 1956. • Martin Luther King Jr. became a national hero.
Voting Rights • In 1961, of the 15000 African Americans in Dallas county only 130 were registered to vote. • This was achieved through literacy tests, threats of violence from the Ku Klux Klan. • Martin Luther King arrived and organised a March from Selma to Montgomery(54kms)
First March • Moved 6 blocks and was met with police. • Police used clubs, whips, and tear gas. • National Papers were filled with pictures on victimised women and children • Seventeen marchers were hospitalized, leading to the naming of the day Bloody Sunday.
Second March • MLK tried to get court approval and protection from the state to march, but was denied. • Instead, service held on Edmund Pettus Bridge, 2500 people • Two white Ministers joined the march and were beaten in the night, the nearest hospital would not treat them. • One Reverend, Rev Reeb, Died
Third March • After Rev. Reeb passed, a 3rd march is organised. • JFK ordered army, and FBI to protect the Marchers. • March was a success and King gave the speech “How Long, Not Long”
Voting Rights • As a result, awareness for voting rights were promoted. • The President, John F. Kennedy drafted the Civil Rights Act to prohibit voter discrimination.
Term: Birmingham, AlabamaProtests against Jim Crow Laws • Most highly segregated city in the U.S • African Americans could not have jobs that involved contact with whites. • To protest, a boycott of those stores was enacted and sit ins were used to disrupt business.
Birmingham, AlabamaProtests Against Jim Crow Laws • Controversial use of children in protests. • Head of Police, Eugene “the bull” Connor, orders use of fire hoses and dogs to quell protesters, including children. • "The Civil Rights movement should thank God for Bull Connor. He's helped it as much as Abraham Lincoln." JFK
BirminghamProtest Against Jim Crow • To gather more attention for the movement, Martin Luther King led a March on Good Friday and was also arrested. • After pressure from the media and the president, JFK, King was released.
Jim Crow Law Signs • As a result on May 8th, businesses were forced to discontinue segregation policies and Jim Crow laws signs.
Proposed Civil Rights Act • President Kennedy drafted a bill to give full voting privileges to African Americans. • It also outlawed discrimination in all facilities that served the public including hotels, restaurants, schools, and hospitals.
Term: March on Washington • On August 28th 1963, 250,000 protestors converged on Washington D.C • They wanted to ensure that Kennedy's new civil rights act was passed after his assassination.
March on Washington • Martin Luther King delivered the “I have a Dream Speech.” • Speech of March on Washington
Term: Human Rights • Human rights include the right to receive equal treatment to be free from prohibited discrimination and harassment. • to have equal access to places, services and opportunities.
Term: Discrimination • Discrimination occurs when an individual is treated unfairly because he or she belongs to a certain group
Human Rights Codes • There are two levels of protection. • Canadians are protected from abuses from the government or its agencies through the Charter of Rights and Freedoms. • Does not protect in cases of discrimination by private sector.
Term: Provincial Human Rights Codes • Provincial Human Rights codes protect citizens from “prohibited” discrimination in the private sector. • What is prohibited varies with provinces.
Discrimination is illegal based on • Generally includes: • Physical characteristics • Origin • Colour • Religion • Age • Gender • Sexual Orientation • Mental or Physical disability • Marital Status
Provincial Human Rights Codes • Since the government are the ones making these laws they still have to follow the Canadian Charter of Rights and Freedoms.
Stereotyping and Prejudice • Stereotyping – having an oversimplified, false or general portrayal of a group of people. • Prejudice – judging an individual according to the group to which they belong without taking into account individual characteristics or abilities.
Terms Bona Fida Occupational requirement • Everyone has equal right to employment in the application process, training promotions, layoffs etc. Exceptions can occur when • They are reasonable and justifiable (insurance fees) • Specific skills or “bona fida occupational requirement”
Employment Continued • Affirmative Action gives advantages to groups that were historically discriminated against. • If two people are equally qualified than preference can be given.
Employment Continued Term: Duty to Accommodate • Employer must try to accommodate for an employee’s needs. i.e religious beliefs, physical disability. • Unless employer proves undue hardship • The employer does not have to accommodate if it jeopardizes safety or would cost the company too much
Employment ContinuedTerm: Harassment • Everyone has the right to be free from humiliating behaviour. • Examples could be racial, sexual, or religious slurs. • Sexual Harassment includes unwelcomed sexual contact, remarks, leering demands for dates, and displays of sexually offensive pictures or graffiti.
Employment Continued Term: Poisoned Environment • When someone is constantly subjected to humiliation or an uncomfortable atmosphere at work. • Firefighters case
Interveners • Interveners are special interest groups which the courts ask for information about a legal issue. • Examples would include Mothers Against Drunk Driving, Groups for and against legalised Marijuana, Abortion groups
Entrenching • In 1981 Pierre Trudeau was successful in making the Charter the highest law in the country. • Only applies to laws made by governments, not private sector.
2. Democratic Rights • S 3 states every citizen has the right to vote in an election, and run for office. • What limits would there be to this?
Limits to Democratic rights • Age • Mental capacity • Residence • Judiciary • Prisoners serving more than two years
For example, if the Province of NS passes a law, it has to agree with the charter. • If Wal-mart created a rule for employees, the charter does not apply. • Overrides government laws.
Notwithstanding Clause • S.33 gives the provinces the ability to limit s. 2 and 7-15 of the Charter in special circumstances. • Must be voted on every 5 years. • Has to pass the Oakes test - Reason to limit must be very important - limit must be reasonable - Right must be limited as little as possible
Section 1 • Section 1 states rights are subjected to limitations such as public safety and the rights of others. • Has to pass the Oakes test - Reason to limit must be very important - limit must be reasonable - Right must be limited as little as possible
Section 2 Fundamental Freedoms2(a) Freedom of Conscience (beliefs) and Religion. • Right to choose religion, right to express that choice through worship, practice, and teaching. • No one can be forced to act in a way contrary to one’s beliefs. • R.v Big M Drug Mart struck down a ban on Sunday shopping (Lord’s Day Act) because it forced someone to believe in a religion.
Controversy over Honour Killings • Shafia case in Montreal.
2(b) Freedom of Thought and Expression • Free to think and believe what you want and to express your opinions through writing, speech, painting etc. • Freedom of the press and the public’s right to obtain information from the government. • All activities conveying meaning are expression.
2(c) Freedom of Peaceful Assembly • Everyone has the right to assemble and protest peacefully. • Assembly can be dispersed if it disturbs the peace “tumultuously” or causes fear in persons nearby.