Cameron Miranda
The first Civil Rights Act was passed in 1866, establishing that all those born in the United States were granted American citizenship. This was a radical notion for its time, as it sought to grant birthright citizenship and associated rights and protections to counter the Black Codes of 1865. However, it wasn't until a century later that landmark legislation began to address basic civil rights for African Americans. The Civil Rights Act of 1964 was a landmark piece of legislation that outlawed discrimination based on race, colour, religion, sex, and national origin. It was signed into law by President Lyndon Johnson on July 2, 1964, and remains one of the most significant legislative achievements in American history.
| Characteristics | Values |
|---|---|
| First federal anti-discrimination order in the US | Executive Order 8802 |
| Year of the above order | 1941 |
| Issued by | President Franklin Roosevelt |
| First federal civil rights legislation since the Civil Rights Act of 1875 | Civil Rights Act of 1957 |
| Year the above act was signed | 9 September 1957 |
| Signed by | President Dwight D. Eisenhower |
| First legislation in the UK to address racial discrimination | Race Relations Act 1965 |
| First conviction under the Race Relations Act 1965 | October 1967 |
| First anti-discrimination act in India | Indian Penal Code, 1860 (Section 153 A) |
| First anti-discrimination act in the US | Civil Rights Act of 1964 |
| Year the above act was passed | 2 July 1964 |
| Signed by | President Lyndon Johnson |
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What You'll Learn
The Civil Rights Act of 1964
The legislation was not without opposition. In the House of Representatives, the bill was initially blocked by the "'Southern Bloc'" of Southern Democratic Senators, led by Richard Russell, who proclaimed his resistance to any measure that would bring about social equality and intermingling of the races in the Southern states. Similarly, in the Senate, a group of Southern Democrats attempted to prevent the bill's passage through a filibuster. Despite these challenges, supporters of the bill in the House threatened to send it to the floor without committee approval, and the Senate filibuster was overcome with the support of President Lyndon Johnson and Senator Hubert Humphrey of Minnesota.
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The Civil Rights Act of 1957
The Act was proposed by Attorney General Herbert Brownell and marked the first significant legislative action by the federal government to protect civil rights since Reconstruction. It established the Civil Rights Division in the Justice Department, empowering federal officials to prosecute individuals who conspired to infringe on another citizen's right to vote.
Despite its good intentions, the Act had a limited impact on African-American voter participation, which was as low as 0% in 11 counties and less than 5% in 97 other counties, despite being majority-Black counties. This was due to the continued influence of discriminatory voter registration rules and laws in those states, heavily driven by Southern Democrats since the post-Civil War Reconstruction era.
Opponents of the Act were able to water down its immediate impact by removing stringent voting protection clauses. This included the Anderson-Aiken amendment and the O'Mahoney jury trial amendment, which was passed with majority support from Democratic members.
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The Race Relations Act of 1965
The Act made it a civil offence to refuse to serve a person, to serve someone with unreasonable delay, or to overcharge, on the basis of colour, race, or ethnic or national origins. It also created the offence of "incitement to racial hatred". The first conviction under the Act came in October 1967, when a 17-year-old member of the National Socialist Party was found guilty of racial discrimination. The Act also prompted the creation of the Race Relations Board in 1966, which consisted of a chairman and two other members appointed by the Secretary of State. The Board was responsible for considering complaints under the Act, but it was limited to conciliation and securing assurances that discriminatory behaviour would not continue.
The Race Relations Act 1965 was repealed by the Race Relations Act 1976, which established the Commission for Racial Equality. The 1965 Act was also strengthened by the Race Relations Act of 1968, which extended the legislation to cover employment, housing, and advertising.
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Anti-discrimination laws in the EU
The first federal anti-discrimination order in the US was established by President Franklin Roosevelt, who issued Executive Order 8802 in 1930. This order prohibited discrimination in the public and private sectors and established the Fair Employment Practices Committee.
In the European Union, anti-discrimination laws are protected by the European Commission through various directives. The EU's anti-discrimination laws are founded on two main directives: Directive 2000/43/EC and Directive 2000/78/EC. These directives were agreed upon by all EU member states in 2000, and each member state was then obliged to incorporate these laws into their national legislation.
Directive 2000/43/EC prohibits all forms of discrimination based on race or ethnic origin in a variety of areas. This directive is enforced by the Dutch Constitution Law and the Wetboek van Strafrecht, which outlines specific articles against discrimination.
Directive 2000/78/EC prohibits all forms of discrimination in employment and occupation based on religion or convictions, disability, age, and sexual orientation. This directive is further supported by the Employment Equality Framework Directive, which establishes a general framework for equal treatment in employment and occupation.
Other directives include Directive 2004/113/EC, which ensures equal treatment for men and women in accessing and supplying goods and services, and Directive 2006/54/EC, which promotes equal treatment for men and women in matters of employment and occupation.
Article 21 of the Charter of Fundamental Rights of the European Union also plays a crucial role in anti-discrimination laws within the EU. It prohibits all discrimination, including on the basis of disability, age, and sexual orientation.
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Anti-discrimination laws in India
While researching the first anti-racism law, I found that the Civil Rights Act of 1957 was the first federal civil rights legislation since the Civil Rights Act of 1875 to become law. Later, in 1964, the Civil Rights Act was signed into law by President Lyndon Johnson, prohibiting discrimination in public places, providing for the integration of schools and other public facilities, and making employment discrimination illegal.
Now, moving on to anti-discrimination laws in India, the country does not have a single, comprehensive legislation on discriminatory practices in the workplace. Instead, various laws prohibit specific types of discrimination and protect vulnerable communities. Here are some key anti-discrimination laws in India:
Indian Penal Code, 1860 (Section 153 A)
This section of the Indian Penal Code criminalizes the use of language that promotes discrimination or violence against people based on race, caste, sex, place of birth, religion, gender identity, sexual orientation, or any other category.
Mental Healthcare Act, 2017
The Mental Healthcare Act prohibits the denial or refusal of access to mental healthcare facilities or services based on race, caste, religion, place of birth, sex, gender identity, sexual orientation, disability, or any other discriminatory factor.
Hindu Succession Act, 1956
The Hindu Succession Act abolished the "limited owner" status of women regarding property ownership. It was amended in 2004 to grant daughters equal inheritance rights with sons.
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
This Act specifically addresses discrimination and hate crimes based on caste.
Transgender Persons (Protection of Rights) Act, 2019
The Transgender Persons Act tackles discrimination and hate crimes faced by individuals based on their gender identity and expression.
Rights of Persons with Disabilities Act, 2016
This Act prohibits discrimination and violence against people with physical and/or mental disabilities.
Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
Commonly known as the HIV and AIDS Act, this legislation prohibits discrimination against individuals with HIV/AIDS.
Sexual Harassment of Women (SHW) Act
While not an anti-discrimination law in the strictest sense, the SHW Act recognizes that women may be particularly vulnerable to workplace discrimination and harassment. It provides a detailed complaint and inquiry mechanism for sexual harassment complaints in the workplace.
Equal Remuneration Act, 1976
The Equal Remuneration Act guarantees equal pay for equal work for men and women, addressing wage discrimination based on gender.
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Frequently asked questions
The Civil Rights Act of 1964 was passed on July 2, 1964, by President Lyndon Johnson. It was the most sweeping civil rights legislation since Reconstruction, prohibiting discrimination based on race, colour, religion, sex, and national origin.
The Civil Rights Act of 1964 was the first comprehensive anti-racism law in the US. It was the result of years of activism and struggle, including the NAACP's fight for a federal anti-lynching law in the 1920s and 1930s.
The Civil Rights Act of 1964 ended the application of "Jim Crow" laws, outlawed segregation in businesses such as theatres, restaurants, and hotels, banned discriminatory practices in employment, and ended segregation in public places such as schools, swimming pools, and libraries. It also provided for the integration of schools and other public facilities and made employment discrimination illegal.
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