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Issues about substantive equality have been raised about the skin color of runway models at the São Paulo Fashion Week and in 2009 quotas requiring that at least 10 percent of models be "black or indigenous" were imposed as a substantive way to counteract a "bias towards white models", according to one account.^[1]

Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society.^[2]^[3] Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.^[4]^[3]^[5]

Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, and access to goods and services.^[3] Substantive equality is primarily achieved by implementing special measures^[6] in order to assist or advance the lives of disadvantaged individuals. Such measures are aimed at ensuring that they are given the same outcomes as everyone else.^[2]

Substantive equality is distinct to formal equal opportunity, which ensures equal opportunity based on meritocracy, but not equal outcomes for subgroups.^[7]

Substantive equality can include affirmative action and quota systems including gender quotas and racial quotas.

Definition[edit]

Substantive equality has been criticized for not having a clear definition. Sandra Fredman has argued that substantive equality should be viewed as a four-dimensional concept of recognition, redistribution, participation, and transformation.^[8] The redistributive dimension seeks to redress disadvantage through affirmative action, while the recognition dimension aims to promote the right to equality and identify the stereotypes, prejudice and violence that affect marginalized and disadvantaged individuals.^[8] The participative dimension uses Ely's insight^{[clarification needed]} to argue that judicial review must compensate marginalized individuals for their lack of political power.^[9]^[8] The participative dimension may also implement positive duties to ensure that all those affected by discrimination can be active members of society.^[8] Lastly, the transformative dimension recognizes that equality is not achieved through equal treatment and that the societal structures which reinforce disadvantage and discrimination must be modified or transformed to accommodate difference.^[8] The transformative dimension may use both positive and negative duties to redress disadvantage.^[8] Fredman advocates for a four-dimensional approach to substantive equality as a way to address the criticisms and limitations it faces due to the lack of agreement on its definition by scholars.^[8]

History[edit]

A marble bust of Aristotle. He has a full beard and short, combed-forward hair, and is wearing a yellow alabaster mantle. — Aristotle was the first to make the connection between equality and justice.

Aristotle was the first philosopher to articulate the connection between equality and justice. Aristotle believed equals were to be treated alike and unequals in an unlike manner.^[10] Aristotle's notion of equality influenced the conception of formal equality in western jurisprudence. Formal equality advocates for the neutral treatment of all people based on the norms of the dominant group in society.^[5] During the late 20th century, substantive equality originated in opposition to formal equality.^[10] This approach was inspired by early landmark constitutional cases in the United States, which broke away from formal approaches to equality in favor of a more substantive process. For example, in Brown v. Board of Education (1954) the US Supreme Court deemed it unlawful to segregate children's access to education on the basis of race.^[10] This case was influential in transforming US anti-discrimination laws as it sought equitable outcomes for African Americans.^[10] The substantive approach rejects earlier notions that claimed social, political, economic, and historical differences were a legitimate justification for the differential treatment of marginalised and disadvantaged groups in society.^[11]

The substantive approach to equality is entrenched in human rights treaties, laws, and jurisprudence, which is then adopted and implemented by nation states and private actors. This is present in Article 14 of the European Convention on Human Rights (ECHR), which states that:

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.^[8]^: 275

Article 14 prohibits discrimination in all aspects of public life on the basis of nominated attributes. Although Article 14 fails to mention discrimination on the basis of sexuality, age, and disability, recent developments in case law have shown that these grounds are illustrative but not exhaustive and can extend to include these factors.^[8] Nation states that have signed and ratified the ECHR have an obligation to enact legislation preventing discrimination by using special measures to protect and advance the lives of disadvantaged and marginalized individuals in society. Article 1(4) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines special measures as, "securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination".^[2]^: 9

These two articles are the fundamental principles that define the practice of substantive equality. Failure to enact substantive legislation by signatories may result in heavy sanctions and scrutiny from the international community.

National approaches[edit]

Australia[edit]

Anti-discrimination laws in Australia are enacted by commonwealth, state, and territory parliaments and are then interpreted by courts and tribunals.^[12] These laws are covered under the following four key commonwealth statutes: the Racial Discrimination Act (1975), Sex Discrimination Act (1984), Disability Discrimination Act (1992), and Age Discrimination Act (2004).^[12]

All Australian states and territories have enacted a statute (variously called the anti-discrimination act) which prohibits all forms of discrimination in public life on the basis of nominated attributes identified in Article 26 of the International Covenant on Civil and Political Rights (ICCPR).^[12] This statute makes it unlawful to discriminate against others both directly (when a person is treated unfairly) or indirectly (when something is fair in form but discriminatory in practice).^[12] For example, indirect discrimination may occur in the workforce when employees are expected to comply with a condition or requirement of the job (i.e. height restrictions) but are unable to meet them because they are unreasonable or unfair.^[13]^[12] Compliance with anti-discrimination laws is enforceable through civil proceedings, which may result in heavy fines or penalties. These laws have been criticized for focusing too much on compensation and not enough on preventing discrimination from occurring.^[12]

These anti-discrimination laws use substantive measures by promoting equal outcomes and implementing special measures identified in ICERD Article 1(4) to overcome discrimination. Private actors, organizations, and governments use special measures in the form of affirmative action programs to ensure disadvantaged individuals are given the same outcomes as everyone else. The Australian government has identified women, Aboriginal and Torres Strait Islanders, people with disabilities, and non-English speaking migrants as high-priority groups for the administration of special measures programs.^[3] The Northern Territory government has recognized Aboriginal and Torres Strait Islanders, and people with disabilities as high-priority groups for their affirmative action programs by focusing on employment outcomes and employment representations for these groups.^[3] These programs use substantive measures as they acknowledge that there is a need to treat people differently by prioritizing these groups as they have been unfairly discriminated upon. For example, in 2011 the Australian Bureau of Statistics reported that Indigenous peoples were 3 times more likely to be unemployed than non-indigenous people.^[14] This demonstrates the need for affirmative action policies to protect and advance the lives of Aboriginal people, as they do not have the same outcomes of employment.^[14]

European Union[edit]

The substantive equality embraced by Court of Justice of the European Union focuses on equality of outcomes for group characteristics and group outcomes.^[15]

Notable cases[edit]

Canada[edit]

R v Kapp 2008 SCC 41[edit]

The case of R v Kapp was instrumental in shifting the focus from formal equality to substantive equality in Canadian jurisprudence. In 1998, the Canadian government granted a communal fishing license exclusively to members of three Aboriginal bands for a period of 24 hours in the Fraser river that allowed them the right to fish and sell their catch.^[16] The appellants consisted mainly of a group of non-Aboriginal commercial fishermen who protested against the license and were subsequently charged with fishing at a prohibited time.^[16] The fishermen argued that they were being unfairly discriminated against on the basis of race under section 15(1) of the Canadian Charter of Rights and Freedoms.^[16] However, the Crown upheld the decision that the government did not violate section 15 of the charter,^[16] and found that decision could not be discriminatory as section 15(1) and 15(2) work together to prevent discrimination and protect vulnerable individuals in society.^[17] Section 15(1) aims to prevent discrimination against marginalized and disadvantaged groups, while section 15(2) aims to combat discrimination through affirmative action.^[17] The Crown dismissed the appeal as under section 15(2) the Government has the power to implement affirmative action programs in order to advance the aboriginal bands access to jobs and resources.^[18] The law can be understood as using substantive measures in R v Kapp as it recognizes that equal treatment (formal equal opportunity) does not result in the same opportunities across groups.^[16]^[17] Instead, the law acknowledged that substantive equality is necessary to ensure the development of disadvantaged and marginalized individual's access to equality of outcomes.

New Zealand[edit]

Z v Z (no 2) (1997) 2NZLR 258 (CA)[edit]

The case of Z v Z highlighted the issues with equal sharing of relationship property at the end of a relationship. In this case, the couple had been married for 28 years.^[19] During this time the primary caregiver Mrs Z gave up her career to care for the couple's children.^[19] At the end of the relationship, the couple had a property valued at NZ$900,000. Mr Z was on a salary of over $300,000 per annum, while Mr Z received $7,000 in assistance from the government.^[19] In Z v Z, the court failed to protect the primary caregiver by not taking into account her future earning capacity and her past sacrifices.^[19] The Property (relationships) Amendment Act (2001) was introduced to rectify the problems of equal sharing highlighted in Z v Z.^[19] The property act uses substantive equality to recognize that equal treatment can lead to disadvantage. The act recognizes the impact relationships can have on the earning capacities of individuals and it aims to place them in more substantive position at the end of the relationship.^[19] However, the property act has been criticized for its ability to achieve substantive equality, as it does not state how economic disparity should be quantified.^[19] Scholars have argued that it does not protect the most vulnerable as it is skewed towards relationships with high incomes because it is more difficult to establish an economic disparity in lower income cases.^[19]

Criticism[edit]

Substantive equality has been criticized in the past for its vague definition and its tenuous ability to help combat discrimination for marginalized and disadvantaged individuals.^[8] Scholars have argued that the meaning of substantive equality remains elusive, which makes it difficult to implement change due to the lack of consensus. The meaning of equality itself has been labeled as subjective as there are too many conflicting opinions within society to find one underlying definition.^[8]^[11] Substantive equality has also been criticized for its lack of ability to protect individuals from discrimination and for placing too much emphasis on compensation rather than preventing discrimination from occurring.^[12] Welfare and affirmative action programs have been recognized as areas of concern, as the way in which they are delivered can be discriminatory in nature because they can reinforce and perpetuate stigmas that are held within society.^[8] Substantive equality is a well contested concept in which scholars, nations, and the law must work together in order to agree on a definition and appropriate framework for implementation.^[8]

References[edit]

^ "Brazil fashion week goes equal opportunity". The Daily Telegraph. June 20, 2009. Retrieved 2011-09-08.
^ ^a ^b ^c Cusack, Simone; Ball, Rachel (July 2009). Eliminating Discrimination and Ensuring Substantive Equality (PDF) (Report). Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd. Archived from the original (PDF) on 2022-06-06.
^ ^a ^b ^c ^d ^e "What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.
^ "systematic discrimination". Archived from the original on 2019-01-19. Retrieved 2018-11-20.
^ ^a ^b Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57.
^ special measures
^ De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.
^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l ^m Fredman, Sandra (2016-04-16). "Emerging from the Shadows: Substantive Equality and Article 14 of the European Convention on Human Rights" (PDF). Human Rights Law Review. 16 (2): 273–301. doi:10.1093/hrlr/ngw001. ISSN 1461-7781. S2CID 148303122. Archived from the original (PDF) on 2020-02-12.
^ Ely, John Hart (1980). Democracy and distrust : a theory of judicial review. Cambridge: Harvard University Press. ISBN 978-0674196360. OCLC 5333737.
^ ^a ^b ^c ^d Goonesekere, Savitri W.E (2011). The Concept of Substantive Equality and Gender in South East Asia. United Nations Entity for Gender Equality and the Empowerment of Women.
^ ^a ^b Law commission of Ontario (2012). Principles for the Law as it Affects Persons with Disabilities. Law commission of Ontario. ISBN 978-1-926661-38-4
^ ^a ^b ^c ^d ^e ^f ^g Rees, Neil; Rice, Simon; Allen, Dominique (2018). Australian anti-discrimination and equal opportunity law. Federation Press. ISBN 9781760021559. OCLC 1005961080.
^ indirect discrimination
^ ^a ^b Dillon Sarah, Nissim, Rivkah (2015). "Targeted Recruitment of Aboriginal and Torres Strait Islander People: a Guideline for Employers". Australian Human Rights Commission. ISBN 978-1-921449-75-8
^ De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.
^ ^a ^b ^c ^d ^e Moreau, Sophia (2009). "R. V. Kapp: New Directions for Section 15" (PDF). Ottawa Law Review. 40 (2): 283–299.
^ ^a ^b ^c TREMBLAY, LUC B. (2012). "Promoting Equality and Combating Discrimination Through Affirmative Action: The Same Challenge? Questioning the Canadian Substantive Equality Paradigm". The American Journal of Comparative Law. 60 (1): 181–204. doi:10.5131/AJCL.2011.0025. JSTOR 23251953.
^ Richez, Emmanuelle (2013). "The Case of Canada". Australian Indigenous Law Review. 17 (2): 26–46. JSTOR 26423266.
^ ^a ^b ^c ^d ^e ^f ^g ^h Garland, Fae (2014-11-01). "Section 15 Property (Relationships) Act 1976: Compensation, Substantive Equality and Empirical Realities: English". New Zealand Law Review. 2014 (3): 355–381. ISSN 1173-5864.

[twsH43-1] "Brazil fashion week goes equal opportunity". The Daily Telegraph. June 20, 2009. Retrieved 2011-09-08.

[:1-2] Cusack, Simone; Ball, Rachel (July 2009). Eliminating Discrimination and Ensuring Substantive Equality (PDF) (Report). Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd. Archived from the original (PDF) on 2022-06-06.

[:2-3] "What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.

[4] "systematic discrimination". Archived from the original on 2019-01-19. Retrieved 2018-11-20.

[:3-5] Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57.

[6] special measures

[EU-7] De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.

[:4-8] ^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l ^m Fredman, Sandra (2016-04-16). "Emerging from the Shadows: Substantive Equality and Article 14 of the European Convention on Human Rights" (PDF). Human Rights Law Review. 16 (2): 273–301. doi:10.1093/hrlr/ngw001. ISSN 1461-7781. S2CID 148303122. Archived from the original (PDF) on 2020-02-12.

[9] Ely, John Hart (1980). Democracy and distrust : a theory of judicial review. Cambridge: Harvard University Press. ISBN 978-0674196360. OCLC 5333737.

[:5-10] Goonesekere, Savitri W.E (2011). The Concept of Substantive Equality and Gender in South East Asia. United Nations Entity for Gender Equality and the Empowerment of Women.

[:6-11] Law commission of Ontario (2012). Principles for the Law as it Affects Persons with Disabilities. Law commission of Ontario. ISBN 978-1-926661-38-4

[:7-12] ^ ^a ^b ^c ^d ^e ^f ^g Rees, Neil; Rice, Simon; Allen, Dominique (2018). Australian anti-discrimination and equal opportunity law. Federation Press. ISBN 9781760021559. OCLC 1005961080.

[13] rect discrimination

[:8-14] Dillon Sarah, Nissim, Rivkah (2015). "Targeted Recruitment of Aboriginal and Torres Strait Islander People: a Guideline for Employers". Australian Human Rights Commission. ISBN 978-1-921449-75-8

[15] De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.

[:9-16] Moreau, Sophia (2009). "R. V. Kapp: New Directions for Section 15" (PDF). Ottawa Law Review. 40 (2): 283–299.

[:10-17] TREMBLAY, LUC B. (2012). "Promoting Equality and Combating Discrimination Through Affirmative Action: The Same Challenge? Questioning the Canadian Substantive Equality Paradigm". The American Journal of Comparative Law. 60 (1): 181–204. doi:10.5131/AJCL.2011.0025. JSTOR 23251953.

[18] Richez, Emmanuelle (2013). "The Case of Canada". Australian Indigenous Law Review. 17 (2): 26–46. JSTOR 26423266.

[:11-19] ^ ^a ^b ^c ^d ^e ^f ^g ^h Garland, Fae (2014-11-01). "Section 15 Property (Relationships) Act 1976: Compensation, Substantive Equality and Empirical Realities: English". New Zealand Law Review. 2014 (3): 355–381. ISSN 1173-5864.

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@@ Line 1: / Line 1: @@
-{{EngvarB|date=January 2019}}{{Short description|Concept of equality before the law}}{{Use mdy dates|date=January 2019}}{{Multiple issues|{{copy edit|date=October 2018}}{{globalize|date=October 2018}}}}
+{{Short description|Concept of equality of outcome for groups}}
+{{EngvarB|date=January 2019}}
+{{globalize|date=October 2018}}
+[[File:Daiane Conterato2 crop.jpg|thumb|Issues about substantive equality have been raised about the skin color of runway models at the [[São Paulo Fashion Week]] and in 2009 quotas requiring that at least 10 percent of models be "black or indigenous" were imposed as a substantive way to counteract a "bias towards white models", according to one account.<ref name=twsH43>{{cite news|title= Brazil fashion week goes equal opportunity|newspaper= The Daily Telegraph|date= June 20, 2009|url= http://www.dailytelegraph.com.au/lifestyle/news/brazil-fashion-week-goes-equal-opportunity/story-e6frf00r-1225737622432|access-date= 2011-09-08}}</ref>]]
+'''Substantive equality''' is a [[substantive law]] on [[Human Rights Law|human rights]] that is concerned with [[equality of outcome]] for disadvantaged and marginalized people and groups and generally all subgroups in society.<ref name=":1">{{cite report |last1=Cusack |first1=Simone |last2=Ball |first2=Rachel |date=July 2009 |title=Eliminating Discrimination and Ensuring Substantive Equality |publisher=Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd|url=https://www.parliament.vic.gov.au/archive/sarc/EOA_exempt_except/submissions/676%20-%20PILCH%20&%20HRLRC%20-%2010.07.09.pdf|url-status=dead |archive-url=http://web.archive.org/web/20220606103935/https://www.parliament.vic.gov.au/archive/sarc/EOA_exempt_except/submissions/676%20-%20PILCH%20&%20HRLRC%20-%2010.07.09.pdf|archive-date=2022-06-06}}</ref><ref name=":2">"What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.</ref> Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing [[Institutionalized discrimination|systemic discrimination]].<ref>{{Cite web |url=https://www.eeoc.gov/eeoc/systemic/index.cfm |title=systematic discrimination |access-date=2018-11-20 |archive-date=2019-01-19 |archive-url=https://web.archive.org/web/20190119204725/https://www.eeoc.gov/eeoc/systemic/index.cfm |url-status=dead }}</ref><ref name=":2" /><ref name=":3">Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57.</ref>
-'''Substantive equality''' is a fundamental aspect of [[Human Rights Law|human rights law]] that is concerned with equitable outcomes and [[Equal opportunity|equal opportunities]] for disadvantaged and marginalized people and groups in society.<ref name=":1">Cusack, Simone, Ball, Rachel (2009) Eliminating Discrimination and Ensuring Substantive Equality. Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd.</ref><ref name=":2">"What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.</ref> Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing [https://www.eeoc.gov/eeoc/systemic/index.cfm systematic discrimination].<ref name=":2" /><ref name=":3">Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57.</ref> Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, opportunities, and access to goods and services.<ref name=":2" /> Substantive equality is primarily achieved by implementing [https://www.humanrights.gov.au/quick-guide/12099 special measures] in order to assist or advance the lives of disadvantaged individuals. Such measures are aimed at ensuring that they are given the same opportunities as everyone else.<ref name=":1" />{{Userspace draft|source=ArticleWizard|date=September 2018}}
+Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, and access to goods and services.<ref name=":2" /> Substantive equality is primarily achieved by implementing special measures<ref>[https://www.humanrights.gov.au/quick-guide/12099 special measures]</ref> in order to assist or advance the lives of disadvantaged individuals. Such measures are aimed at ensuring that they are given the same outcomes as everyone else.<ref name=":1" />
+Substantive equality is distinct to formal [[equal opportunity]], which ensures equal opportunity based on [[meritocracy]], but not equal outcomes for subgroups.<ref name="EU">[https://doi.org/10.1177/1358229120927947 De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.]</ref>
+Substantive equality can include [[affirmative action]] and [[Quotaism|quota systems]] including [[gender quota]]s and [[racial quota]]s.
 == Definition ==
-Substantive equality has been criticized for not having a clear definition. [[Sandra Fredman]] has however argued that substantive equality should be viewed as a four dimensional concept of recognition, redistribution, participation, and transformation.<ref name=":4">{{Cite journal|last=Fredman|first=Sandra|date=2016-04-16|title=Emerging from the Shadows: Substantive Equality and Article 14 of the European Convention on Human Rights|url=https://academic.oup.com/hrlr/article/16/2/273/2356204|journal=Human Rights Law Review|language=en|volume=16|issue=2|pages=273–301|doi=10.1093/hrlr/ngw001|issn=1461-7781}}</ref> The redistributive dimension seeks to redress disadvantage through affirmative action, while the recognition dimension aims to promote the right to equality and identify the stereotypes, prejudice and violence that affect marginalized and disadvantaged individuals.<ref name=":4" /> The participative dimension uses Ely's insight to argue that [[judicial review]] must compensate marginalized individuals for their lack of political power.<ref>{{Cite book|url=https://www.worldcat.org/oclc/5333737|title=Democracy and distrust : a theory of judicial review|last=1938-|first=Ely, John Hart,|date=1980|publisher=Harvard University Press|isbn=0674196368|location=Cambridge|oclc=5333737}}</ref><ref name=":4" /> The participative dimension may also implement positive duties to ensure that all those affected by discrimination can be active members of society.<ref name=":4" /> Lastly, the transformative dimension recognizes that equality is not achieved through equal treatment and that the societal structures which reinforce disadvantage and discrimination must be modified or transformed to accommodate difference.<ref name=":4" /> The transformative dimension may use both [http://www.newworldencyclopedia.org/entry/Duty#Positive_and_negative_duties positive and negative duties] to redress disadvantage.<ref name=":4" /> Fredman advocates for a four-dimensional approach to substantive equality as a way to address the criticisms and limitations it faces due to the lack of agreement on its definition by scholars.<ref name=":4" />
+Substantive equality has been criticized for not having a clear definition. [[Sandra Fredman]] has argued that substantive equality should be viewed as a four-dimensional concept of recognition, redistribution, participation, and transformation.<ref name=":4">{{Cite journal|last=Fredman|first=Sandra|date=2016-04-16|title=Emerging from the Shadows: Substantive Equality and Article 14 of the European Convention on Human Rights|journal=Human Rights Law Review|language=en|volume=16|issue=2|pages=273–301|doi=10.1093/hrlr/ngw001|s2cid=148303122 |issn=1461-7781|url=https://pdfs.semanticscholar.org/574c/c718ce04bb9e95a992bef6769e173d253ef3.pdf|archive-url=https://web.archive.org/web/20200212133920/https://pdfs.semanticscholar.org/574c/c718ce04bb9e95a992bef6769e173d253ef3.pdf|url-status=dead|archive-date=2020-02-12}}</ref> The redistributive dimension seeks to redress disadvantage through affirmative action, while the recognition dimension aims to promote the right to equality and identify the stereotypes, prejudice and violence that affect marginalized and disadvantaged individuals.<ref name=":4" /> The participative dimension uses Ely's insight{{clarify|date=March 2019}} to argue that [[judicial review]] must compensate marginalized individuals for their lack of political power.<ref>{{Cite book|title=Democracy and distrust : a theory of judicial review|author=Ely, John Hart|date=1980|publisher=Harvard University Press|isbn=978-0674196360|location=Cambridge|oclc=5333737}}</ref><ref name=":4" /> The participative dimension may also implement positive duties to ensure that all those affected by discrimination can be active members of society.<ref name=":4" /> Lastly, the transformative dimension recognizes that equality is not achieved through equal treatment and that the societal structures which reinforce disadvantage and discrimination must be modified or transformed to accommodate difference.<ref name=":4" /> The transformative dimension may use both positive and negative duties to redress disadvantage.<ref name=":4" /> Fredman advocates for a four-dimensional approach to substantive equality as a way to address the criticisms and limitations it faces due to the lack of agreement on its definition by scholars.<ref name=":4" />
 == History ==
 [[File:Aristotle Altemps Inv8575.jpg|thumb|alt=A marble bust of Aristotle. He has a full beard and short, combed-forward hair, and is wearing a yellow alabaster mantle.|Aristotle was the first to make the connection between equality and justice.]]
-[[Aristotle]] was the first philosopher to articulate the connection between equality and justice. Aristotle believed equals were to be treated alike and unequals in an unlike manner.<ref name=":5">Goonesekere, Savitri W.E (2011). The Concept of Substantive Equality and Gender in South East Asia. United Nations Entity for Gender Equality and the Empowerment of Women.</ref> Aristotle's notion of equality influenced the conception of formal equality in western jurisprudence. Formal equality advocates for the neutral treatment of all people based on the norms of the dominant group in society.<ref name=":3" /> Substantive equality originated in western jurisprudence and politics in opposition to formal equality during the late 20th century.<ref name=":5" /> This approach was inspired by early landmark constitutional cases in America, which broke away from formal approaches to equality in favor of a more substantive process. For example, in [[Brown v. Board of Education|''Brown v. Board of Education'']] (1954) the [[Supreme Court of the United States|United States Supreme Court]] deemed it unlawful to [[Segregated education|segregate]] children’s access to education on the basis of race.<ref name=":5" /> This case was influential in transforming America’s anti-discrimination laws as it sought equitable outcomes and equal opportunities for [[African Americans]].<ref name=":5" /> The substantive approach rejects earlier notions that claimed social, political, economic, and historical differences were a legitimate justification for the differential treatment of marginalised and disadvantaged groups in society.<ref name=":6">Law commission of Ontario (2012). Principles for the Law as it Affects Persons with Disabilities. Law commission of Ontario. {{ISBN|978-1-926661-38-4}}</ref>
+[[Aristotle]] was the first philosopher to articulate the connection between equality and justice. Aristotle believed equals were to be treated alike and unequals in an unlike manner.<ref name=":5">Goonesekere, Savitri W.E (2011). The Concept of Substantive Equality and Gender in South East Asia. United Nations Entity for Gender Equality and the Empowerment of Women.</ref> Aristotle's notion of equality influenced the conception of formal equality in western [[jurisprudence]]. Formal equality advocates for the neutral treatment of all people based on the norms of the dominant group in society.<ref name=":3" /> During the late 20th century, substantive equality originated in opposition to formal equality.<ref name=":5" /> This approach was inspired by early landmark constitutional cases in the United States, which broke away from formal approaches to equality in favor of a more substantive process. For example, in ''[[Brown v. Board of Education]]'' (1954) the [[Supreme Court of the United States|US Supreme Court]] deemed it unlawful to [[Segregated education|segregate]] children's access to education on the basis of race.<ref name=":5" /> This case was influential in transforming US anti-discrimination laws as it sought equitable outcomes for [[African Americans]].<ref name=":5" /> The substantive approach rejects earlier notions that claimed social, political, economic, and historical differences were a legitimate justification for the differential treatment of marginalised and disadvantaged groups in society.<ref name=":6">Law commission of Ontario (2012). Principles for the Law as it Affects Persons with Disabilities. Law commission of Ontario. {{ISBN|978-1-926661-38-4}}</ref>
-The substantive approach to equality is entrenched in human rights treaties, laws, and jurisprudence, which is then adopted and implemented by nation states and private actors. This is present in Article 14 of the [[European Convention on Human Rights|ECHR]], which states that: <blockquote>"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status".<ref name=":4" /> (275)</blockquote>Article 14 prohibits discrimination in all aspects of public life on the basis of nominated attributes. Although article 14 fails to mention discrimination on the basis of sexuality, age, and disability recent developments in case law have shown that these grounds are illustrative but not exhaustive and can extend to include these factors.<ref name=":4" /> Nation states that have signed and ratified the ECHR have an obligation to enact legislation preventing discrimination by using special measures to protect and advance the lives of disadvantaged and marginalized individuals in society. Article 1(4) of the [[International Convention on the Elimination of All Forms of Racial Discrimination|ICERD]] defines special measures as, "securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination".<ref name=":1" /> (9) These two articles are the fundamental principles that define the practice of substantive equality. Failure to enact substantive legislation by signatories may result in heavy sanctions and scrutiny from the international community.
+The substantive approach to equality is entrenched in human rights treaties, laws, and jurisprudence, which is then adopted and implemented by nation states and private actors. This is present in Article&nbsp;14 of the [[European Convention on Human Rights]] (ECHR), which states that: {{blockquote|text=The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.<ref name=":4" />{{rp|275}}}}Article 14 prohibits discrimination in all aspects of public life on the basis of nominated attributes. Although Article&nbsp;14 fails to mention discrimination on the basis of sexuality, age, and disability, recent developments in case law have shown that these grounds are illustrative but not exhaustive and can extend to include these factors.<ref name=":4" /> Nation states that have signed and ratified the ECHR have an obligation to enact legislation preventing discrimination by using special measures to protect and advance the lives of disadvantaged and marginalized individuals in society. Article&nbsp;1(4) of the [[International Convention on the Elimination of All Forms of Racial Discrimination]] (ICERD) defines ''special measures'' as, "securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination".<ref name=":1" />{{rp|9}}
+These two articles are the fundamental principles that define the practice of substantive equality. Failure to enact substantive legislation by signatories may result in heavy sanctions and scrutiny from the international community.
 == National approaches ==
 === Australia ===
-Substantive equality is made apparent through the anti-discrimination laws of Australia, which aim to protect and advance the lives of marginalized and disadvantaged individuals. Anti-discrimination laws are enacted by commonwealth, state, and territory parliaments and are then interpreted by courts and tribunals.<ref name=":7">{{Cite book|url=https://www.worldcat.org/title/australian-anti-discrimination-and-equal-opportunity-law/oclc/1005961080|title=Australian anti-discrimination and equal opportunity law|last=Rees|first=Neil|last2=Rice|first2=Simon|last3=Allen|first3=Dominique|date=2018|isbn=9781760021559|language=English}}</ref> These laws are covered under the following four key commonwealth statutes: the [[Racial Discrimination Act 1975|Racial Discrimination Act (1975)]], [[Sex Discrimination Act 1984|Sex Discrimination Act (1984)]], [[Disability Discrimination Act 1992|Disability Discrimination Act (1992)]], and [[Age Discrimination Act 2004|Age Discrimination Act (2004)]].<ref name=":7" />
+[[Anti-discrimination laws in Australia]] are enacted by commonwealth, state, and territory parliaments and are then interpreted by courts and tribunals.<ref name=":7">{{Cite book|title=Australian anti-discrimination and equal opportunity law|last1=Rees|first1=Neil|last2=Rice|first2=Simon|last3=Allen|first3=Dominique|date=2018|publisher=Federation Press |isbn=9781760021559|language=en|oclc = 1005961080}}</ref> These laws are covered under the following four key commonwealth statutes: the [[Racial Discrimination Act 1975|Racial Discrimination Act (1975)]], [[Sex Discrimination Act 1984|Sex Discrimination Act (1984)]], [[Disability Discrimination Act 1992|Disability Discrimination Act (1992)]], and [[Age Discrimination Act 2004|Age Discrimination Act (2004)]].<ref name=":7" />
-All Australian states and territories have enacted one statute called the [[Anti-discrimination laws in Australia|anti-discrimination]] or equal opportunities act which prohibits all forms of discrimination in public life on the basis of nominated attributes identified in Article 26 of the ICCPR.<ref name=":7" /> This statute makes it unlawful to discriminate against others both directly, which is when a person is treated unfairly based on a nominated attribute, or indirectly which occurs when something is fair in form but discriminatory in practice.<ref name=":7" /> For example, [https://www.humanrights.gov.au/quick-guide/12049 indirect discrimination] may occur in the workforce when employees or potential employees are expected to comply with a condition or requirement of the job (i.e. height restrictions) but are unable to meet them because they are unreasonable or unfair.<ref name=":7" /> Failure to comply to anti-discrimination laws are enforceable in civil proceedings which may result in heavy fines or penalties. However, these laws have been criticized for focusing too much on compensation and not enough on preventing discrimination from occurring.<ref name=":7" />
+All Australian states and territories have enacted a statute (variously called the anti-discrimination act) which prohibits all forms of discrimination in public life on the basis of nominated attributes identified in Article&nbsp;26 of the [[International Covenant on Civil and Political Rights]] (ICCPR).<ref name=":7" /> This statute makes it unlawful to discriminate against others both directly (when a person is treated unfairly) or indirectly (when something is fair in form but discriminatory in practice).<ref name=":7" /> For example, indirect discrimination may occur in the workforce when employees are expected to comply with a condition or requirement of the job (i.e. height restrictions) but are unable to meet them because they are unreasonable or unfair.<ref>[https://www.humanrights.gov.au/quick-guide/12049 indirect discrimination]</ref><ref name=":7" /> Compliance with anti-discrimination laws is enforceable through civil proceedings, which may result in heavy fines or penalties. These laws have been criticized for focusing too much on compensation and not enough on preventing discrimination from occurring.<ref name=":7" />
-Anti-discrimination laws use substantive measures by promoting equal opportunities and implementing special measures identified in Article 1(4) [[International Convention on the Elimination of All Forms of Racial Discrimination|ICERD]] to overcome discrimination in the Australian society. Private actors, organizations, and governments use special measures in the form of [[affirmative action]] programs to ensure disadvantaged individuals are given the same opportunities as everyone else. The Australian government has identified women, [[Aboriginal Australians|Aboriginal]] and [[Torres Strait Islanders]], people with disabilities, and non-English speaking migrants as high priority groups for the administration of special measures programs.<ref name=":2" /> The [[Northern Territory]] government has recognized Aboriginal and Torres Strait Islanders, and people with disabilities as high priority groups for their affirmative action programs by focusing on employment opportunities for these groups.<ref name=":2" /> These programs use substantive measures as they acknowledge that there is a need to treat people differently by prioritizing these groups as they have been unfairly discriminated upon. For example, in 2011 the [[Australian Bureau of Statistics|ABS]] reported that Indigenous peoples were 3 times more likely to be unemployed than non-indigenous people.<ref name=":8">Dillon Sarah, Nissim, Rivkah (2015). "Targeted Recruitment of Aboriginal and Torres Strait Islander People: a Guideline for Employers". Australian Human Rights Commission. {{ISBN|978-1-921449-75-8}}</ref> This demonstrates the need for affirmative action policies to protect and advance the lives of Aboriginal people, as they do not have the same access or opportunities to employment.<ref name=":8" />
+These anti-discrimination laws use substantive measures by promoting equal outcomes and implementing special measures identified in ICERD Article&nbsp;1(4) to overcome discrimination. Private actors, organizations, and governments use special measures in the form of [[affirmative action]] programs to ensure disadvantaged individuals are given the same outcomes as everyone else. The Australian government has identified women, [[Aboriginal Australians|Aboriginal]] and [[Torres Strait Islanders]], people with disabilities, and non-English speaking migrants as high-priority groups for the administration of special measures programs.<ref name=":2" /> The [[Northern Territory]] government has recognized Aboriginal and Torres Strait Islanders, and people with disabilities as high-priority groups for their affirmative action programs by focusing on employment outcomes and employment representations for these groups.<ref name=":2" /> These programs use substantive measures as they acknowledge that there is a need to treat people differently by prioritizing these groups as they have been unfairly discriminated upon. For example, in 2011 the [[Australian Bureau of Statistics]] reported that Indigenous peoples were 3 times more likely to be unemployed than non-indigenous people.<ref name=":8">Dillon Sarah, Nissim, Rivkah (2015). "Targeted Recruitment of Aboriginal and Torres Strait Islander People: a Guideline for Employers". Australian Human Rights Commission. {{ISBN|978-1-921449-75-8}}</ref> This demonstrates the need for affirmative action policies to protect and advance the lives of Aboriginal people, as they do not have the same outcomes of employment.<ref name=":8" />
-=== Canada ===
+===European Union===
+The substantive equality embraced by [[Court of Justice of the European Union]] focuses on [[equality of outcome]]s for group characteristics and group outcomes.<ref>[https://doi.org/10.1177/1358229120927947 De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.]</ref>
-In Canada, the government of the [[Northwest Territories]] announced in October 2018 that it would be implementing two new programs to increase employment and pay rates for [[Indigenous peoples in Canada|Indigenous Canadian]] staff.<ref name=":0" /> The first, Indigenous career gateway program for entry-level staff, aims to increase the number of Indigenous people working for the territorial government. The second, Indigenous management development and training program, aims to help Indigenous government employees gain further training so that they can advance to higher-paid positions.<ref name=":0">{{Cite news|url=https://cabinradio.ca/10061/news/nwt-launches-two-new-indigenous-employment-programs/|title=NWT launches two new Indigenous employment programs|last=Williams|first=Ollie|date=2018|work=Cabin Radio|access-date=18 October 2018}}</ref>
-== Notable Cases ==
+== Notable cases ==
 === Canada ===
-==== R v Kapp 2008 SCC 41 ====
+==== ''R v Kapp'' 2008 SCC 41 ====
-The case of [[R v Kapp|''R v Kapp'']] was instrumental in shifting the focus from formal equality to substantive equality in Canadian jurisprudence. In 1998, the Canadian government granted a communal fishing license exclusively to members of three Aboriginal bands for a period of 24 hours in the [[Fraser River|Fraser river]] that allowed them the right to fish and sell their catch.<ref name=":9">{{Cite journal|last=Moreau|first=Sophia|date=2009|title=R. V. Kapp: New Directions for Section 15|url=https://commonlaw.uottawa.ca/ottawa-law-review/sites/commonlaw.uottawa.ca.ottawa-law-review/files/12_40ottawalrev2832008-2009.pdf|journal=Ottawa Law Review|volume=40:2|pages=283–299|via=}}</ref> The appellants consisted mainly of a group of non-Aboriginal commercial fishermen who protested against the license and were subsequently charged with fishing at a prohibited time.<ref name=":9" /> The fishermen argued that they were being unfairly discriminated against on the basis of race under section 15(1) of the [[Canadian Charter of Rights and Freedoms|Canadian charter of rights]].<ref name=":9" /> However, the crown upheld decision that the government did not violate section 15 of the charter.<ref name=":9" /> The crown found that decision could not be discriminatory as section 15(1) and 15(2) work together to prevent discrimination and protect vulnerable individuals in society.<ref name=":10">{{Cite journal|last=TREMBLAY|first=LUC B.|date=2012|title=Promoting Equality and Combating Discrimination Through Affirmative Action: The Same Challenge? Questioning the Canadian Substantive Equality Paradigm|url=http://www.jstor.org/stable/23251953|journal=The American Journal of Comparative Law|volume=60|issue=1|pages=181–204}}</ref> Section 15(1) aims to prevent discrimination against marginalized and disadvantaged groups, while section 15(2) aims to combat discrimination through affirmative action.<ref name=":10" /> The crown dismissed the appeal as under section 15(2) the Government has the power to implement affirmative action programs in order to advance the aboriginal bands access to jobs and resources.<ref>{{Cite journal|last=Richez|first=Emmanuelle|date=2013|title=RIGHTS-BASED JUDICIAL REVIEW AND SUBTANTIVE EQUALITY FOR ABORIGINAL PEOPLES: THE CASE OF CANADA|url=http://www.jstor.org/stable/26423266|journal=Australian Indigenous Law Review|volume=17|issue=2|pages=26–46}}</ref> The law can be understood as using substantive measures in R v Kapp as it recognizes that equal treatment does not result in the same opportunities across groups.<ref name=":9" /><ref name=":10" /> Instead, the law acknowledged that substantive equality is necessary to ensure the development of disadvantaged and marginalized individual’s access to opportunities.
+The case of ''[[R v Kapp]]'' was instrumental in shifting the focus from formal equality to substantive equality in Canadian jurisprudence. In 1998, the Canadian government granted a communal fishing license exclusively to members of three Aboriginal bands for a period of 24 hours in the [[Fraser River|Fraser river]] that allowed them the right to fish and sell their catch.<ref name=":9">{{Cite journal|last=Moreau|first=Sophia|date=2009|title=R. V. Kapp: New Directions for Section 15|url=https://commonlaw.uottawa.ca/ottawa-law-review/sites/commonlaw.uottawa.ca.ottawa-law-review/files/12_40ottawalrev2832008-2009.pdf|journal=Ottawa Law Review|volume=40|issue=2 |pages=283–299}}</ref> The appellants consisted mainly of a group of non-Aboriginal commercial fishermen who protested against the license and were subsequently charged with fishing at a prohibited time.<ref name=":9" /> The fishermen argued that they were being unfairly discriminated against on the basis of race under section&nbsp;15(1) of the [[Canadian Charter of Rights and Freedoms]].<ref name=":9" /> However, the Crown upheld the decision that the government did not violate section&nbsp;15 of the charter,<ref name=":9" /> and found that decision could not be discriminatory as section&nbsp;15(1) and 15(2) work together to prevent discrimination and protect vulnerable individuals in society.<ref name=":10">{{Cite journal|last=TREMBLAY|first=LUC B.|date=2012|title=Promoting Equality and Combating Discrimination Through Affirmative Action: The Same Challenge? Questioning the Canadian Substantive Equality Paradigm|journal=The American Journal of Comparative Law|volume=60|issue=1|pages=181–204|jstor=23251953|doi=10.5131/AJCL.2011.0025}}</ref> Section 15(1) aims to prevent discrimination against marginalized and disadvantaged groups, while section 15(2) aims to combat discrimination through affirmative action.<ref name=":10" /> The Crown dismissed the appeal as under section&nbsp;15(2) the Government has the power to implement affirmative action programs in order to advance the aboriginal bands access to jobs and resources.<ref>{{Cite journal|last=Richez|first=Emmanuelle|title=The Case of Canada |date=2013|journal=Australian Indigenous Law Review|volume=17|issue=2|pages=26–46|jstor=26423266}}</ref> The law can be understood as using substantive measures in ''R v Kapp'' as it recognizes that equal treatment (formal [[equal opportunity]]) does not result in the same opportunities across groups.<ref name=":9" /><ref name=":10" /> Instead, the law acknowledged that substantive equality is necessary to ensure the development of disadvantaged and marginalized individual's access to [[equality of outcome]]s.
 === New Zealand ===
-==== Z v Z (no 2) (1997) 2NZLR 258 (CA) ====
+==== ''Z v Z'' (no 2) (1997) 2NZLR 258 (CA) ====
-The seminal case of Z v Z highlighted the issues with equal sharing of relationship property at the end of a relationship. In this the case, the couple had been married for 28 years.<ref name=":11">{{Cite journal|last=Garland|first=Fae|date=2014-11-01|title=Section 15 Property (Relationships) Act 1976: Compensation, Substantive Equality and Empirical Realities: English|url=https://www.research.manchester.ac.uk/portal/en/publications/section-15-property-relationships-act-1976-compensation-substantive-equality-and-empirical-realities(c8c380d0-3090-4186-98f9-bd6694e1ffb3).html|journal=New Zealand Law Review|language=English|volume=2014|issue=3|pages=355–381|issn=1173-5864}}</ref> During this time the primary caregiver Mrs Z gave up her career to care for the couple's children.<ref name=":11" /> At the end of the relationship, the couple had a property valued at $900,000. Mr Z was on a salary of over $300,000 per annum, while Mr Z received $7,000 in assistance from the government.<ref name=":11" /> In Z v Z, the court failed to protect the primary caregiver by not taking into account her future earning capacity and her past sacrifices.<ref name=":11" /> The [[Property (Relationships) Act 1976|property (relationships) amendment act (2001)]] was introduced to rectify the problems of equal sharing highlighted in Z v Z.<ref name=":11" /> The property act uses substantive equality to recognize that equal treatment can lead to disadvantage. The act recognizes the impact relationships can have on the earning capacities of individuals and it aims to place them in more substantive position at the end of the relationship.<ref name=":11" /> However, the property act has been criticized for its ability to achieve substantive equality, as it does not state how economic disparity should be quantified.<ref name=":11" /> Scholars have argued that it does not protect the most vulnerable as it is skewed towards relationships with high incomes because it more difficult to establish an economic disparity in lower income cases.<ref name=":11" />
+The case of ''Z v Z'' highlighted the issues with equal sharing of relationship property at the end of a relationship. In this case, the couple had been married for 28&nbsp;years.<ref name=":11">{{Cite journal|last=Garland|first=Fae|date=2014-11-01|title=Section 15 Property (Relationships) Act 1976: Compensation, Substantive Equality and Empirical Realities: English|url=https://www.research.manchester.ac.uk/portal/en/publications/section-15-property-relationships-act-1976-compensation-substantive-equality-and-empirical-realities(c8c380d0-3090-4186-98f9-bd6694e1ffb3).html|journal=New Zealand Law Review|language=en|volume=2014|issue=3|pages=355–381|issn=1173-5864}}</ref> During this time the primary caregiver Mrs Z gave up her career to care for the couple's children.<ref name=":11" /> At the end of the relationship, the couple had a property valued at {{currency|900,000|NZD}}. Mr Z was on a salary of over $300,000 per annum, while Mr Z received $7,000 in assistance from the government.<ref name=":11" /> In ''Z v Z'', the court failed to protect the primary caregiver by not taking into account her future earning capacity and her past sacrifices.<ref name=":11" /> The [[Property (Relationships) Act 1976|Property (relationships) Amendment Act (2001)]] was introduced to rectify the problems of equal sharing highlighted in ''Z v Z''.<ref name=":11" /> The property act uses substantive equality to recognize that equal treatment can lead to disadvantage. The act recognizes the impact relationships can have on the earning capacities of individuals and it aims to place them in more substantive position at the end of the relationship.<ref name=":11" /> However, the property act has been criticized for its ability to achieve substantive equality, as it does not state how economic disparity should be quantified.<ref name=":11" /> Scholars have argued that it does not protect the most vulnerable as it is skewed towards relationships with high incomes because it is more difficult to establish an economic disparity in lower income cases.<ref name=":11" />
 == Criticism ==
-Substantive equality has been criticized in the past for its vague definition and its ability to help combat discrimination for marginalized and disadvantaged individuals.<ref name=":4" /> Scholars have argued that the meaning of substantive equality remains elusive, which makes it difficult to implement change due to the lack of consensus. The meaning of equality itself has been labeled as subjective as there are too many conflicting opinions within society to find one underlying definition.<ref name=":4" /><ref name=":6" /> Substantive equality has also been criticized for its lack of ability to protect individuals from discrimination and for placing too much emphasis on compensation rather than preventing discrimination from occurring.<ref name=":7" /> Welfare and affirmative action programs have been recognized as areas of concern, as the way in which they are delivered can be discriminatory in nature because they can reinforce and perpetuate stigmas that are held within society.<ref name=":4" /> Substantive equality is a well contested concept in which scholars, nations, and the law must work together in order to agree on a definition and appropriate framework for implementation.<ref name=":4" />
+Substantive equality has been criticized in the past for its vague definition and its tenuous ability to help combat discrimination for marginalized and disadvantaged individuals.<ref name=":4" /> Scholars have argued that the meaning of substantive equality remains elusive, which makes it difficult to implement change due to the lack of consensus. The meaning of equality itself has been labeled as subjective as there are too many conflicting opinions within society to find one underlying definition.<ref name=":4" /><ref name=":6" /> Substantive equality has also been criticized for its lack of ability to protect individuals from discrimination and for placing too much emphasis on compensation rather than preventing discrimination from occurring.<ref name=":7" /> Welfare and affirmative action programs have been recognized as areas of concern, as the way in which they are delivered can be discriminatory in nature because they can reinforce and perpetuate stigmas that are held within society.<ref name=":4" /> Substantive equality is a well contested concept in which scholars, nations, and the law must work together in order to agree on a definition and appropriate framework for implementation.<ref name=":4" />
+== See also ==
+* [[Gender-equality paradox]]
 == References ==
 {{Reflist}}
-[[Category:Articles created via the Article Wizard]]
 [[Category:Human rights concepts]]