Sentences with phrase «achieving substantive equality»

This is because they are aimed at achieving substantive equality or equality «in fact» or outcome.

Special measures undertaken for this purpose are essential to achieving substantive equality, advancing human dignity and eliminating racial discrimination.

The protection of the unique, subtle and highly particular nature of native title is a reasonable and proportionate means to achieve substantive equality [42], required as a matter of international obligation to safeguard the characteristics of indigenous minorities.

The Commission submits that protection of the unique, subtle and highly particular nature of native title is a reasonable and proportionate means to achieve substantive equality [75], required as a matter of international obligation to safeguard the characteristics of indigenous minorities.

There are also a number of relevant differences between native title and ordinary forms of title which the Aboriginal and Torres Strait Islander Social Justice Commissioner has previously argued meet the test of being «reasonable, objective and proportionate» and accordingly mandate appropriately different treatment to achieve substantive equality.

Not exact matches

Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations under the Rules, rather than a general duty to promote equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).

Applying a model of comparator group analysis that is designed to serve the goal of preventing differences from being taken into account is, inevitably, antithetical to the goal of substantive equality that the duty to accommodate is meant to achieve.

Substantive equality on the other hand not only permits the recognition of difference but may require it where this is necessary to achieve equality between racial groups.

Having accepted that substantive equality is an appropriate standard at international law, the PJC was left to grapple with the question of what differences should be treated differently in order to achieve real or substantive equality.

In international jurisprudence, particular regimes for the preservation of the characteristics and traditions of minorities are accepted as consistent with, and sometimes required to achieve factual or substantive equality.

[106] Such curtailment is contrary to human rights norms which require adequate recognition and protection of native title in order to safeguard the distinct identities of indigenous peoples and hence achieve substantive racial equality.