Sentences with phrase «formal equality»

Third, the respondent should undertake a programme of formal equality and diversity training from top to bottom.

Indeed, the lawsuits go beyond formal equality — as measured by school - expenditure levels — to seek educational equity.

The duty to accommodate is not about achieving formal equality.

There is an additional and more fundamental problem inherent in applying a similarly situated test to an accommodation case, because the similarly situated test is rooted in formal equality.

[15] It can be distinguished from the notion of formal equality, which merely requires governments to treat all groups the same.

Formal equality on its own is not enough.

The result is a society without full formal equality of individuals before secular law, but with strong community institutions, a robust economy and interlocking patronage structures.

In an accommodation case, the issue is not whether the claimant has received formal equality of treatment but whether the actual characteristics of the person have been accommodated so that they can access a benefit that is otherwise available.

On April 24, 2015 the Supreme Court of Canada decided the Canadian Charter of Rights and Freedoms» guarantee of minority - language educational rights protects substantive equality of minority - language education, not merely formal equality — and this is measured by the quality of the educational experience, not costs and practicalities.

Chemerinsky argued that taking another important civil rights case soon after Brown would have affirmed the decision's force that the Equal Protection clause was not about formal equality, but about anti-subordination.

The CAPCJ has a formal equality and diversity policy and a standing committee on equality and diversity.

This other «equally important objective», accommodation of difference, can not be served by this model of comparator group analysis, which, for simplicity, may be referred to as a formal equality model of comparator group analysis.

Applying a formal equality model to the duty to accommodate leads to perverse results.

This type of equality, formal equality, is not enough to restore Aboriginal people to their rightful place as the first peoples of this country.

In contrast to this substantive approach to equality is the formal equality approach which merely requires that everyone be treated in an identical manner regardless of such differences.

While I do not intend to deal with each of the differential measures identified in the government's submission as «provisions that recognise the unique nature of native title rights and go beyond the requirements of formal equality» (43) it is important to establish the criterion by which these measures can be assessed against Australia's international obligations under CERD.

The result is that, on the reasoning of the majority report, substantive equality provides a lower standard than formal equality which would not permit the discriminatory differentiation of Indigenous and non-Indigenous title holders.

While the formal equality plus special measures approach to equality demonstrated in Gerhardy v Brown can be seen to reflect a notion of equality which seeks to bring Aboriginal people up to the same level as and assimilate with non-Indigenous people, it at least ensures that invidious differential treatment is outlawed.

That is, society needs to ensure «substantive equality» (where all groups have equal opportunity to enjoy human rights) rather than just «formal equality» (where equal treatment of all can result in some groups having less opportunity because of relevant differences).