Sentences with phrase «protects substantive equality»
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.
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Many legal and philosophical scholars have attempted to provide substantive content to the concept of equality by identifying several principles that equality aims to protect.
This formulation recognises that to protect a right to enjoy culture necessitates a substantive equality approach.
The «title to land» characterisation of native title thus satisfies the substantive equality standard for the protection of the right to enjoy and develop culture in that it legally protects the circumstances required to maintain Indigenous cultures that are reliant upon their connection to their lands.
Consequently, the «right to land» approach satisfies a substantive equality standard in relation to property rights, in that it protects the circumstances required to protect the right, without prescriptively defining the exact content of native title.
The requirement of substantive equality in relation to the protection of Indigenous peoples» property rights has been further clarified by CERD, which explained that countries in ICERD must «protect the rights of Indigenous peoples to own, develop, control and use their communal land, territories and resources» CERD General Recommendation XXXIII Indigenous Peoples (18 August 1997), para 5
The requirement of substantive equality in relation to the protection of Indigenous peoples» property rights has been further clarified by CERD, which explained that countries in ICERD must «protect the rights of Indigenous peoples to own, develop, control and use their communal land, territories and resources» CERD General Recommendation XXXIII The rights of indigenous Peoples, 18 August 1997, para 5.
To the extent that the right to negotiate protects Indigenous cultural norms regarding access to their traditional lands, it reflects the substantive equality standard required at international law.
Rather, the right to negotiate is a reflection of traditional law and as such is an inherent property and cultural right protected by the international guarantee of substantive equality.