Sentences with phrase «provide substantive equality»

It fails to provide substantive equality of protection to native title.

If likening native title to a proprietal interest within a tenurial system provides a vehicle for the enjoyment of the unique Indigenous laws and customs within the protection of the common law then such a translation is justifiable as providing substantive equality to Indigenous people.

Not exact matches

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.

Meaningful access to justice is required to provide assistance to individual women and to continue to develop family law legal principles which reflect women's legal rights to substantive equality.

A substantive equality approach would seek to provide Indigenous interests in land with the protection necessary to ensure they can be enjoyed, according to their tenor and to the same extent as non-Indigenous interests in land.

It contends the Convention can be met by a combination of measures that provide either formal equality, substantive equality or, in a category of its own, the adoption of special measures.

Note: In its submission to the Parliamentary Joint Committee on Native Title the Attorney - General's Department stated that it is for «the Parliament to decide whether substantive equality was to be provided and, if it was, what that encompassed»: Quoted in Parliamentary Joint Committee on Native Title, CERD and the Native Title Amendment Act 1998, op.cit, p9.

If by likening native title to a proprietary interest the common law provides the same level of protection and security to the unique relationship that Indigenous people have with their land and sea country as that which is provided to all non-Indigenous proprietary interests, then such a translation is consistent with the principle of substantive equality.