Sentences with phrase «substantive equality by»

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.

The anticipated focus of these submissions is on the definition of «sexual activity» at s. 273.1 (1) of the Criminal Code, a substantive equality analysis on the meaning of consent, and observations on the procedure required by s. 276 of the Criminal Code.

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.

It further occurred to me that family breakdown would be far easier to manage if: people were less devoted to the idea that romantic relationships are permanent and either monogamous diamorous, and approached separation with more equanimity; monogamous or diamorous relationships were entered into with the same degree of contemplation and intentionality as polyamorous relationships; imbalances of power, knowledge and resources were less tolerated; and, women's formal equality were accompanied by substantive political, social and economic equality.

Charter claims by marginalized groups that raise issues of national importance and are aimed at improving substantive equality should be seriously considered, regardless of the specific Charter provisions they raise.

It is now also accepted by the Australian Government that substantive equality is the standard now required at international law.

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

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.

The PJC's analysis of the four sets of provisions by reference to a substantive equality approach reveals that the majority of the PJC have sought to justify differential treatment which prefers non-Indigenous interests over Indigenous interests, so long as the purposes are «legitimate».

The government's position, that a State will meet its international obligations in relation to equality either by a substantive or formal equality approach is at odds with the Committee's approach.

Substantive equality is required by international human rights standards [25] and agreed as an appropriate measure by the Commonwealth Parliament [26] and current Australian Government.

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.

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.

[16] This is the principle of «relative» or «substantive» equality, [17] which is acknowledged by the Australian government as the international standard required under ICERD.

On the one hand, the government's explanations accept that the obligations under ICERD and the ICCPR can be met by the provision of substantive equality (ie., different treatment if justified by the circumstances of a situation, when judged in accordance with the purposes and objectives of the Convention).

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.

There is no dispute by the Aboriginal and Torres Strait Islander Social Justice Commissioner that the test proposed by the government is consistent with a substantive approach to equality.