Formal and Substantive Equality

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Question 5- Explain the difference between formal (or procedural) equality and substantive equality. Formal equality is known as the formal, legal equality. This is the equality that is seen as one law should be applied to all people, social and personal characteristics are no factor. Formal equality aims to distribute equality fairly and evenly, and aims to treat people the same. Formal equality does not ensure the wellbeing of individuals based on race, ethnicity, sex, age etc. Unfortunately, this side of equality does not recognize diversity and is insufficient for promoting social inclusiveness. Even though it may give the illusion of equality and justice, it is actually creating inequality and is actually ending up discriminating individuals (EU Charter of Fundamental Rights, 2004). Substantive equality is referred to as equity in the sense that equality also involves recognizing differences when they are becoming disadvantages (Cheyne, O’Brien, Grave, 2008). Substantive equality looks at the roots of inequality and identifies them, even if this involves removing the barriers that disadvantage individuals. There is no guarantee of the outcome that may be produced, but individuals do have the equality of opportunity. This model of equality recognizes differences and diversity, and can take those into account. Formal equality and substantive equality are two very different forms of equality. Formal equality does not recognize difference, whereas substantive equality takes sex, race, ethnicity etc. all into account. Substantive equality gives opportunity of outcome and may recognize different situations or circumstances, whereas formal equality applies one rule to fit all people so that does not allow for any diversi... ... middle of paper ... ...se rights of a citizen. Works Cited Capeheart, L., Milovanovic, D. (2007). Social Justice: Theories, Issues and Movements. USA: Rutgers University Press Conte, J., Landy, F. (2010). Work in the 21 Century: An introduction to industrial and organizational psychology (3rd ed). USA: Wiley and Blackwell Publishings Cheyne, C., O’Brien, M., Belgrave, M. (2008). Social Policy: In Aotearoa New Zealand (4th ed). Australia and New Zealand: Oxford University Press Four types of Justice. (2002-20120. Retrieved from http://changingminds.org/explanations/trust/four_justice.htm EU Charter of Fundamental Rights. (2004). Retrieved From http://www.cite.auckland.ac.nz/index.php?p=quickcite Models of Equality. (2007). Retrieved from http://www.equalityrights.org/cher/index.cfm?nav=hr&sub=mod

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