Substantive equality in the context of "Liberal democracy"

⭐ In the context of liberal democracy, substantive equality is considered…

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⭐ Core Definition: Substantive equality

Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.

Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, and access to goods and services. Substantive equality is primarily achieved by implementing special measures in order to assist or advance the lives of disadvantaged individuals. Such measures are aimed at ensuring that they are given the same outcomes as everyone else.

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πŸ‘‰ Substantive equality in the context of Liberal democracy

Liberal democracy, also called Western-style democracy, or substantive democracy, is a form of government that combines the organization of a democracy with ideas of liberal political philosophy. Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, the equality of outcome for subgroups in society. Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Multi-party systems with at least two persistent, viable political parties are characteristic of liberal democracies.

Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. A liberal democracy may take various and mixed constitutional forms: it may be a constitutional monarchy or a republic. It may have a parliamentary system, presidential system, or semi-presidential system. Liberal democracies are contrasted with illiberal democracies and dictatorships. Some liberal democracies, especially those with large populations, use federalism (also known as vertical separation of powers) in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments. The characteristics of liberal democracies are correlated with increased political stability, lower corruption, better management of resources, and better health indicators such as life expectancy and infant mortality.

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Substantive equality in the context of Environmental racism

Environmental racism, ecological racism, or ecological apartheid is a form of racism leading to negative environmental outcomes such as landfills, incinerators, and hazardous waste disposal disproportionately impacting communities of color, violating substantive equality. Internationally, it is also associated with extractivism, which places the environmental burdens of mining, oil extraction, and industrial agriculture upon indigenous peoples and poorer nations largely inhabited by people of color.

Environmental racism is the disproportionate impact of environmental hazards, pollution, and ecological degradation experienced by marginalized communities, as well as those of people of color. Environmental racism is embedded in policy making- both domestically and internationally- and is a pertinent example of structural racism which consequently produces health hierarchies. It is imperative to also note the intersection of environmental racism with sexism: the vulnerabilities faced by marginalised women and gender minority groups as a result of existing health inequities are exacerbated by the consequences of environmental racism. In the United States, some communities are continuously polluted while the government gives little to no attention. According to Robert D. Bullard, father of environmental justice, environmental regulations are not equally benefiting all of society; people of color (African Americans, Latinos, Asians, Pacific Islanders, and Native Americans) are disproportionately harmed by industrial toxins in their jobs and their neighborhoods. Within this context, understanding the intersectionality of race, socio-economic status, and environmental injustice through its history and the disproportionate impact is a starting point for leaning towards equitable solutions for environmental justice for all segments of society. Exploring the historical roots, impacts of environmental racism, governmental actions, grassroots efforts, and possible remedies can serve as a foundation for addressing this issue effectively.

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Substantive equality in the context of Sexism

Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is intrinsically superior to another. Extreme sexism may foster sexual harassment, rape, and other forms of sexual violence. Discrimination in this context is defined as discrimination toward people based on their gender identity or their gender or sex differences. Sexism refers to violation of equal opportunities (formal equality) based on gender or refers to violation of equality of outcomes based on gender, also called substantive equality. Sexism may arise from social or cultural customs and norms.

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Substantive equality in the context of First-wave feminism

First-wave feminism was a period of feminist activity and thought that occurred during the 19th and early 20th century throughout the Western world. It focused on legal issues, primarily on securing women's right to vote. The term is often used synonymously with the kind of feminism espoused by the liberal women's rights movement with roots in the first wave, with organizations such as the International Alliance of Women and its affiliates. This feminist movement still focuses on equality from a mainly legal perspective.

The term first-wave feminism itself was coined by journalist Martha Lear in a New York Times Magazine article in March 1968, "The Second Feminist Wave: What do these women want?" First-wave feminism is characterized as focusing on the fight for women's political power, as opposed to de facto unofficial inequalities. The first wave of feminism generally advocated for formal equality, while later waves typically advocated for substantive equality. The wave metaphor is well established, including in academic literature, but has been criticized for creating a narrow view of women's liberation that erases the lineage of activism and focuses on specific visible actors. The term "first-wave" and, more broadly, the wave model have been questioned when referencing women's movements in non-Western contexts because the periodization and the development of the terminology were entirely based on the happenings of Western feminism and thus cannot be applied to non-Western events in an exact manner. However, women participating in political activism for gender equity modeled their plans on western feminists demands for legal rights. This is connected to the Western first-wave and occurred in the late 19th century and continued into the 1930s in connection to the anti-colonial nationalist movement.

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Substantive equality in the context of Second-wave feminism

Second-wave feminism was a period of feminist activity that began in the early 1960s and lasted roughly two decades, ending with the feminist sex wars in the early 1980s and being replaced by third-wave feminism in the early 1990s. It occurred throughout the Western world and aimed to increase women's equality by building on the feminist gains of the late 19th and early 20th centuries.

Second-wave feminism built on first-wave feminism and broadened the scope of debate to include a wider range of issues: sexuality, family, domesticity, the workplace, reproductive rights, de facto inequalities, and official legal inequalities. First-wave feminism typically advocated for formal equality and second-wave feminism advocated for substantive equality. It was a movement focused on critiquing patriarchal or male-dominated institutions and cultural practices throughout society. Second-wave feminism also brought attention to issues of domestic violence and marital rape, created rape crisis centers and women's shelters, and brought about changes in custody law and divorce law. Feminist-owned bookstores, credit unions, and restaurants were among the key meeting spaces and economic engines of the movement.

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Substantive equality in the context of Substantive law

Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure.

Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms."

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