Equality rights Flashcards
Formal equality
equality of opportunity
classic liberal approach
Substance equality
equality of outcome
Marxism/Communism/Socialism
Individual approach to discrimination
• key idea is that only those individuals victimized by specific acts of discrimination are entitled to a remedy, remedy comes from the discriminator
o example: you get fired from your job because of your religion
Collective approach to discrimination
because of more impersonal forces, idea of accumulated disadvantages
o example: African American in US, more systematic things like underfunded education, rules that basically discourage certain types of career
Merit
• starts with principles: societies goods should be distributed according to merit, merit is randomly distributed across society, no group is inherently more able than others,
o distribution of goods is not given by merit (things like jobs, education), idea that qualifications are not being distributed randomly (barriers to education, job experience),
Criticism of individual approach
it ignores the systemic issues
Criticisms of collective approach
its under-inclusive, in other words some individuals who are not part of a targeted group may have a lot of disadvantages at birth (example; white rural poor)
Its overbroad, some people in targeted groups are not very disadvantaged
s. 15 of the Charter
- Contains 3 sets of declarations
- Identifies 4 different kinds of equality
- Every individual is equal before and under the law
- Everyone has the right to equal protection and benefit of the law without discrimination
- Lists prohibited grounds of dsicimination: race, nationality, ehtnicicty, religion, sex, age, mental or physical disability