Section 9 in a time of COVID: Substantive equality, economic inclusion and positive duties

2021 ◽  
pp. 1-25
Author(s):  
Catherine Albertyn
Keyword(s):  
Substantive Equality ◽  
Positive Duties

Positive Duties and Gender Equality

2005 ◽  
Vol 8 (1-2) ◽  
pp. 91-120 ◽  
Author(s):  
Colm O'cinneide
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Fourth Generation ◽  
Positive Duty ◽  
Public Authorities ◽  
Substantive Equality ◽  
Promote Gender Equality ◽  
Positive Duties ◽  
And Gender ◽  
First Time

The imposition since 1998 of a variety of positive equality duties upon public authorities has attracted comparatively little academic attention. However, these duties are a central part of current government equality initiatives, increasingly constitute a major part of the work of the UK's equality commissions, and have been described as an essential part of a new ‘fourth generation’ of equality legislation. It now appears likely that a positive duty to promote gender equality will soon be imposed upon public authorities, which will complement similar race and disability duties. Will the introduction of this positive gender equality duty add to, detract or complement existing statutory provisions? Given the danger that ‘soft law’ initiatives may undermine existing anti-discrimination controls, will the duty provide a clear steer to public authorities, or will it lack teeth, substance and direction, and possibly even prove counter-productive? Such positive duties are designed to compensate for the limitations of existing anti-discrimination law, by requiring the taking of positive steps to promote equality and eliminate discrimination, rather than just compelling a reactive compliance with the letter of the (equality) law. The justifications in principle for the introduction of such duties are strong: for the first time, the introduction of a positive gender duty will impose a clear legislative obligation upon public authorities to adopt a substantive equality approach and to take proactive action to redress patterns of disadvantage linked to gender discrimination. Serious concerns do however exist as to the extent to which such duties can be enforced, and the danger that they will simply encourage greater bureaucratic activity at the expense of real change. The proposed gender duty, as with the other duties that have been introduced, is no panacea. Nevertheless, it does constitute a good start, can serve a useful function by empowering public authorities to take positive action, and if effectively used will be a very valuable point of pressure to push for better things.

Nuclear Weapons, South Asia and Morality

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 535-546
Author(s):  
ABHISHEK CHOUDHARY
Keyword(s):  
South Asia ◽  
Nuclear Power ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Great Powers ◽  
Moral Perspective ◽  
The Us ◽  
Positive Duties ◽  
Nuclear Development ◽  
Asian Context

The paper analyses the concerns arising from a moral perspective in the context of a renewed arms race in South Asia. It challenges the idea that possession of nuclear power could in any way contribute to any sort of balance. The emulation of so-called great powers and expecting that balance would arrive as it did in the case of the US and the erstwhile-USSR during cold war is detrimental to the temporal and spatial uniqueness of South Asia. Deterrence, based on rational choice theory, does not apply to the South Asian context due to ambiguity owing to mutual mistrust especially in the case of India and Pakistan. Also, it no longer only sates that are sole actors in the international arena. One cannot expect the non-state actors to behave in a rational manner. Furthermore, the idea of ‘credible minimum deterrence’ itself is questionable as it is a flexible posture adjusted to relative prowess and ambiguity in policy further aggravates the situation. The paper argues from a consequentialist notion of ethics and argues that the principles of harm and equity ought be part of nuclear decision-making. Another aspect that the paper uncovers relates to the ‘reification’ of nuclear power. Using a neo-Marxist framework and concept of Lukács, the paper argues that it is no longer the state as a repository of power that decides the trajectory of nuclear development. Rather the nuclear technology has started to dictate the way states are looking at regional and international relations. This inverted relationship has been created due to neglect of any ethical toolkit. The paper thus proposes an ethical toolkit that focuses on the negative duties of not to harm and also the positive duties to create conditions that would avoid harm being done to people.

The Ambition of Public Justification in Contract

2021 ◽  
Vol 17 (2) ◽  
pp. 224-230
Author(s):  
Roy Kreitner
Keyword(s):  
Social Role ◽  
The Other ◽  
Public Justification ◽  
Substantive Equality ◽  
Market Relations

Abstract This review of Peter Benson’s Justice in Transactions focuses on the book’s attempt to combine the juridical vision of contract with contract’s social role in providing a coherent framework for market relations. The combination is challenging because the juridical conception ignores particular interests, needs, purposes, and preferences of contracting parties, while the market is precisely a system for satisfying needs or obtaining substantive satisfactions. The review suggests that Benson’s treatment of the combination is open to two readings: one reading claims that contract as we know it actually succeeds in achieving public justification; the other reading claims that contract could potentially be a justified institution, but only if the background regime of rights was transformed so that juridical and substantive equality were more closely aligned.

Substantive Equality in South African Health Care: The Limits of Law

2000 ◽  
Vol 4 (2) ◽  
pp. 111-131 ◽  
Author(s):  
Charles Ngwena
Keyword(s):  
Health Care ◽  
South African ◽  
Access To Health Care ◽  
Health Care Services ◽  
Health Care Reforms ◽  
Structural Inequality ◽  
Care Services ◽  
Substantive Equality ◽  
African Health ◽  
Access To Health

The article considers the scope and limits of law as an instrument for facilitating equitable access to health care in South Africa. The focus is on exploring the extent to which the notion of substantive equality in access to health care services that is implicitly guaranteed by the Constitution and supported by current health care reforms, is realisable for patients seeking treatment. The article highlights the gap between the idea of substantive equality in the Constitution and the resources at the disposal of the health care sector and the country as a whole. It is submitted that though formal equality in access to health care services has been realised, substantive equality is currently unattainable, if it is attainable at all, on account of entrenched structural inequality, general poverty and a high burden of disease.

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