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Summary on equality
Topic: Equality
by Anon, 2018 Cohort
Note: This entry was created in 2018, when the task was to “summarise a key reading”, and so may not represent a good example to model current primer entries on.
Content Warning: sexual assault, gendered/racist/colonial violence, oppression
What is Equality?#
Equality means very different things depending on which discipline you’re discussing it in. In this primer I will discuss equality from a socio-legal perspective. Most people think that equality is simple, that it means treating people the same. This definition is simplistic but generally true. However, equality is much more complex, both in the theory and in practice. Australia, like most Western democracies, has a system of formal equality. In this primer I will explain the difference between formal and substantive equality, and argue that formal equality is too simplistic to achieve the actual enjoyment of rights for all citizens.
Formal equality focuses on treating everyone the same, regardless of race, gender, ethnicity or sexuality (among other identity markers). Formal equality focuses on the procedural aspects of equality, for example, equal treatment before the law. To most people, this principle appears to be fair and just. It has an appeal because of its logical simplicity. The assumption is that by formally ensuring equal treatment (primarily through laws and legislation), equal rights will be the natural outcome. However, this approach to equal rights falls short of achieving the actual enjoyment of equal rights. This is because it assumes a neoliberal, individualist, and masculinised construction of rights. Furthermore, it ignores the systemic and structural nature of oppression and disadvantage, which those who experience structural oppression from the actual enjoyment of equal rights.
By contrast, substantive equality deliberately and explicitly takes into account the factors that contribute to an individual being withheld from access and enjoyment of equal rights. Whereas formal equality tries to look at each person within a vacuum, substantive equality examines the context in which an individual engages with equality rights processes, the outcomes, and the amount of actual enjoyment of rights. The difference between formal and substantive equality is clearly shown in the above picture. Formal equality treats everyone the same, leading to unequal and unjust outcomes. Substantive equality examines what each individual needs to achieve an equal outcome, ensuring equal enjoyment of rights.
But Havent We Already Achieved Equality?#
Many people believe that we have already achieved equality. This is sadly not the case. It is not hard to find statistical evidence to establish that we live in a very unequal society.
For example, 1 in 3 women will experience sexual assault within their lifetime. 1 in 5 will experience domestic or interpersonal violence at the hands of a male partner during their lifetime. 1 in 3 women retire with no superannuation. Trans women have a 1 in 12 chance of being murdered (a 1 in 8 chance for a trans woman of colour). Australian women, on average, earn 15.3% less than Australian men. Trans women, women of colour, and migrant women experience greater economic exclusion. Women also perform more than double the amount of unpaid home and care labour than men. Indigenous Australians are 13 times more likely to be incarcerated than non-Indigenous Australians.
It is important to include these figures to establish why it is so important for us to consider how our rights are structured, so that we can better promote equality.
Where to From Here?#
In understanding how our system of rights is constructed, I encourage you to consider the following:
- Dont assume that oppression does not happen, just because it may not happen to you;
- Dont assume that equality is something that will naturally improve and happen on its own;
- In Australia, and around the world, we have not achieved equal rights for all;
- Understand that we can always move backwards, and as such, we must advocate and agitate for equality;
- Educate yourself about the inequality faced by different groups, and if you are in a position of social privilege, consider how you can use that platform to improve the rights of those less privileged than you.
Explore this topic further#
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Equality in the Primer
Disclaimer#
This content has been contributed by a student as part of a learning activity.
If there are inaccuracies, or opportunities for significant improvement on this topic, feedback is welcome on how to improve the resource.
You can improve articles on this topic as a student in "Unravelling Complexity", or by including the amendments in an email to: Chris.Browne@anu.edu.au
Note: This entry was created in 2018, when the task was to “summarise a key reading”, and so may not represent a good example to model current primer entries on.
Content Warning: sexual assault, gendered/racist/colonial violence, oppression
What is Equality?#
Equality means very different things depending on which discipline you’re discussing it in. In this primer I will discuss equality from a socio-legal perspective. Most people think that equality is simple, that it means treating people the same. This definition is simplistic but generally true. However, equality is much more complex, both in the theory and in practice. Australia, like most Western democracies, has a system of formal equality. In this primer I will explain the difference between formal and substantive equality, and argue that formal equality is too simplistic to achieve the actual enjoyment of rights for all citizens.
Formal equality focuses on treating everyone the same, regardless of race, gender, ethnicity or sexuality (among other identity markers). Formal equality focuses on the procedural aspects of equality, for example, equal treatment before the law. To most people, this principle appears to be fair and just. It has an appeal because of its logical simplicity. The assumption is that by formally ensuring equal treatment (primarily through laws and legislation), equal rights will be the natural outcome. However, this approach to equal rights falls short of achieving the actual enjoyment of equal rights. This is because it assumes a neoliberal, individualist, and masculinised construction of rights. Furthermore, it ignores the systemic and structural nature of oppression and disadvantage, which those who experience structural oppression from the actual enjoyment of equal rights.
By contrast, substantive equality deliberately and explicitly takes into account the factors that contribute to an individual being withheld from access and enjoyment of equal rights. Whereas formal equality tries to look at each person within a vacuum, substantive equality examines the context in which an individual engages with equality rights processes, the outcomes, and the amount of actual enjoyment of rights. The difference between formal and substantive equality is clearly shown in the above picture. Formal equality treats everyone the same, leading to unequal and unjust outcomes. Substantive equality examines what each individual needs to achieve an equal outcome, ensuring equal enjoyment of rights.
But Havent We Already Achieved Equality?#
Many people believe that we have already achieved equality. This is sadly not the case. It is not hard to find statistical evidence to establish that we live in a very unequal society.
For example, 1 in 3 women will experience sexual assault within their lifetime. 1 in 5 will experience domestic or interpersonal violence at the hands of a male partner during their lifetime. 1 in 3 women retire with no superannuation. Trans women have a 1 in 12 chance of being murdered (a 1 in 8 chance for a trans woman of colour). Australian women, on average, earn 15.3% less than Australian men. Trans women, women of colour, and migrant women experience greater economic exclusion. Women also perform more than double the amount of unpaid home and care labour than men. Indigenous Australians are 13 times more likely to be incarcerated than non-Indigenous Australians.
It is important to include these figures to establish why it is so important for us to consider how our rights are structured, so that we can better promote equality.
Where to From Here?#
In understanding how our system of rights is constructed, I encourage you to consider the following:
- Dont assume that oppression does not happen, just because it may not happen to you;
- Dont assume that equality is something that will naturally improve and happen on its own;
- In Australia, and around the world, we have not achieved equal rights for all;
- Understand that we can always move backwards, and as such, we must advocate and agitate for equality;
- Educate yourself about the inequality faced by different groups, and if you are in a position of social privilege, consider how you can use that platform to improve the rights of those less privileged than you.