Substantive Equality
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Substantive Equality
Substantive equality is a fundamental aspect of human rights law that is concerned with equitable outcomes and equal opportunities for disadvantaged and marginalized people and groups in society.Cusack, Simone, Ball, Rachel (2009) Eliminating Discrimination and Ensuring Substantive Equality. Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd."What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018. 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.Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57. Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into ac ...
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Human Rights Law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of ''political'' obligation. International human rights law, which governs the conduct of a state towards its people in peacetime is traditionally seen as distinct from international humanitarian law which governs the conduct of a state during armed conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that internati ...
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Sex Discrimination Act 1984
The ''Sex Discrimination Act 1984'' is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC. This legislation was pushed and supported by the Bill put forward by South Australia's Premier, Don Dunstan in 1975. The Act implements Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Fraser River
The Fraser River is the longest river within British Columbia, Canada, rising at Fraser Pass near Blackrock Mountain in the Rocky Mountains and flowing for , into the Strait of Georgia just south of the City of Vancouver. The river's annual discharge at its mouth is or , and it discharges 20 million tons of sediment into the ocean. Naming The river is named after Simon Fraser, who led an expedition in 1808 on behalf of the North West Company from the site of present-day Prince George almost to the mouth of the river. The river's name in the Halqemeylem (Upriver Halkomelem) language is , often seen archaically as Staulo, and has been adopted by the Halkomelem-speaking peoples of the Lower Mainland as their collective name, . The river's name in the Dakelh language is . The ''Tsilhqot'in'' name for the river, not dissimilar to the ''Dakelh'' name, is , meaning Sturgeon ''()'' River ''()''. Course The Fraser drains a area. Its source is a dripping spring at Fraser Pas ...
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R V Kapp
''R v Kapp'', 2008 SCC 41 is a Supreme Court of Canada case dealing with an appeal from a British Columbia Court of Appeal decision that held that a communal fishing license granted exclusively to Aboriginals did not violate section 15 of the ''Canadian Charter of Rights and Freedoms''. The Supreme Court dismissed the appeal on the basis a distinction based on an enumerated or analogous ground in a government program will not constitute discrimination under section 15 if, under section 15(2): (1) the program has an ameliorative or remedial purpose; and (2) the program targets a disadvantaged group identified by the enumerated or analogous grounds. In other words, the Court found that the ''prima facie'' discrimination was allowed because it was aimed at improving the situation of a disadvantaged group as allowed by section 15(2) of the ''Charter''. This decision recognizes difficulty found with ''Law v Canada (Minister of Employment and Immigration)'' in trying to employ "huma ...
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Indigenous Peoples In Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and ''Eskimo'' have fallen into disuse in Canada, and most consider them to be pejorative. ''Aboriginal peoples'' as a collective noun is a specific term of art used in some legal documents, including the ''Constitution Act, 1982'', though in most Indigenous circles ''Aboriginal'' has also fallen into disfavour. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The Paleo-Indians, Paleo-Indian Clovis culture, Clovis, Plano cultures, Plano and Pre-Dorset cultures pre-date the current Indigenous peoples of the Americas. Projectile point tools, spears, pottery, bangles, chisels and Scraper (archaeology), scrapers mark archaeological sites, thus distinguishing cultural periods, traditions, and lithic reduction styles. The characteristics of Indigenous culture in ...
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Northwest Territories
The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. At a land area of approximately and a 2016 census population of 41,790, it is the second-largest and the most populous of the three territories in Northern Canada. Its estimated population as of 2022 is 45,605. Yellowknife is the capital, most populous community, and only city in the territory; its population was 19,569 as of the 2016 census. It became the territorial capital in 1967, following recommendations by the Carrothers Commission. The Northwest Territories, a portion of the old North-Western Territory, entered the Canadian Confederation on July 15, 1870. Since then, the territory has been divided four times to create new provinces and territories or enlarge existing ones. Its current borders date from April 1, 1999, when the ...
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Australian Bureau Of Statistics
The Australian Bureau of Statistics (ABS) is the independent statutory agency of the Australian Government responsible for statistical collection and analysis and for giving evidence-based advice to federal, state and territory governments. The ABS collects and analyses statistics on economic, population, environmental and social issues, publishing many on their website. The ABS also operates the national Census of Population and Housing that occurs every five years. History In 1901, statistics were collected by each state for their individual use. While attempts were made to coordinate collections through an annual Conference of Statisticians, it was quickly realized that a National Statistical Office would be required to develop nationally comparable statistics. The Commonwealth Bureau of Census and Statistics (CBCS) was established under the Census and Statistics Act in 1905. Sir George Knibbs was appointed as the first Commonwealth Statistician. Initially, the bureau w ...
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Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Australia to the west (129th meridian east), South Australia to the south (26th parallel south), and Queensland to the east (138th meridian east). To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other islands of the Indonesian archipelago. The NT covers , making it the third-largest Australian federal division, and List of country subdivisions by area, the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 249,000 – fewer than half as many people as in Tasmania. The largest population center is the capital city of Darwin, Northern Territory, Darwin. The archaeological hist ...
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Torres Strait Islanders
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped with them as Indigenous Australians. Today there are many more Torres Strait Islander people living in mainland Australia (nearly 28,000) than on the Islands (about 4,500). There are five distinct peoples within broader designation of Torres Strait Islander people, based partly on geographical and cultural divisions. There are two main Indigenous language groups, Kalaw Lagaw Ya and Meriam Mir. Torres Strait Creole is also widely spoken, as a language of trade and commerce. The core of Island culture is Papuo- Austronesian and the people traditionally a seafaring nation. There is a strong artistic culture, particularly in sculpture, printmaking and mask-making. Demographics In June 1875 a measles epidemic killed about 25% of the popula ...
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Aboriginal Australians
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands. The term Indigenous Australians refers to Aboriginal Australians and Torres Strait Islanders collectively. It is generally used when both groups are included in the topic being addressed. Torres Strait Islanders are ethnically and culturally distinct, despite extensive cultural exchange with some of the Aboriginal groups. The Torres Strait Islands are mostly part of Queensland but have a separate governmental status. Aboriginal Australians comprise many distinct peoples who have developed across Australia for over 50,000 years. These peoples have a broadly shared, though complex, genetic history, but only in the last 200 years have they been defined and started to self-identify as a single group. Australian Aboriginal identity has cha ...
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