Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

From Formal to Substantive Equality: the Place of Affirmative Action in European Union Sex Equality Law

From Formal to Substantive Equality: the Place of Affirmative Action in European Union Sex... From Formal to Substantive Equalitg: the Place of Affirmative Action in European Union Sex Equality Law Helen Fenwick* The intention of this article is to consider movement towards an acceptance of affirmative action1in the Community. Its purpose in so doing is to trace the extent to which such movement indicates a perception within the Community institutions of a need to move away from a formal towards a substantive equality model in order to continue to develop the legal framework for sex equality. The substantive equality model, also sometimes termed the structural reform approach, is generally viewed as in opposition to formal equality or treating like as like, sometimes referred to as symmetrical equality. Formal equality policies are generally viewed as premised upon the basic liberal tenets of market freedom, individualism and formal justice. As a number of commentators have pointed out, policies based on these premises will tend to preserve the status quo, the power imbalances in society, since they tend to be unaffected by the social context within which they operate.' The central assumption * Senior Lecturer in Law, University of Durham. The term 'affirmative action' will be used to denote various systems in which women are http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

From Formal to Substantive Equality: the Place of Affirmative Action in European Union Sex Equality Law

European Public Law , Volume 4 (4) – Jan 21, 1998

Loading next page...
 
/lp/kluwer-law-international/from-formal-to-substantive-equality-the-place-of-affirmative-action-in-lcrykrtUr6
Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
See Article on Publisher Site

Abstract

From Formal to Substantive Equalitg: the Place of Affirmative Action in European Union Sex Equality Law Helen Fenwick* The intention of this article is to consider movement towards an acceptance of affirmative action1in the Community. Its purpose in so doing is to trace the extent to which such movement indicates a perception within the Community institutions of a need to move away from a formal towards a substantive equality model in order to continue to develop the legal framework for sex equality. The substantive equality model, also sometimes termed the structural reform approach, is generally viewed as in opposition to formal equality or treating like as like, sometimes referred to as symmetrical equality. Formal equality policies are generally viewed as premised upon the basic liberal tenets of market freedom, individualism and formal justice. As a number of commentators have pointed out, policies based on these premises will tend to preserve the status quo, the power imbalances in society, since they tend to be unaffected by the social context within which they operate.' The central assumption * Senior Lecturer in Law, University of Durham. The term 'affirmative action' will be used to denote various systems in which women are

Journal

European Public LawKluwer Law International

Published: Jan 21, 1998

There are no references for this article.