What is ‘Substantive’ Equality?
The formal model of equality prescribes that equality exists where the law treats people the same. However, this formal approach is not nearly comprehensive enough to create conditions of actual equality in women’s lives, because the factors that discriminate against women, and hold them in subordinate positions, extend far beyond the problems posed by overtly discriminatory laws. In recognition of this, CEDAW takes a three-dimensional view of equality that it calls ‘substantive equality’. Instead of considering equality only in formal and legalistic terms, and saying that laws and policies ensure equality between men and women simply by being gender-neutral, CEDAW requires that their actual impact and effect also be considered. The substantive model of equality therefore requires using the actual conditions of women’s lives, rather than the wording used in laws, as the true measure of whether equality has been achieved. The State thus must do more than just ensuring that there are no
