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Substantive equality underpins some key features of discrimination, including intersectionality and positive action, and aims to: redress disadvantage; address stigma, stereotyping, prejudice and violence; enhance participation; and accommodate difference by way of structural change.
Intersectionality
Intersectionality
Beth Goldblatt, 'Intersectionality in international anti-discrimination law: addressing poverty in its complexity' (2015) 21(1) Australian Journal of Human Rights 47.
Sandra Fredman and Beth Goldblatt, 'Gender Equality and Human Rights' (Discussion Paper, UN Women, 2015).
Positive Action
Positive Action
Monica Brierley-Hay and Liam Elphick, 'Riding Towards Inclusion in the Film Industry: Positive Action and Special Measures Under Australian Discrimination Law' (2019) 23(2) Media and Arts Law Review 143.
Liam Elphick and Monica Brierley-Hay, ‘The case for “inclusion riders” in creative industries: what Australian discrimination law says about quotas’, The Conversation (online at 17 October 2019).
Belinda Smith and Monica Hayes, 'Using Data to Drive Gender Equality: More Power to the People?' (2015) 28 Australian Journal of Labour Law 191
Margaret Thornton, ‘Proactive or Reactive? The Senate Report on the Equal Opportunity for Women in the Workplace Amendment Bill 2012’ (2012) 25(3) Aust Journal of Labour Law 284.
Margaret Thornton, ‘Affirmative Action, Merit and Police Recruitment’ (2003) 28(5) Alternative Law Journal 235.
Margaret Thornton, ‘Deconstructing Affirmative Action’ (1997) 2 International Journal of Discrimination and the Law 299.
Margaret Thornton, ‘Affirmative Action, Merit and the Liberal State’ (1985) 2(2) Australian Journal of Law & Society 28.
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