Formal equality vs. substantive equality: what does the law say and what happens on the street? - gender equality

Equality is a fundamental principle in any democratic society. However, reality shows us that there is often a significant gap between what the law establishes and what we experience in day-to-day life. In this article, we will delve into the crucial distinction between formal equality and real equality, analyzing their legal meaning, the obstacles that prevent achieving true equity, and possible solutions to build a fairer society.

What Is Formal Equality and Its Legal Framework?

Formal equality, also known as equality before the law, is the principle that establishes that all citizens are equal under legal norms. This means that the law must be applied impartially, without discrimination on grounds of race, gender, religion, political opinion, social origin, or any other personal or social condition. Formal equality is enshrined in most constitutions and international human rights treaties. In the Universal Declaration of Human Rights, for example, it is stated that all human beings are born free and equal in dignity and rights. In practice, formal equality implies that we all have the same legal rights and obligations.

The Importance of Formal Equality in a Rule of Law

Formal equality is the cornerstone of the rule of law. It provides a basic legal framework for justice and fairness. However, recognizing equality before the law is only the first step. History shows us that, despite seemingly egalitarian laws, discrimination and inequality persist in many forms.

The Reality of Inequality: What Is Real Equality?

Real equality, also known as substantive equality, goes beyond mere equality before the law. It recognizes that people do not start from the same position and that there are structural inequalities that prevent everyone from having the same opportunities. Real equality seeks to remove these barriers and create the necessary conditions for everyone to exercise their rights and freedoms on an equal footing. It involves adopting positive measures that compensate for the historical and current disadvantages faced by certain groups in society.

Obstacles to Real Equality: Social and Economic Barriers

The achievement of real equality faces numerous obstacles. Among them, the following stand out:

• Systemic discrimination: Patterns of discrimination rooted in institutions and social practices that disproportionately affect certain groups.
• Economic inequality: The widening gap between the rich and the poor limits access to basic resources such as education, health, and housing for low-income people.
• Stereotypes and prejudices: Preconceived ideas and negative attitudes that perpetuate discrimination and hinder the integration of certain groups.
• Lack of access to justice: Economic, geographic, and cultural barriers that prevent the most vulnerable people from accessing the courts and defending their rights.
• Gender-based violence: Violence against women and girls remains a grave human rights violation and an obstacle to equality.

How to Achieve Real Equality? Strategies and Solutions

Overcoming the gap between formal equality and real equality requires a comprehensive approach that combines legal, policy, and social measures. Some key strategies include:

• Affirmative action: Policies that grant advantages to historically disadvantaged groups to compensate for past discrimination. Examples include gender quotas in politics and scholarship programs for low-income students.
• Equality education: Promoting gender equality and non-discrimination within the education system to combat stereotypes and prejudices from childhood.
• Inclusive public policies: Designing public policies that take into account the specific needs of the most vulnerable groups.
• Strengthening the justice system: Ensuring access to justice for all, especially for low-income people and minorities.
• Awareness-raising and outreach: Conducting awareness campaigns to combat discrimination and promote equal treatment.
• Economic empowerment: Promoting equal opportunities in access to employment, training, and credit so that people can improve their economic situation.

The Role of Civil Society and Non-Governmental Organizations

Civil society and non-governmental organizations (NGOs) play a fundamental role in promoting real equality. These organizations work to defend the rights of the most vulnerable groups, raise public awareness, denounce discrimination, and propose solutions to social problems. Their work is essential to ensure that equality is not just an aspiration, but a tangible reality.