Formal Equality: Definition, Explanation, and Example
In the realm of Diversity, Equity, and Inclusion (DEI), understanding and addressing formal equality is crucial. Formal equality is a significant aspect of this discourse, but what exactly does it entail?
Definition:
Formal equality is the principle that all individuals should be treated equally under the law, without regard to their personal characteristics, such as race, gender, or socioeconomic status. This term emphasises that equality is achieved by applying the same rules and standards to everyone, irrespective of their background or circumstances.
Understanding Formal Equality:
In the context of Diversity, Equity, and Inclusion (DEI), formal equality seeks to eliminate overt discrimination by ensuring that laws, policies, and institutional practices are uniformly applied. It is grounded in the idea that fairness is best achieved when everyone has access to the same opportunities and is held to the same standards.
However, while formal equality addresses direct forms of inequality, it does not account for systemic barriers or historical disadvantages that different groups may face. This limitation often necessitates complementary approaches, such as substantive equality, to bridge gaps caused by entrenched inequities.
Example:
An example of formal equality can be seen in voting rights. A government may pass legislation stating that all citizens aged 18 and above have the right to vote, regardless of their race, gender, or income. This policy reflects formal equality by providing every eligible individual with the same opportunity to participate in the electoral process.
However, formal equality does not address obstacles such as limited access to voter registration facilities in marginalised communities. Addressing these barriers often requires additional measures beyond formal equality.
Conclusion:
Formal equality is a foundational principle in the pursuit of fairness and justice within DEI. By ensuring that laws and policies are uniformly applied, it eliminates overt discrimination and sets a standard for impartial treatment.
References:
Colker, R. (2008). Reflections on Race: The Limits of Formal Equality. Ohio St. LJ, 69, 1089. https://heinonline.org/HOL/LandingPage?handle=hein.journals/ohslj69&div=42&id=&page=
Lyons, D. (1966). The weakness of formal equality. Ethics, 76(2), 146-148. https://www.journals.uchicago.edu/doi/abs/10.1086/291576?journalCode=et
Becker, M. (1998). The Sixties Shift to Formal Equality and the Courts: An Argument for Pragmatism and Politics. Wm. & Mary L. Rev., 40, 209. https://heinonline.org/HOL/LandingPage?handle=hein.journals/wmlr40&div=12&id=&page=
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