This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Substantive rights" – news · newspapers · books · scholar · JSTOR(February 2024) (Learn how and when to remove this message)
Substantive rights are basic human rights possessed by people in an ordered society and include rights granted by natural law as well as substantive laws. Substantive rights involve a right to the substance of being human (life, liberty, happiness), rather than a right to a procedure to enforce that right, which is defined by procedural law. One example of substantive right is substantive equality. Substantive equality is concerned with equality of outcome for all subgroups in society including disadvantaged and marginalized groups.[1][2][3]
Substantive rights are contrasted with procedural rights, which are purely formal rules of law that only prescribe how a law ought to be enforced, rather than defining the outcome of a law. One example of procedural rights is formal equality of opportunity.[3]
The substantive rights granted in a society are not universal and change over time,[4] also called human rights inflation. Frequently human rights are connected with the western interpretation of rights with Judeo-Christian and/or Enlightenment heritage.[5]
^Cusack, Simone; Ball, Rachel (July 2009). Eliminating Discrimination and Ensuring Substantive Equality (PDF) (Report). Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd. Archived from the original (PDF) on June 6, 2022.
^"What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.
^ abDe Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.
^
Theilen, Jens T. (2021). "The inflation of human rights: A deconstruction". Leiden Journal of International Law. 34 (4): 831–854. doi:10.1017/S0922156521000297. ISSN 0922-1565. It is remarkable, in particular, how consistently socio-economic human rights in the form of welfare rights have been denied the status of 'real' human rights on the basis of the anti-inflation mindset.
^Shaheed, Ahmed; Richter, Rose Parris (October 17, 2018). "Is 'Human Rights' a Western Concept?". IPI Global Observatory. Archived from the original on July 10, 2022. Retrieved August 11, 2022.
and 27 Related for: Substantive rights information
Substantiverights are basic human rights possessed by people in an ordered society and include rights granted by natural law as well as substantive laws...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental...
enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality...
Human rights are moral principles, or norms, for certain standards of human behaviour and are regularly protected as substantiverights in substantive law...
Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups...
human rights, ensures that substantive and administrative support is given to the projects, activities, organs and bodies of the human rights programme...
proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state...
divided the constitutional rights into two categories: process rights and substantiverights. Whereas, the process rights refer to the powers and obligations...
human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantiverights and substantive laws...
effort since the passage of the Civil Rights Act of 1964 to modify some of the basic procedural and substantiverights provided by federal law in employment...
compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantiverights that are said to be based on...
prospectively to future conduct, at least to the extent that it affects substantiverights, liabilities, or duties. As the Supreme Court has explained, "a requirement...
Substantive procedures (or substantive tests) are those activities performed by the auditor to detect material misstatement or fraud at the assertion level...
but it has been interpreted by the courts as not creating any new substantiverights but instead set forth a process to pursue claims for violation of...
legitimate expectation in Singapore protects both procedural and substantiverights. In administrative law, a legitimate expectation generally arises...
a fair distribution of the costs and outcomes of climate change (substantiverights). Other approaches focus on addressing social implications of climate...
confer substantiverights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure...
first six titles deal with substantiverights under the headings: dignity, freedoms, equality, solidarity, citizens' rights and justice, while the last...
of equal protection under the Fifth Amendment is not a source of substantiverights or liberties, but rather a right to be free from invidious discrimination...
privileges in the governance of the City. Whilst no longer carrying many substantiverights and largely existing as a tradition, the freedom is a pre-requisite...
interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its...
the state law deals with substantiverights of state citizens. The Supreme Court has defined substantiverights as, "rights conferred by the law to be...
trial in civil lawsuits. Incorporation applies both procedurally and substantively to the guarantees of the states. Thus, procedurally, only a jury can...
respectful of procedural rights as well as substantiverights, individual and collective human rights, gender equity and the rights of indigenous peoples...
policy places on these rights are evaluated with strict scrutiny. If a right is denied to everyone, it is an issue of substantive due process. If a right...
rules governing "substantiverights", as opposed to "intrinsic rights". This distinction characterises "intrinsic rights" as the rights stemming from the...
of causes of action, or counts: joining several demands to enforce substantiverights of recovery that are distinct and contradictory. Misjoinder of parties:...