Formal and substantive equality of opportunity Cover Image

Formal and substantive equality of opportunity
Formal and substantive equality of opportunity

Author(s): Bălan Sergiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Pro Universitaria
Keywords: equality; justice; formal equality of opportunity; substantive equally of opportunity; affirmative action.

Summary/Abstract: The article deals with two important aspects of equality of opportunity, the formal and the substantive. The idea of formal equality of opportunity states that access to desirable social positions should be allowed to all applicants and their selection is to be done through formal procedures and according to competence, and as such presents a number of difficulties and limitations. The most important one comes from the fact that in general it does not take into account the way in which circumstances beyond the control of an individual do have influence on his ability to compete for access to certain resources. The principle of equal opportunities may remain just an empty form, so it is necessary a substantial approach that takes into account the actual social situation when it comes to the problem of determining the evaluation criteria of qualification and competence. Substantial or real equality of opportunity requires that all individuals have the same opportunities to become qualified to occupy that position through competition, so society should take appropriate measures to ensure those equal opportunities, such as the equalization of starting conditions for everyone.

  • Issue Year: 2012
  • Issue No: 04
  • Page Range: 85-95
  • Page Count: 11
  • Language: English