SUBSTANTIVE EQUALITY SHOULD TRIUMPH OVER FORMAL EQUALITY

Surabaya, Indonesia, 21 November 2023. Prof Farid Sufian Shuaib, the Dean of Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia delivers a Guest Lecture at the Faculty of Law, University of Airlangga.  Dr E Joeni Arianto Kurniawan moderates the session where students and lecturers posed pertinent questions over the topic of the lecture relating to human rights and legal pluralism.

One of the points that the speaker raises is that it is not necessary to conclude that there is a breach of the principle of equality where there are different rules applicable to different groups of people in the context of legal pluralism. Parallel references could be made to the Convention on the Elimination of All Discrimination Against Women (CEDAW) that adopts the principle of substantive equality, rather than formal equality, and allows special measures and positive discrimination. In this regard one would consider the distinction between a plural-sensitive legal system and the monistic legal culture.

For a visit by the Faculty of Law, University of Airlangga, see:  https://kulliyyah.iium.edu.my/aikol/aikol-plans-more-collaborations-with-faculty-of-law-unair/