50 Chekera-Radu/Women’s land and property rights While it is beyond the scope of this article to go into the different formulations of substantive equality, a substantive approach to equality delves into the individual’s context in order to eliminate barriers that impinge on full realisation of equality. The concern of substantive equality is not only that laws or policies should guarantee equal treatment but it goes further into analysing that the application of laws and policies ensures equal outcomes. Fredman and Goldblatt point out that substantive equality has as its dimensions ‘redressing disadvantage; countering stigma, prejudice, humiliation and violence; transforming social and institutional structures; and facilitating political participation and social inclusion.’44 To a large degree this four dimensional approach captures the formulations of the various strands of substantive equality. Put differently, substantive equality should encompass equality of opportunity under the concept of ‘formal equality,’ meaning requiring the equal value of all; equal access to the opportunities through pro-active policy and programmatic measures and redistribution; equality of outcomes; sustaining equality of outcomes by institutional reform and creating enabling environment.45 By focusing on redressing disadvantage, substantive equality is achieved through recognising how power imbalances within families result in inequalities that impact access generally.46 In this instance, the concept of direct discrimination which refers to when a practice, rule, requirement or condition is neutral on its face but impacts disproportionately upon a particular group or individual is of importance. As is the case with the relationship between formal equality and direct discrimination, substantive equality is interlinked with the concept of indirect discrimination albeit that under the four dimensional approach it is an incomplete version. Indirect discrimination sanctions the use of seemingly neutral laws and policies which have disparate outcomes. Indirect discrimination does not however ‘redress disadvantage nor require institutional change.’47 5 THE APPLICATION OF SUBSTANTIVE EQUALITY IN INTERNATIONAL HUMAN RIGHTS SYSTEMS There have been a number of ways in which the adoption of substantive equality has been assessed. The formulations of substantive equality mentioned above provide a lens through which to understand how substantive equality has been incorporated. This section explores how equality and non-discrimination have been adopted, interpreted and applied in the international human rights system, particularly, the ICCPR, ICESCR and CEDAW. This includes the interpretation of the 44 As above. UNWomen ‘Women’s rights to equality: the promise of CEDAW’ (2014) 24 http:// asiapacific.unwomen.org/~/media/field%20office%20eseasia/docs/publications/2014/ 7/the%20promise%20of%20cedaw%20final%20pdf.ashx (accessed 18 June 2017). 46 Fredman and Goldblatt (n 43 above). 47 Fredman and Goldblatt (n 43 above) 8. 45