Showing posts with label justice system. Show all posts
Showing posts with label justice system. Show all posts

1.7 Session on “Formal Rights and Substantive Rights in Conflict”

Réal Fillion, Bruce Porter, John Russon

In the discourse of rights and the practice of making rights-claims, formal rights (civil and political) and substantive rights (social, economic, and cultural) have been distinguished from each other, with formal rights often taking precedence.  In what ways are these two kinds of rights in conflict with each other?  Is there a framework by which they could be shown to be compatible?  What is the significance of their incompatibility or their compatibility, and how should a system of justice be organized in a way that is responsive to their relative significance?