A focus on equity The term substantive equality is used in a human rights context to indicate an understanding of equality as the elimination of major inequities. Fredman (2016) proposes that this means: …to redress disadvantage; to address stigma, stereotyping, prejudice and violence; to enhance voice and participation; and to accommodate difference and achieve structural change. Behind this is the basic principle that the right to equality should be located in the social context, responsive to those who are disadvantaged, demeaned, excluded, or ignored.165 A country’s responsibility to achieve substantive equality and protect citizens from human rights violations is an obligation of due diligence. Goodmark (2018) describes due diligence in relation to women’s right to be free from violence and abuse: Due diligence is more than just passing legislation or criminalising violence. If existing law fails to protect women from violence, states are required to find more effective measures…prevention requires that the nation identify and address the root causes of violence against women, including gender-based stereotyping and discrimination and structural economic and social inequality166. 48 Human Rights Commission Women With Disabilities Australia (WWDA) explain that, without the use of a comprehensive gendered human rights frame, mainstream and non-specialist efforts to prevent and respond to violence against women will further marginalise and disadvantage disabled women and can increase the risks of systemic violence against them (violating rights by omission).167 They propose that using a human rights frame to address violence against disabled people: • recognises violence against disabled people as a violation of rights • recognises the multiple and intersecting forms of discrimination that both enable violence to occur and are created by experiencing violence • specifies and prioritises communities facing discriminatory and disproportionate burdens of violence • commits to core human rights principles of non-discrimination, and self-determination and participation by those most affected.168 The recommendations target “root causes”169 of violence against disabled people as well as the gaps in data, service provision and sector knowledge and skills.