6 H U M A N R I G H T S COMMISSION | A FAIR GO FOR ALL? Resistance to special measures is related to a partial understanding of equality. Many New Zealanders recognise formal equality or “equality before the law”. This means, for example, that everyone has the same legal right to attend school or receive medical care, or be treated fairly in the justice system. In practice, however, not everyone is able to access education, health or justice services in the same way due to a various socio-economic obstacles, including discrimination. Substantive equality is concerned with ensuring that everyone can in fact compete on an equal basis; it highlights socio-economic obstacles (including discrimination) that may impede equality of opportunity.24 The Western Australian Equal Opportunity Commission summarises the distinction between formal and substantive equality: If you want to treat me equally, you may have to be prepared to treat me differently.25 It is important to note a distinction between special measures – which are temporary, until such time as the inequality is removed – and permanent rights. Special measures to ensure equality contribute to, but are not a substitute for, programmes for all New Zealanders designed to ensure access to decent work, healthy affordable housing, and effective delivery of health, education and other services. Special measures are just one way of ensuring equality of outcomes for the diverse groups that make up New Zealand society.26