By Varun Gauri, Daniel M. Brinks
This e-book is a first-of-its-kind, five-country empirical learn of the factors and effects of social and monetary rights litigation. distinct reviews of Brazil, India, Indonesia, Nigeria, and South Africa current systematic and nuanced money owed of court docket task on social and fiscal rights in every one state. The e-book develops new methodologies for studying the resources of and version in social and fiscal rights litigation, explains why actors are actually turning to the courts to implement social and fiscal rights, measures the combination impression of litigation in each one kingdom, and assesses the relevance of the empirical findings for felony idea. This publication argues that courts can strengthen social and fiscal rights below the best stipulations accurately simply because they're by no means absolutely autonomous of political pressures.
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Additional info for Courting social justice: judicial enforcement of social and economic rights in the developing world
But there is no guarantee that these benefits will accrue to the underprivileged. Improvements to health and education services in response to demands by middle or upper class litigants are likely to benefit the poor only to the extent that those services are jointly consumed by rich and poor alike. The poor, middle, and upper classes all utilize large public hospitals, can potentially consume the same medications when suffering the same illness, and are similarly affected by certain public health threats.
MEC for the Department of Welfare, from South Africa, illustrates this point, as does, to a lesser extent, an Indian case that contemplated contempt proceedings against public officials for failure to close down polluting industries – M. C. Mehta v. Union of India. ” This classification of formal rights is based on the nature of the required duty and is typically applied to states, though there is no reason why it could not be useful for classifying the obligations of providers and other private parties as well.
Introduction 19 For legalization in the area of social and economic rights, the necessary condition might be yet stronger. For a course of litigation involving service provision to take hold, courts might require not only implicit political support, but also an existing policy infrastructure. To extend access to particular medications in Brazil, for example, the courts need only direct existing clinics, hospitals, and local health secretariats to procure the drugs a litigant demands; but to improve and ensure educational quality the courts may have to invent a new incentive scheme for teachers and an organization to monitor it from the ground up.
Courting social justice: judicial enforcement of social and economic rights in the developing world by Varun Gauri, Daniel M. Brinks