Citation

Rights-based Approaches to Social and Economic Rights in the Developing World: Law, Politics, and Impact

Abstract | Word Stems | Keywords | Association | Citation | Get this Document | Similar Titles




STOP!

You can now view the document associated with this citation by clicking on the "View Document as HTML" link below.

View Document as HTML:
Click here to view the document

Abstract:

This paper presents a theoretical framework for the comparative study of the causes and effects of pursuing rights through legal strategies. It then tests that framework on the results of a two-year, five-country empirical analysis of the determinants and impact of judicial interventions in health and education policy. The data gathering effort was carried out by in-country teams of up to five people in each country, using both archival research to build a database of judicial decisions and interviews to explore the implementation and impact of these judicial decisions. The paper first presents extensive original data on the nature and extent of economic and social (ES) rights litigation in Brazil, India, Indonesia, Nigeria and South Africa. It then presents comparative data suggesting the conditions that promote the extensive and successful use of legal strategies. Finally, the paper presents preliminary findings on the direct effects of a law-based strategy, as well as the indirect, aggregate social policy impact of the widespread use of legal approaches to extending ES rights.

We argue that three elements combine to produce a wave of judicial demands: a) demand side factors (social organization and resources to pursue a legal strategy) must coincide with b) supply side factors (judicial support and a credible judicial system), in c) a policy context that is propitious for judicial intervention because it is prone to policy-making or bureaucratic failures. We further argue that, with significant exceptions, the direct effects of judicial strategies tends to reinforce redistributive inequities, but the indirect effect often extends the benefits far beyond the initial claimants, with positive, equity-enhancing results.

The five countries were chosen so as to include common law countries with aggressive ES rights litigation (India, South Africa) and weak or incipient ES rights litigation (Nigeria), and civil law countries with aggressive (Brazil) and weak (Indonesia) litigation. Similarly, two specific issue areas have been selected for analysis in order to provide within-country variation in the effectiveness of litigation as a means of enforcement: although the findings will, we believe, generalize to the entire range of ES rights, the empirical sections will emphasize the rights to health care and education. A key element in the project is the creation of a cross-nationally comparable database detailing the characteristics and outcomes of ES rights court cases (number of cases, likelihood that plaintiffs succeed, individual or collective action, level of court), and an investigation of impact on the ground in a random sample of up to 100 cases in each country.

Most Common Document Word Stems:

court (228), case (160), right (123), health (105), litig (103), educ (95), state (82), legal (80), south (73), judici (68), polici (65), brazil (64), decis (64), countri (63), india (63), africa (63), public (56), effect (56), one (54), claim (53), constitut (52),

Author's Keywords:

judicial politics, public interest litigation, human rights, economic and social rights, right to health, right to education, judicialization
Convention
Convention is an application service for managing large or small academic conferences, annual meetings, and other types of events!
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

Association:
Name: American Political Science Association
URL:
http://www.apsanet.org


Citation:
URL: http://citation.allacademic.com/meta/p209517_index.html
Direct Link:
HTML Code:

MLA Citation:

Brinks, Daniel. and Gauri, Varun. "Rights-based Approaches to Social and Economic Rights in the Developing World: Law, Politics, and Impact" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2013-12-15 <http://citation.allacademic.com/meta/p209517_index.html>

APA Citation:

Brinks, D. M. and Gauri, V. , 2007-08-30 "Rights-based Approaches to Social and Economic Rights in the Developing World: Law, Politics, and Impact" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/DOWNLOAD>. 2013-12-15 from http://citation.allacademic.com/meta/p209517_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper presents a theoretical framework for the comparative study of the causes and effects of pursuing rights through legal strategies. It then tests that framework on the results of a two-year, five-country empirical analysis of the determinants and impact of judicial interventions in health and education policy. The data gathering effort was carried out by in-country teams of up to five people in each country, using both archival research to build a database of judicial decisions and interviews to explore the implementation and impact of these judicial decisions. The paper first presents extensive original data on the nature and extent of economic and social (ES) rights litigation in Brazil, India, Indonesia, Nigeria and South Africa. It then presents comparative data suggesting the conditions that promote the extensive and successful use of legal strategies. Finally, the paper presents preliminary findings on the direct effects of a law-based strategy, as well as the indirect, aggregate social policy impact of the widespread use of legal approaches to extending ES rights.

We argue that three elements combine to produce a wave of judicial demands: a) demand side factors (social organization and resources to pursue a legal strategy) must coincide with b) supply side factors (judicial support and a credible judicial system), in c) a policy context that is propitious for judicial intervention because it is prone to policy-making or bureaucratic failures. We further argue that, with significant exceptions, the direct effects of judicial strategies tends to reinforce redistributive inequities, but the indirect effect often extends the benefits far beyond the initial claimants, with positive, equity-enhancing results.

The five countries were chosen so as to include common law countries with aggressive ES rights litigation (India, South Africa) and weak or incipient ES rights litigation (Nigeria), and civil law countries with aggressive (Brazil) and weak (Indonesia) litigation. Similarly, two specific issue areas have been selected for analysis in order to provide within-country variation in the effectiveness of litigation as a means of enforcement: although the findings will, we believe, generalize to the entire range of ES rights, the empirical sections will emphasize the rights to health care and education. A key element in the project is the creation of a cross-nationally comparable database detailing the characteristics and outcomes of ES rights court cases (number of cases, likelihood that plaintiffs succeed, individual or collective action, level of court), and an investigation of impact on the ground in a random sample of up to 100 cases in each country.

Get this Document:

Find this citation or document at one or all of these locations below. The links below may have the citation or the entire document for free or you may purchase access to the document. Clicking on these links will change the site you're on and empty your shopping cart.

Associated Document Available American Political Science Association
Associated Document Available Political Research Online
Abstract Only All Academic Inc.

Document Type: application/download
Page count: 69
Word count: 22244
Text sample:
“Promises to Keep” Enforcing Social and Economic Rights in the Developing World Daniel M. Brinks University of Texas at Austin (danbrinks@gov.utexas.edu) Varun Gauri Development Research Group The World Bank (vgauri@worldbank.org) Draft: August 1 2007 PRELIMINARY DRAFT PLEASE DO NOT CITE WITHOUT EXPRESS PERMISSION OF THE AUTHORS Prepared for delivery at the 2007 Annual Meeting of the American Political Science Association August 30th-September 2nd 2007 Chicago Illinois This paper is a draft of the concluding chapter in a projected edited
Torbjörn Vallinder. 1995. The Global Expansion of Judicial Power: The Judicialization of Politics. In The Global Expansion of Judicial Power edited by C. N. Tate and T. Vallinder. New York: New York University Press. Tushnet Mark. 2004. Social Welfare Rights and Forms of Judicial Review. Texas Law Review 82:1895. Vanberg G. 2001. Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review. American Journal Of Political Science 45 (2):346-361. von Hayek Frederich A. 1960. The Constitution of Liberty. Chicago: University of


Similar Titles:
The Politics of Health Promotion: Analyzing Healthy Public Policy's Impact on Tobacco Control in United States and South Africa

Health Rights Litigation and Access to Medicines in Costa Rica: Priority Classification of Successful Cases from the Constitutional Court


 
All Academic, Inc. is your premier source for research and conference management. Visit our website, www.allacademic.com, to see how we can help you today.