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Social Rights Judgments and the Politics of Compliance: Making it Stick

Edited by: Malcolm Langford, Cesar Rodriguez-Garavito, Julieta Rossi

ISBN13: 9781316613313
Published: May 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £30.99



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The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.

Subjects:
Human Rights and Civil Liberties
Contents:
Part I. Overview:
1. Introduction: from jurisprudence to compliance Malcolm Langford, Cesar Rodriguez-Garavito and Julieta Rossi
2. Explaining compliance: lessons learnt from civil and political rights Basak Cali and Anne Koch
3. Beyond enforcement: assessing and enhancing judicial impact Cesar Rodriguez-Garavito

Part II. Case Studies:
4. Costa Rica: understanding variations in compliance Bruce M. Wilson and Olman A. Rodriguez L.
5. Argentina: implementation of collective cases Martin Sigal, Julieta Rossi and Diego Morales
6. Brazil: are collective suits harder to enforce? Octavio Luiz Motta Ferraz
7. Canada: systemic claims and remedial diversity Bruce Porter
8. United States: education rights and the parameters of the possible Amanda Shanor and Cathy Albisa
9. India: compliance with orders on the right to food Poorvi Chitalkar and Varun Gauri
10. South Africa: rethinking enforcement narratives Malcolm Langford and Steve Kahanovitz
11. The African human rights system and domestic enforcement Frans Viljoen
12. Reproductive rights litigation: from recognition to transformation Luisa Cabal and Suzannah Phillips
13. International housing rights and domestic prejudice: the case of Roma and Travellers Andi Dobrushi and Theodoros Alexandridis

Part III. Concluding Perspectives:
14. Solving the problem of (non)compliance in SE rights litigation Daniel M. Brinks.