Social Rights Judgments and the Politics of Compliance
Making it Stick

This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.

Malcolm Langford (Edited by), César Rodríguez-Garavito (Edited by), Julieta Rossi (Edited by)

9781316613313, Cambridge University Press

Paperback / softback, published 10 May 2018

545 pages, 5 b/w illus. 9 tables
22.8 x 15.2 x 3 cm, 0.81 kg

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.

Part I. Overview: 1. Introduction: from jurisprudence to compliance Malcolm Langford, César Rodríguez-Garavito and Julieta Rossi
2. Explaining compliance: lessons learnt from civil and political rights Ba?ak Çal? and Anne Koch
3. Beyond enforcement: assessing and enhancing judicial impact César Rodríguez-Garavito
Part II. Case Studies: 4. Costa Rica: understanding variations in compliance Bruce M. Wilson and Olman A. Rodríguez L.
5. Argentina: implementation of collective cases Martín 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.

Subject Areas: International human rights law [LBBR], Public international law [LBB], International law [LB], Law & society [LAQ], Comparative law [LAM], Jurisprudence & general issues [LA], Law [L]