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12 - Social and Economic Rights: Argentina

from V - Rights

Published online by Cambridge University Press:  17 February 2022

David S. Law
Affiliation:
University of Virginia
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Summary

The 1994 Argentine constitutional reforms introduced a plethora of economic, social and cultural rights to the text of the constitution, along with innovative procedural devices for vindicating those rights. More than two decades later, we have a wealth of experience with judicial interpretation and enforcement of these rights, and civil society use of the rights to pursue complex policy goals. This chapter explores that experience and describes the ways in which certain rights – such as the right to health, housing and a healthy environment – have been enforced through judicial orders. It focuses especially on the various ways in which courts have addressed the difficult task of designing, implementing and monitoring solutions to alleged violations of rights, when those violations have complex social and economic roots and any solutions consequently require extensive and long-term state involvement.

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Publisher: Cambridge University Press
Print publication year: 2022

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References

Primary Sources

Brinks, Daniel M., Gauri, Varun and Shen, Kyle, ‘Social Rights Constitutionalism: Negotiating the Tension Between the Universal and the Particular’ (2015) 11 Annual Review of Law and Social Science 289.Google Scholar
King, Jeff, Judging Social Rights (Cambridge University Press, 2012).CrossRefGoogle Scholar
Rodríguez-Garavito, César, ‘Beyond the Courtroom: The Impact of Judicial Activism on Socioeconomic Rights in Latin America’ (2011) 89 Texas Law Review 1669.Google Scholar
Young, Katharine G., ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’ (2008) Yale International Law Journal 113.Google Scholar

Secondary Sources

Bergallo, Paola, ‘Courts and Social Change: Lessons from the Struggle to Universalize Access to HIV/AIDS Treatment in Argentina’ (2011) 89 Texas Law Review 1611.Google Scholar
Brinks, Daniel M. and Blass, Abby, The DNA of Constitutional Justice in Latin America: Politics, Governance and Judicial Design (Cambridge University Press, 2018), ch. 6.Google Scholar
Kapiszewski, Diana, High Courts and Economic Governance in Argentina and Brazil. (Cambridge University Press, 2012), chs. 3, 5.CrossRefGoogle Scholar
Sigal, Martín, Rossi, Julieta and Morales, Diego, ‘Argentina: Implementation of Collective Cases,’ in Langford, Malcolm, Rodríguez-Garavito, César and Rossi, Julieta (eds.), Social Rights Judgments and the Politics of Compliance: Making It Stick (Cambridge University Press, 2017).Google Scholar

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