Litigating economic, social & cultural rights: a legal practitioners' dossier

Part I provides an analysis of the various legal issues commonly encountered in economic, social and cultural rights litigation. These include identifying the relevant sources of law, establishing justiciability, defining the nature and scope of rights and obligations, responding to the defences available to governments, and the crafting of appropriate remedies. The next chapters address the right to legal aid for economic, social and cultural rights litigation, specific rights (social security, housing, health and education), as well as the social rights of children.

Litigating Economic, Social & Cultural Rights: achievements, challenges and strategies

The 21 case studies discussed in this volume clearly illustrate that a wide variety of economic, social and cultural rights are justiciable.  Moreover, this publication set out many concrete examples where legal action has made a difference and has unquestionably progressed the actual realisation of the rights.

Litigating Economic, Social and Cultural Rights: Achievements, Challenges and Strategies also reveals the many practical and theoretical obstacles that have been encountered in social action litgation.

Report of the United Nations Special Rapporteur on the Right to Education: Justiciability and the Right to Education

The report examines questions related to enforcement of the right to education and judicial and quasi-judicial mechanisms. It also highlights the available jurisprudence at the national, regional and international levels, with a focus on some key dimensions of the right to education. In conclusion, the Special Rapporteur offers recommendations for making the justiciability of the right to education and its enforcement more effective.

Justiciability of the Right to Education

Many countries have incorporated the right to education in their constitutions. The present article discusses the modalities of how a number of key dimensions of the right to education have been subject to judicial or quasi-judicial review. In other words, it discusses how the courts have dealt with the educational issues brought before them. Such cases do not always use right-to-education language, but generally speaking they deal with two aspects of the right to education, namely the right to receive an education and the right to choose an education.

La crisis de libros de texto de Limpopo en Sudáfrica: Cómo Section27 recurrió a estrategias basadas en los derechos para asegurar la rendición de cuentas del gobierno

En Sudáfrica, SECTION27 ha utilizado estrategias basadas en los derechos, incluyendo el litigio, para hacer que el estado rinda cuentas por no asegurar el suministro de libros de texto en escuelas en zona de Limpopo, un área rural y pobre del país.