PUBLIC INTEREST LITIGATION, SOCIAL RIGHTS AND SOCIAL POLICY

Abstract: The paper investigates litigation as a strategy to advance the social rights of marginalized people, asking under what conditions it is likely to be effective – in the narrow sense of winning cases, and in the broader sense of changing social policy. It draws on reported experiences with social rights litigation in different parts of the world to develop a framework identifying conditions that are favourable to public interest litigation by contributing to: effective voicing of social rights grievances; responsiveness of courts to social rights claims; judges ’ capability to find appropriate remedies; authorities ’ compliance with judgments and implementation through social policies. It finds that competent public interest litigators (supported by international expertise), is a key to winning cases in court, but that real policy impact is rare without organisations and social movements that can utilise the litigation process as part of a broader strategy of social and political mobilisation. Litigation on its own has limited potential to change the situation on the ground, but creates opportunities for other actors. With a ‘receptive apparatus ’ in place litigation seems to be effective in bringing out facts that can be used for advocacy purposes, fed into social and political discourses and directly inform policy processes