The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights

Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same. Countries and policy areas characterized by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts, whereas areas dominated by individual litigation and individualized effects are less likely to have pro-poor outcomes. Using data on social and economic rights cases in five countries, the authors estimate the potential distributive impact of litigation by examining whether the poor are over or under-represented among the beneficiaries of litigation, relative to their share of the population. They find that the impact of courts varies considerably across the cases, but is positive and pro-poor in two of the five countries (India and South Africa), distribution-neutral in two others (Indonesia and Brazil), and sharply anti-poor in Nigeria. Overall, the results of litigation are much more positive for the poor than conventional wisdom would suggest.

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Bibliographic Details
Main Authors: Brinks, Daniel M., Gauri, Varun
Language:English
Published: 2012-03-01
Subjects:ACCESS TO HEALTH CARE, ACCESS TO JUSTICE, AGGRESSIVE, AIDS PATIENTS, ASYLUM, ASYLUM SEEKER, ATTORNEYS, BAIL, BASIC HEALTH CARE, BASIC NEEDS, CANCER, CHILD LABOR, CITIZEN, CITIZENS, CITIZENSHIP, CIVIL LAW, CIVIL LAW SYSTEMS, CLASS ACTIONS, COLLECTIVE ACTION, CONSTITUTIONAL COURT, CONSTITUTIONAL LAW, CORRUPTION, COUNSEL, COURT, COURT DECISIONS, COURTS, CRIMINAL, CRIMINAL LAW, DEMOCRACY, DETAINEES, DEVELOPMENT POLICY, DIABETES, DISABILITY, DISEASES, DRUGS, ECONOMIC RIGHTS, ECONOMIC STATUS, ECONOMICS, EMPOWERMENT, EQUALITY, FAMILIES, FAMILY INCOME, FUNDAMENTAL RIGHTS, GAYS, GIRLS IN SCHOOL, HEALTH CARE, HEALTH CARE PROVIDERS, HEALTH INSURANCE, HEALTH POLICY, HEALTH SERVICES, HEALTH SYSTEM, HIV, HIV INFECTIONS, HOSPITAL, HOSPITALS, HOUSEHOLD INCOME, HUMAN CAPITAL, HUMAN DEVELOPMENT, HUMAN LIFE, HUMAN RIGHTS, HYPERTENSION, ILLNESS, ILLNESSES, IMPORTANT POLICY, INDIVIDUAL RIGHTS, INEQUALITIES, INEQUALITY, JUDGES, JUDGMENTS, JUDICIAL DECISIONS, JUDICIAL REVIEW, JUDICIAL SYSTEMS, JUDICIARY, JURISDICTION, JURISPRUDENCE, LACK OF FOOD, LAWS, LEGAL CHANGE, LEGAL SYSTEMS, LEGISLATORS, LITIGATION, LOCAL GOVERNMENTS, LOW-INCOME POPULATIONS, MEDICAL CARE, MIGRANT, MIGRANT WORKERS, MINIMUM WAGE, MINORITY, MORBIDITY, MORTALITY, NATIONAL DRUG, NATIONAL LEVEL, NUMBER OF PEOPLE, NUTRITION, OFFENSE, PATIENT, PATIENTS, PHYSICIANS, POLICY DISCUSSIONS, POLICY RESEARCH, POLICY RESEARCH WORKING PAPER, POLIO, POLIO VACCINE, POLITICAL POWER, POLLUTION, POOR HEALTH, POPULATION DISTRIBUTION, PRACTITIONERS, PREGNANT WOMEN, PRIMARY EDUCATION, PRIMARY HEALTH CARE, PRISON, PRISONER, PRISONERS, PROGRESS, PUBLIC HEALTH, PUBLIC HOSPITALS, PUBLIC POLICY, PUBLIC SERVICES, QUALITY CARE, REFUGEES, RIGHT TO EDUCATION, RIGHT TO STRIKE, SCHOOL AGE, SCHOOL ATTENDANCE, SCHOOL CHILDREN, SCHOOL STUDENTS, SECONDARY EDUCATION, SERVICE PROVISION, SMOKING, SOCIAL BENEFITS, SOCIAL CHANGE, SOCIAL CLASS, SOCIAL CLASSES, SOCIAL JUSTICE, SOCIAL MOBILIZATION, SOCIAL MOVEMENTS, SOCIAL POLICIES, SOCIAL POLICY, SOCIAL RESEARCH, SOCIAL SECURITY, SOCIAL SECURITY SYSTEM, SPILLOVER, TERTIARY EDUCATION, URBAN CENTERS, VICTIMS, WILL, WORKERS,
Online Access:http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20120315110008
https://hdl.handle.net/10986/3287
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spelling dig-okr-1098632872024-08-08T15:20:55Z The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights Brinks, Daniel M. Gauri, Varun ACCESS TO HEALTH CARE ACCESS TO JUSTICE AGGRESSIVE AIDS PATIENTS ASYLUM ASYLUM SEEKER ATTORNEYS BAIL BASIC HEALTH CARE BASIC NEEDS CANCER CHILD LABOR CITIZEN CITIZENS CITIZENSHIP CIVIL LAW CIVIL LAW SYSTEMS CLASS ACTIONS COLLECTIVE ACTION CONSTITUTIONAL COURT CONSTITUTIONAL LAW CORRUPTION COUNSEL COURT COURT DECISIONS COURTS CRIMINAL CRIMINAL LAW DEMOCRACY DETAINEES DEVELOPMENT POLICY DIABETES DISABILITY DISEASES DRUGS ECONOMIC RIGHTS ECONOMIC STATUS ECONOMICS EMPOWERMENT EQUALITY FAMILIES FAMILY INCOME FUNDAMENTAL RIGHTS GAYS GIRLS IN SCHOOL HEALTH CARE HEALTH CARE PROVIDERS HEALTH INSURANCE HEALTH POLICY HEALTH SERVICES HEALTH SYSTEM HIV HIV INFECTIONS HOSPITAL HOSPITALS HOUSEHOLD INCOME HUMAN CAPITAL HUMAN DEVELOPMENT HUMAN LIFE HUMAN RIGHTS HYPERTENSION ILLNESS ILLNESSES IMPORTANT POLICY INDIVIDUAL RIGHTS INEQUALITIES INEQUALITY JUDGES JUDGMENTS JUDICIAL DECISIONS JUDICIAL REVIEW JUDICIAL SYSTEMS JUDICIARY JURISDICTION JURISPRUDENCE LACK OF FOOD LAWS LEGAL CHANGE LEGAL SYSTEMS LEGISLATORS LITIGATION LOCAL GOVERNMENTS LOW-INCOME POPULATIONS MEDICAL CARE MIGRANT MIGRANT WORKERS MINIMUM WAGE MINORITY MORBIDITY MORTALITY NATIONAL DRUG NATIONAL LEVEL NUMBER OF PEOPLE NUTRITION OFFENSE PATIENT PATIENTS PHYSICIANS POLICY DISCUSSIONS POLICY RESEARCH POLICY RESEARCH WORKING PAPER POLIO POLIO VACCINE POLITICAL POWER POLLUTION POOR HEALTH POPULATION DISTRIBUTION PRACTITIONERS PREGNANT WOMEN PRIMARY EDUCATION PRIMARY HEALTH CARE PRISON PRISONER PRISONERS PROGRESS PUBLIC HEALTH PUBLIC HOSPITALS PUBLIC POLICY PUBLIC SERVICES QUALITY CARE REFUGEES RIGHT TO EDUCATION RIGHT TO STRIKE SCHOOL AGE SCHOOL ATTENDANCE SCHOOL CHILDREN SCHOOL STUDENTS SECONDARY EDUCATION SERVICE PROVISION SMOKING SOCIAL BENEFITS SOCIAL CHANGE SOCIAL CLASS SOCIAL CLASSES SOCIAL JUSTICE SOCIAL MOBILIZATION SOCIAL MOVEMENTS SOCIAL POLICIES SOCIAL POLICY SOCIAL RESEARCH SOCIAL SECURITY SOCIAL SECURITY SYSTEM SPILLOVER TERTIARY EDUCATION URBAN CENTERS VICTIMS WILL WORKERS Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same. Countries and policy areas characterized by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts, whereas areas dominated by individual litigation and individualized effects are less likely to have pro-poor outcomes. Using data on social and economic rights cases in five countries, the authors estimate the potential distributive impact of litigation by examining whether the poor are over or under-represented among the beneficiaries of litigation, relative to their share of the population. They find that the impact of courts varies considerably across the cases, but is positive and pro-poor in two of the five countries (India and South Africa), distribution-neutral in two others (Indonesia and Brazil), and sharply anti-poor in Nigeria. Overall, the results of litigation are much more positive for the poor than conventional wisdom would suggest. 2012-03-19T17:29:46Z 2012-03-19T17:29:46Z 2012-03-01 http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20120315110008 https://hdl.handle.net/10986/3287 English Policy Research working paper ; no. WPS 5999 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank application/pdf text/plain
institution Banco Mundial
collection DSpace
country Estados Unidos
countrycode US
component Bibliográfico
access En linea
databasecode dig-okr
tag biblioteca
region America del Norte
libraryname Biblioteca del Banco Mundial
language English
topic ACCESS TO HEALTH CARE
ACCESS TO JUSTICE
AGGRESSIVE
AIDS PATIENTS
ASYLUM
ASYLUM SEEKER
ATTORNEYS
BAIL
BASIC HEALTH CARE
BASIC NEEDS
CANCER
CHILD LABOR
CITIZEN
CITIZENS
CITIZENSHIP
CIVIL LAW
CIVIL LAW SYSTEMS
CLASS ACTIONS
COLLECTIVE ACTION
CONSTITUTIONAL COURT
CONSTITUTIONAL LAW
CORRUPTION
COUNSEL
COURT
COURT DECISIONS
COURTS
CRIMINAL
CRIMINAL LAW
DEMOCRACY
DETAINEES
DEVELOPMENT POLICY
DIABETES
DISABILITY
DISEASES
DRUGS
ECONOMIC RIGHTS
ECONOMIC STATUS
ECONOMICS
EMPOWERMENT
EQUALITY
FAMILIES
FAMILY INCOME
FUNDAMENTAL RIGHTS
GAYS
GIRLS IN SCHOOL
HEALTH CARE
HEALTH CARE PROVIDERS
HEALTH INSURANCE
HEALTH POLICY
HEALTH SERVICES
HEALTH SYSTEM
HIV
HIV INFECTIONS
HOSPITAL
HOSPITALS
HOUSEHOLD INCOME
HUMAN CAPITAL
HUMAN DEVELOPMENT
HUMAN LIFE
HUMAN RIGHTS
HYPERTENSION
ILLNESS
ILLNESSES
IMPORTANT POLICY
INDIVIDUAL RIGHTS
INEQUALITIES
INEQUALITY
JUDGES
JUDGMENTS
JUDICIAL DECISIONS
JUDICIAL REVIEW
JUDICIAL SYSTEMS
JUDICIARY
JURISDICTION
JURISPRUDENCE
LACK OF FOOD
LAWS
LEGAL CHANGE
LEGAL SYSTEMS
LEGISLATORS
LITIGATION
LOCAL GOVERNMENTS
LOW-INCOME POPULATIONS
MEDICAL CARE
MIGRANT
MIGRANT WORKERS
MINIMUM WAGE
MINORITY
MORBIDITY
MORTALITY
NATIONAL DRUG
NATIONAL LEVEL
NUMBER OF PEOPLE
NUTRITION
OFFENSE
PATIENT
PATIENTS
PHYSICIANS
POLICY DISCUSSIONS
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
POLIO
POLIO VACCINE
POLITICAL POWER
POLLUTION
POOR HEALTH
POPULATION DISTRIBUTION
PRACTITIONERS
PREGNANT WOMEN
PRIMARY EDUCATION
PRIMARY HEALTH CARE
PRISON
PRISONER
PRISONERS
PROGRESS
PUBLIC HEALTH
PUBLIC HOSPITALS
PUBLIC POLICY
PUBLIC SERVICES
QUALITY CARE
REFUGEES
RIGHT TO EDUCATION
RIGHT TO STRIKE
SCHOOL AGE
SCHOOL ATTENDANCE
SCHOOL CHILDREN
SCHOOL STUDENTS
SECONDARY EDUCATION
SERVICE PROVISION
SMOKING
SOCIAL BENEFITS
SOCIAL CHANGE
SOCIAL CLASS
SOCIAL CLASSES
SOCIAL JUSTICE
SOCIAL MOBILIZATION
SOCIAL MOVEMENTS
SOCIAL POLICIES
SOCIAL POLICY
SOCIAL RESEARCH
SOCIAL SECURITY
SOCIAL SECURITY SYSTEM
SPILLOVER
TERTIARY EDUCATION
URBAN CENTERS
VICTIMS
WILL
WORKERS
ACCESS TO HEALTH CARE
ACCESS TO JUSTICE
AGGRESSIVE
AIDS PATIENTS
ASYLUM
ASYLUM SEEKER
ATTORNEYS
BAIL
BASIC HEALTH CARE
BASIC NEEDS
CANCER
CHILD LABOR
CITIZEN
CITIZENS
CITIZENSHIP
CIVIL LAW
CIVIL LAW SYSTEMS
CLASS ACTIONS
COLLECTIVE ACTION
CONSTITUTIONAL COURT
CONSTITUTIONAL LAW
CORRUPTION
COUNSEL
COURT
COURT DECISIONS
COURTS
CRIMINAL
CRIMINAL LAW
DEMOCRACY
DETAINEES
DEVELOPMENT POLICY
DIABETES
DISABILITY
DISEASES
DRUGS
ECONOMIC RIGHTS
ECONOMIC STATUS
ECONOMICS
EMPOWERMENT
EQUALITY
FAMILIES
FAMILY INCOME
FUNDAMENTAL RIGHTS
GAYS
GIRLS IN SCHOOL
HEALTH CARE
HEALTH CARE PROVIDERS
HEALTH INSURANCE
HEALTH POLICY
HEALTH SERVICES
HEALTH SYSTEM
HIV
HIV INFECTIONS
HOSPITAL
HOSPITALS
HOUSEHOLD INCOME
HUMAN CAPITAL
HUMAN DEVELOPMENT
HUMAN LIFE
HUMAN RIGHTS
HYPERTENSION
ILLNESS
ILLNESSES
IMPORTANT POLICY
INDIVIDUAL RIGHTS
INEQUALITIES
INEQUALITY
JUDGES
JUDGMENTS
JUDICIAL DECISIONS
JUDICIAL REVIEW
JUDICIAL SYSTEMS
JUDICIARY
JURISDICTION
JURISPRUDENCE
LACK OF FOOD
LAWS
LEGAL CHANGE
LEGAL SYSTEMS
LEGISLATORS
LITIGATION
LOCAL GOVERNMENTS
LOW-INCOME POPULATIONS
MEDICAL CARE
MIGRANT
MIGRANT WORKERS
MINIMUM WAGE
MINORITY
MORBIDITY
MORTALITY
NATIONAL DRUG
NATIONAL LEVEL
NUMBER OF PEOPLE
NUTRITION
OFFENSE
PATIENT
PATIENTS
PHYSICIANS
POLICY DISCUSSIONS
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
POLIO
POLIO VACCINE
POLITICAL POWER
POLLUTION
POOR HEALTH
POPULATION DISTRIBUTION
PRACTITIONERS
PREGNANT WOMEN
PRIMARY EDUCATION
PRIMARY HEALTH CARE
PRISON
PRISONER
PRISONERS
PROGRESS
PUBLIC HEALTH
PUBLIC HOSPITALS
PUBLIC POLICY
PUBLIC SERVICES
QUALITY CARE
REFUGEES
RIGHT TO EDUCATION
RIGHT TO STRIKE
SCHOOL AGE
SCHOOL ATTENDANCE
SCHOOL CHILDREN
SCHOOL STUDENTS
SECONDARY EDUCATION
SERVICE PROVISION
SMOKING
SOCIAL BENEFITS
SOCIAL CHANGE
SOCIAL CLASS
SOCIAL CLASSES
SOCIAL JUSTICE
SOCIAL MOBILIZATION
SOCIAL MOVEMENTS
SOCIAL POLICIES
SOCIAL POLICY
SOCIAL RESEARCH
SOCIAL SECURITY
SOCIAL SECURITY SYSTEM
SPILLOVER
TERTIARY EDUCATION
URBAN CENTERS
VICTIMS
WILL
WORKERS
spellingShingle ACCESS TO HEALTH CARE
ACCESS TO JUSTICE
AGGRESSIVE
AIDS PATIENTS
ASYLUM
ASYLUM SEEKER
ATTORNEYS
BAIL
BASIC HEALTH CARE
BASIC NEEDS
CANCER
CHILD LABOR
CITIZEN
CITIZENS
CITIZENSHIP
CIVIL LAW
CIVIL LAW SYSTEMS
CLASS ACTIONS
COLLECTIVE ACTION
CONSTITUTIONAL COURT
CONSTITUTIONAL LAW
CORRUPTION
COUNSEL
COURT
COURT DECISIONS
COURTS
CRIMINAL
CRIMINAL LAW
DEMOCRACY
DETAINEES
DEVELOPMENT POLICY
DIABETES
DISABILITY
DISEASES
DRUGS
ECONOMIC RIGHTS
ECONOMIC STATUS
ECONOMICS
EMPOWERMENT
EQUALITY
FAMILIES
FAMILY INCOME
FUNDAMENTAL RIGHTS
GAYS
GIRLS IN SCHOOL
HEALTH CARE
HEALTH CARE PROVIDERS
HEALTH INSURANCE
HEALTH POLICY
HEALTH SERVICES
HEALTH SYSTEM
HIV
HIV INFECTIONS
HOSPITAL
HOSPITALS
HOUSEHOLD INCOME
HUMAN CAPITAL
HUMAN DEVELOPMENT
HUMAN LIFE
HUMAN RIGHTS
HYPERTENSION
ILLNESS
ILLNESSES
IMPORTANT POLICY
INDIVIDUAL RIGHTS
INEQUALITIES
INEQUALITY
JUDGES
JUDGMENTS
JUDICIAL DECISIONS
JUDICIAL REVIEW
JUDICIAL SYSTEMS
JUDICIARY
JURISDICTION
JURISPRUDENCE
LACK OF FOOD
LAWS
LEGAL CHANGE
LEGAL SYSTEMS
LEGISLATORS
LITIGATION
LOCAL GOVERNMENTS
LOW-INCOME POPULATIONS
MEDICAL CARE
MIGRANT
MIGRANT WORKERS
MINIMUM WAGE
MINORITY
MORBIDITY
MORTALITY
NATIONAL DRUG
NATIONAL LEVEL
NUMBER OF PEOPLE
NUTRITION
OFFENSE
PATIENT
PATIENTS
PHYSICIANS
POLICY DISCUSSIONS
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
POLIO
POLIO VACCINE
POLITICAL POWER
POLLUTION
POOR HEALTH
POPULATION DISTRIBUTION
PRACTITIONERS
PREGNANT WOMEN
PRIMARY EDUCATION
PRIMARY HEALTH CARE
PRISON
PRISONER
PRISONERS
PROGRESS
PUBLIC HEALTH
PUBLIC HOSPITALS
PUBLIC POLICY
PUBLIC SERVICES
QUALITY CARE
REFUGEES
RIGHT TO EDUCATION
RIGHT TO STRIKE
SCHOOL AGE
SCHOOL ATTENDANCE
SCHOOL CHILDREN
SCHOOL STUDENTS
SECONDARY EDUCATION
SERVICE PROVISION
SMOKING
SOCIAL BENEFITS
SOCIAL CHANGE
SOCIAL CLASS
SOCIAL CLASSES
SOCIAL JUSTICE
SOCIAL MOBILIZATION
SOCIAL MOVEMENTS
SOCIAL POLICIES
SOCIAL POLICY
SOCIAL RESEARCH
SOCIAL SECURITY
SOCIAL SECURITY SYSTEM
SPILLOVER
TERTIARY EDUCATION
URBAN CENTERS
VICTIMS
WILL
WORKERS
ACCESS TO HEALTH CARE
ACCESS TO JUSTICE
AGGRESSIVE
AIDS PATIENTS
ASYLUM
ASYLUM SEEKER
ATTORNEYS
BAIL
BASIC HEALTH CARE
BASIC NEEDS
CANCER
CHILD LABOR
CITIZEN
CITIZENS
CITIZENSHIP
CIVIL LAW
CIVIL LAW SYSTEMS
CLASS ACTIONS
COLLECTIVE ACTION
CONSTITUTIONAL COURT
CONSTITUTIONAL LAW
CORRUPTION
COUNSEL
COURT
COURT DECISIONS
COURTS
CRIMINAL
CRIMINAL LAW
DEMOCRACY
DETAINEES
DEVELOPMENT POLICY
DIABETES
DISABILITY
DISEASES
DRUGS
ECONOMIC RIGHTS
ECONOMIC STATUS
ECONOMICS
EMPOWERMENT
EQUALITY
FAMILIES
FAMILY INCOME
FUNDAMENTAL RIGHTS
GAYS
GIRLS IN SCHOOL
HEALTH CARE
HEALTH CARE PROVIDERS
HEALTH INSURANCE
HEALTH POLICY
HEALTH SERVICES
HEALTH SYSTEM
HIV
HIV INFECTIONS
HOSPITAL
HOSPITALS
HOUSEHOLD INCOME
HUMAN CAPITAL
HUMAN DEVELOPMENT
HUMAN LIFE
HUMAN RIGHTS
HYPERTENSION
ILLNESS
ILLNESSES
IMPORTANT POLICY
INDIVIDUAL RIGHTS
INEQUALITIES
INEQUALITY
JUDGES
JUDGMENTS
JUDICIAL DECISIONS
JUDICIAL REVIEW
JUDICIAL SYSTEMS
JUDICIARY
JURISDICTION
JURISPRUDENCE
LACK OF FOOD
LAWS
LEGAL CHANGE
LEGAL SYSTEMS
LEGISLATORS
LITIGATION
LOCAL GOVERNMENTS
LOW-INCOME POPULATIONS
MEDICAL CARE
MIGRANT
MIGRANT WORKERS
MINIMUM WAGE
MINORITY
MORBIDITY
MORTALITY
NATIONAL DRUG
NATIONAL LEVEL
NUMBER OF PEOPLE
NUTRITION
OFFENSE
PATIENT
PATIENTS
PHYSICIANS
POLICY DISCUSSIONS
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
POLIO
POLIO VACCINE
POLITICAL POWER
POLLUTION
POOR HEALTH
POPULATION DISTRIBUTION
PRACTITIONERS
PREGNANT WOMEN
PRIMARY EDUCATION
PRIMARY HEALTH CARE
PRISON
PRISONER
PRISONERS
PROGRESS
PUBLIC HEALTH
PUBLIC HOSPITALS
PUBLIC POLICY
PUBLIC SERVICES
QUALITY CARE
REFUGEES
RIGHT TO EDUCATION
RIGHT TO STRIKE
SCHOOL AGE
SCHOOL ATTENDANCE
SCHOOL CHILDREN
SCHOOL STUDENTS
SECONDARY EDUCATION
SERVICE PROVISION
SMOKING
SOCIAL BENEFITS
SOCIAL CHANGE
SOCIAL CLASS
SOCIAL CLASSES
SOCIAL JUSTICE
SOCIAL MOBILIZATION
SOCIAL MOVEMENTS
SOCIAL POLICIES
SOCIAL POLICY
SOCIAL RESEARCH
SOCIAL SECURITY
SOCIAL SECURITY SYSTEM
SPILLOVER
TERTIARY EDUCATION
URBAN CENTERS
VICTIMS
WILL
WORKERS
Brinks, Daniel M.
Gauri, Varun
The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
description Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same. Countries and policy areas characterized by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts, whereas areas dominated by individual litigation and individualized effects are less likely to have pro-poor outcomes. Using data on social and economic rights cases in five countries, the authors estimate the potential distributive impact of litigation by examining whether the poor are over or under-represented among the beneficiaries of litigation, relative to their share of the population. They find that the impact of courts varies considerably across the cases, but is positive and pro-poor in two of the five countries (India and South Africa), distribution-neutral in two others (Indonesia and Brazil), and sharply anti-poor in Nigeria. Overall, the results of litigation are much more positive for the poor than conventional wisdom would suggest.
topic_facet ACCESS TO HEALTH CARE
ACCESS TO JUSTICE
AGGRESSIVE
AIDS PATIENTS
ASYLUM
ASYLUM SEEKER
ATTORNEYS
BAIL
BASIC HEALTH CARE
BASIC NEEDS
CANCER
CHILD LABOR
CITIZEN
CITIZENS
CITIZENSHIP
CIVIL LAW
CIVIL LAW SYSTEMS
CLASS ACTIONS
COLLECTIVE ACTION
CONSTITUTIONAL COURT
CONSTITUTIONAL LAW
CORRUPTION
COUNSEL
COURT
COURT DECISIONS
COURTS
CRIMINAL
CRIMINAL LAW
DEMOCRACY
DETAINEES
DEVELOPMENT POLICY
DIABETES
DISABILITY
DISEASES
DRUGS
ECONOMIC RIGHTS
ECONOMIC STATUS
ECONOMICS
EMPOWERMENT
EQUALITY
FAMILIES
FAMILY INCOME
FUNDAMENTAL RIGHTS
GAYS
GIRLS IN SCHOOL
HEALTH CARE
HEALTH CARE PROVIDERS
HEALTH INSURANCE
HEALTH POLICY
HEALTH SERVICES
HEALTH SYSTEM
HIV
HIV INFECTIONS
HOSPITAL
HOSPITALS
HOUSEHOLD INCOME
HUMAN CAPITAL
HUMAN DEVELOPMENT
HUMAN LIFE
HUMAN RIGHTS
HYPERTENSION
ILLNESS
ILLNESSES
IMPORTANT POLICY
INDIVIDUAL RIGHTS
INEQUALITIES
INEQUALITY
JUDGES
JUDGMENTS
JUDICIAL DECISIONS
JUDICIAL REVIEW
JUDICIAL SYSTEMS
JUDICIARY
JURISDICTION
JURISPRUDENCE
LACK OF FOOD
LAWS
LEGAL CHANGE
LEGAL SYSTEMS
LEGISLATORS
LITIGATION
LOCAL GOVERNMENTS
LOW-INCOME POPULATIONS
MEDICAL CARE
MIGRANT
MIGRANT WORKERS
MINIMUM WAGE
MINORITY
MORBIDITY
MORTALITY
NATIONAL DRUG
NATIONAL LEVEL
NUMBER OF PEOPLE
NUTRITION
OFFENSE
PATIENT
PATIENTS
PHYSICIANS
POLICY DISCUSSIONS
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
POLIO
POLIO VACCINE
POLITICAL POWER
POLLUTION
POOR HEALTH
POPULATION DISTRIBUTION
PRACTITIONERS
PREGNANT WOMEN
PRIMARY EDUCATION
PRIMARY HEALTH CARE
PRISON
PRISONER
PRISONERS
PROGRESS
PUBLIC HEALTH
PUBLIC HOSPITALS
PUBLIC POLICY
PUBLIC SERVICES
QUALITY CARE
REFUGEES
RIGHT TO EDUCATION
RIGHT TO STRIKE
SCHOOL AGE
SCHOOL ATTENDANCE
SCHOOL CHILDREN
SCHOOL STUDENTS
SECONDARY EDUCATION
SERVICE PROVISION
SMOKING
SOCIAL BENEFITS
SOCIAL CHANGE
SOCIAL CLASS
SOCIAL CLASSES
SOCIAL JUSTICE
SOCIAL MOBILIZATION
SOCIAL MOVEMENTS
SOCIAL POLICIES
SOCIAL POLICY
SOCIAL RESEARCH
SOCIAL SECURITY
SOCIAL SECURITY SYSTEM
SPILLOVER
TERTIARY EDUCATION
URBAN CENTERS
VICTIMS
WILL
WORKERS
author Brinks, Daniel M.
Gauri, Varun
author_facet Brinks, Daniel M.
Gauri, Varun
author_sort Brinks, Daniel M.
title The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
title_short The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
title_full The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
title_fullStr The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
title_full_unstemmed The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights
title_sort law’s majestic equality? the distributive impact of litigating social and economic rights
publishDate 2012-03-01
url http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20120315110008
https://hdl.handle.net/10986/3287
work_keys_str_mv AT brinksdanielm thelawsmajesticequalitythedistributiveimpactoflitigatingsocialandeconomicrights
AT gaurivarun thelawsmajesticequalitythedistributiveimpactoflitigatingsocialandeconomicrights
AT brinksdanielm lawsmajesticequalitythedistributiveimpactoflitigatingsocialandeconomicrights
AT gaurivarun lawsmajesticequalitythedistributiveimpactoflitigatingsocialandeconomicrights
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