Access to Justice for Social Rights: Addressing the Accountability Gap
The Nuffield Foundation has funded a project on ‘Access to Justice for Social Rights: Addressing the Accountability Gap’ based at the University of Stirling.
The project explores the barriers faced by rights holders in accessing justice for violations of social rights across the UK. The project seeks to better understand the existing gaps between social rights in international human rights law, and the practice, policy and legal frameworks across the UK at the domestic level. It aims to propose substantive legal solutions – embedding good practice early on in decision making as well as proposing new legal structures and developing effective remedies for marginalised groups when violations occur (meaning proposing substantive change to the conception of ‘justice’ as well as the means of accessing it).
“We are delighted to be working with the Nuffield Foundation on such an important area that is critical to the everyday lives of people across the UK. The project addresses systemic issues around the protection of rights relating to housing, social security, poverty and an adequate standard of living. There are significant barriers faced in accessing justice in relation to these rights, the onset of COVID exacerbates an already precarious framework. The research listens to those with experience in supporting rights holders and through both legal and qualitative analysis proposes ways forward to address the social rights accountability gap.”
Professor Katie Boyle, Principal Investigator
The project is informed by empirical data generated through interviews with practitioners who support rights holders experiencing violations of social rights as well as desk-based research on the legal frameworks domestically and comparatively. There is a particular focus on the right to adequate standard of living, including the right to adequate housing, the right to social security and the right to freedom from poverty (including fuel poverty and food poverty). Uniquely, the project examines the status of the rights, and the routes to remedy for violations, in each of the devolved jurisdictions. The research therefore aims to provide a clearer picture of social rights violations and access to justice as experienced in England, Wales, Northern Ireland and Scotland.
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Project team
- Professor Katie Boyle
- Dr Diana Maria Josephina Camps
- Kirstie English
- Aidan Flegg
- Gaurav Mukherjee
The team is supported by three Expert Advisory Groups on Research Methods, Social Rights, and a Practitioner panel of experts.
Our work
Main report
Katie Boyle, Diana Camps, Kirstie English & Jo Ferrie, The Practitioner Perspective on Access to Justice for Social Rights: Addressing the Accountability Gap (Nuffield Foundation 2022)
A set of four briefing papers on the UK’s legal obligations relating to social rights (taken together or as stand-alone papers)
1. Katie Boyle & Aidan Flegg, Economic, Social and Cultural Rights: International Legal Obligations - An Explainer (Nuffield Foundation 2022)
2. Katie Boyle & Aidan Flegg, The Right to Social Security in the UK – An Explainer (Nuffield Foundation 2022)
3. Katie Boyle & Aidan Flegg, The Right to Adequate Housing in the UK – An Explainer (Nuffield Foundation 2022)
4. Katie Boyle & Aidan Flegg, The Right to Food in the UK – An Explainer (Nuffield Foundation 2022)
Additional briefing papers
Katie Boyle, The access to justice journey (Nuffield Foundation 2022)
Aidan Flegg & Katie Boyle, The UK’s unmet legal needs: a comparative study of legal aid and the social rights gap (Nuffield Foundation 2022)
Gaurav Mukherjee, Effective remedies & structural orders for social rights violations (Nuffield Foundation 2022)
Kirstie English, Thematic analysis on access to justice for social rights: An Explainer (Nuffield Foundation 2022)
Diana Camps, An interdisciplinary research approach: A legal and discursive analysis of social rights policy in the UK (Nuffield Foundation 2022)
More work
Video: Dr Boyle delivers evidence to the Equalities and Human Rights Committee at the Scottish Parliament
The Right to an Effective Remedy and Accountability in the Privatisation of Public Services
Boyle K (2020) The Right to an Effective Remedy and Accountability in the Privatisation of Public Services. European Human Rights Law Review, 2020 (6), pp. 610-623.
Economic and Social Rights Law: Incorporation, Justiciability and Principles of Adjudication
Boyle K (2020) Economic and Social Rights Law: Incorporation, Justiciability and Principles of Adjudication. Routledge Research in Human Rights Law. Abingdon: Routledge: Taylor & Francis Group. https://www.routledge.com/Economic-and-Social-Rights-Law-Incorporation-Justiciability-and-Principles/Boyle/p/book/9781138298880
Boyle And Camps Written Evidence Independent Review of Administrative Law 19 Oct 2020
Boyle K & Camps D Boyle And Camps Written Evidence Independent Review of Administrative Law 19 Oct 2020. Independent Review of Administrative Law.
Equality and Human Rights Committee: UNCRC (Incorporation) (Scotland) Bill Written Evidence
Boyle K (2020) Equality and Human Rights Committee: UNCRC (Incorporation) (Scotland) Bill Written Evidence. Scottish Parliament Equality and Human Rights Committee.
Boyle K (2020) Ad Hoc Committee on a Bill of Rights, OFFICIAL REPORT (Hansard), Briefing by Dr Katie Boyle, 17 September 2020. Northern Ireland Assembly. Northern Ireland.
Boyle K (2020) Comparative International and Devolved Best Practice, Ad Hoc Bill Committee on a Bill of Rights Written Evidence , 8 September 2020. Northern Ireland Assembly, Ad Hoc Committee on a Bill of Rights. Northern Ireland. http://www.niassembly.gov.uk/assembly-business/committees/2017-2022/ad-hoc-committee-on-a-bill-of-rights/written-briefings/dr-katie-boyle/
Boyle K (2021) Academic Advisory Panel to the National Taskforce for Human Rights Leadership: The Meaning and Content of Duties to be Considered for Inclusion in the Bill. National Task Force on Human Rights Leadership. Scottish Government. https://www.gov.scot/binaries/content/documents/govscot/publications/factsheet/2021/01/national-taskforce-for-human-rights-leadership-academic-advisory-panel-papers/documents/aap-paper-katie-boyle---meaning-and-content-of-duties/aap-paper-katie-boyle---meaning-and-content-of-duties/govscot%3Adocument/AAP%2BPaper%2B-%2BNationalTaskforce%2B-%2BKatie%2BBoyle%2B-%2BMeaning%2Band%2BContent%2Bof%2BDuties%2B-%2BJuly%2B2020%2B%25281%2529.pdf
Research Report
Boyle K (2021) Academic Advisory Panel Briefing Paper: Access to Justice for Economic, Social, Cultural and Environmental Rights Principles of Adjudication 1 September 2020. National Task Force on Human Rights Leadership. The Scottish Government. https://www.gov.scot/binaries/content/documents/govscot/publications/factsheet/2021/01/national-taskforce-for-human-rights-leadership-academic-advisory-panel-papers/documents/aap-paper-katie-boyle---access-to-justice/aap-paper-katie-boyle---access-to-justice/govscot%3Adocument/AAP%2BPaper%2B-%2BNationalTaskforce%2B-%2BKatie%2BBoyle%2B-%2BAccess%2Bto%2BJustice.pdf
Research Report
Boyle K (2021) Academic Advisory Panel Briefing Paper Access to Remedy – Systemic Issues and Structural Orders 30 November 2020. National Task Force on Human Rights Leadership. The Scottish Government.