Effective remedies & structural orders for social rights violations

Citation

Mukherjee G (2022) Effective remedies & structural orders for social rights violations. Nuffield Foundation. Access to Justice For Social Rights: Addressing The Accountability Gap. London.

Abstract
This briefing document has been prepared for the Nuffield Foundation project on ‘Access to Justice For Social Rights: Addressing The Accountability Gap’, led by Dr. Katie Boyle. After setting out in brief the motivations behind the overall project, this writeup addresses the following using a comparative law lens: a) the meaning of an effective remedy for social rights violations (Part I), b) the conditions for the grant and success of structural remedies for social rights violations (Part II), c) possible models for structural remedies (Part III), d) design principles for such structural remedies (Part IV). The experience of social rights litigation and the strategies used by litigants in courts around the world for social rights violations can help inform approaches in the UK.