Social & Economic Justice

While civil-political rights grabbed centre stage in the twentieth century, the twenty-first has witnessed the rise of social and economic rights (SERs)—claims to health, housing, education, and an adequate standard of living. Traditionally criticised as non-justiciable “aspirations,” SERs have gained legal traction through constitutional entrenchment in over 80 countries and landmark judgements like South Africa’s Grootboom (housing) and Colombia’s “Tutela” jurisprudence (health-care access).

Economic justice extends beyond litigation to distributive policy. Thomas Piketty’s inequality research and the UN’s Sustainable Development Goals frame poverty reduction as a rights-based imperative rather than charity. Yet fiscal capacity varies widely. Comparative public-finance studies show that progressive tax-to-GDP ratios above 25 percent correlate with improved SER outcomes, but only when coupled with transparent expenditure tracking. Conditional cash-transfer programmes (e.g., Brazil’s Bolsa Família) demonstrate how targeted social protection can mitigate poverty without distorting labour markets, provided they align with local governance capabilities.

Legal empowerment plays a pivotal role. Community land-tenure mapping in Tanzania and paralegal-supported claims for social-security benefits in India illustrate how grassroots mobilisation translates abstract rights into tangible entitlements. Meanwhile, impact litigation can generate systemic change, but risks judicial overreach if remedies exceed administrative capacity. Scholars thus advocate a dialogic model in which courts set compliance targets while leaving policy design to the executive, fostering inter-branch cooperation.

Climate justice has added an intergenerational dimension: rising sea levels and extreme weather disproportionately affect low-income communities, linking environmental stewardship to social equity. Emerging “just transition” frameworks call for redistribution of carbon-pricing revenues to offset energy-price shocks on vulnerable households.

Ultimately, social and economic justice encapsulates a normative commitment and a governance challenge: to design institutions that equitably allocate resources while preserving individual agency and dignity. Only by bridging doctrinal, fiscal, and participatory gaps can societies realise the transformative promise embedded in these rights.