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Does Constitutionalizing Economic and Social Rights Promote their Fulfillment?

Author

Listed:
  • Elizabeth Kaletski

    (Ithaca College)

  • Lanse Minkler

    (University of Connecticut)

  • Nishith Prakash

    (University of Connecticut)

  • Susan Randolph

    (University of Connecticut)

Abstract

This paper explores whether constitutional provisions promote fulfillment of economic and social rights. This is accomplished by combining unique data on both enforceable law and directive principles with the Social and Economic Rights Fulfillment Index (SERF Index), which measures government fulfillment of such rights. The results indicate that there is a positive and significant correlation between enforceable law provisions and the right to health and education components of the SERF Index. The strongest relationship appears to be for the right to health component where the inclusion of an enforceable law provision on economic and social rights in the constitution is correlated with an increase in the health component by 9.55, or 13.0%, on average. These results support the idea that constitutional provisions may be one way to improve economic and social rights outcomes.

Suggested Citation

  • Elizabeth Kaletski & Lanse Minkler & Nishith Prakash & Susan Randolph, 2014. "Does Constitutionalizing Economic and Social Rights Promote their Fulfillment?," Economic Rights Working Papers 23, University of Connecticut, Human Rights Institute.
    • Handle: RePEc:uct:ecriwp:23
    Note: Paper presented at the conference America, Human Rights and the World, Marquette University September 27-29, 2007. The idea for this paper was prompted by a one-day workshop held by the Economic Rights Group at the University of Connecticut entitled Instantiating Economic Rights. I thank ERG members for comments on this version, especially Shareen Hertel, Susan Randolph and Lyle Scruggs. I also thank David Forsythe, Richard Goldstone, Wiktor Osiatynski, and Richard Ashby Wilson for their comments.
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    References listed on IDEAS

    as
    1. Minkler, Lanse & Prakash, Nishith, 2017. "The role of constitutions on poverty: A cross-national investigation," Journal of Comparative Economics, Elsevier, vol. 45(3), pages 563-581.
    2. Mwangi S. Kimenyi, 2005. "Economic Rights, Human Development Effort and Institutions," Working papers 2005-40, University of Connecticut, Department of Economics.
    3. Susan Randolph & Sakiko Fukuda-Parr & Terra Lawson-Remer, 2009. "Economic and Social Rights Fulfillment Index: Country Scores and Rankings," Working papers 2009-27, University of Connecticut, Department of Economics.
    4. Chris Jeffords & Lanse Minkler, 2016. "Do Constitutions Matter? The Effects of Constitutional Environmental Rights Provisions on Environmental Outcomes," Kyklos, Wiley Blackwell, vol. 69(2), pages 294-335, May.
    5. Brinks, Daniel M. & Gauri, Varun, 2012. "The law's majestic equality ? the distributive impact of litigating social and economic rights," Policy Research Working Paper Series 5999, The World Bank.
    6. David L. Richards & K. Chad Clay, 2010. "Measuring Government Effort to Respect Economic, Social, and Cultural Rights," Economic Rights Working Papers 13, University of Connecticut, Human Rights Institute.
    7. Steven C. Poe & Nicolas Rost & Sabine C. Carey, 2006. "Assessing Risk and Opportunity in Conflict Studies," Journal of Conflict Resolution, Peace Science Society (International), vol. 50(4), pages 484-507, August.
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    Cited by:

    1. Joshua C. Gellers & Christopher Jeffords, 2015. "Procedural Environmental Rights and Environmental Justice: Assessing the Impact of Environmental Constitutionalism," Economic Rights Working Papers 25, University of Connecticut, Human Rights Institute.
    2. Christopher Jeffords, 2015. "A Panel Data Analysis of the Effects of Constitutional Environmental Rights Provisions on Access to Improved Sanitation Facilities and Water Sources," Economic Rights Working Papers 24, University of Connecticut, Human Rights Institute.

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    More about this item

    Keywords

    Economic and social rights; Constitutional provisions;

    JEL classification:

    • A13 - General Economics and Teaching - - General Economics - - - Relation of Economics to Social Values
    • B59 - Schools of Economic Thought and Methodology - - Current Heterodox Approaches - - - Other
    • P46 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Consumer Economics; Health; Education and Training; Welfare, Income, Wealth, and Poverty

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