For years, international bodies like the UN and NGOs have advocated for judicializing economic social cultural rights (ESCRs). This article examines the effects of including three specific ESCR-related provisions in national constitutions: education, health, and social security. Using a large panel covering annual data from 160 countries between 1960-2010, we find no clear evidence that constitutional inclusion leads to broadly positive outcomes across society.
However, the study does document significant negative effects down the road on several fronts: educational indicators show unexpected declines; inflation rates spike after such provisions are added; and civil liberties face increased restrictions during this transition period. These findings suggest a complex relationship between formally embedding ESCRs in constitutions and producing positive social results.
| Do Social Rights Affect Social Outcomes? was authored by Christian Bjørnskov and Jacob Mchangama. It was published by Wiley in AJPS in 2019. |
