Abstract

ETCHICHURY, Horacio Javier. A Restrictive Turn. The Argentinian Court’s New Orientation on Social Rights. Rev. Derecho [online]. 2020, n.53, pp.30-58.  Epub June 06, 2021. ISSN 0121-8697.  https://doi.org/10.14482/dere.53.323.0982.

After a decade of progressively enforcing social rights, Argentina’s Supreme Court started a new course in a 2012 decision on the right to housing. There the Court adopted a more restrictive approach to judicial enforcement of social rights. In the following years, it also limited the scope of the groups entitled to those rights and did not include relevant criteria adopted by the UN Committee on Economic, Social and Cultural Rights. Two new judges joined the Court in 2016, and they seem to consolidate this restrictive approach. The article examines a series of decisions on social rights from 2012 to 2018 in order to provide a more detailed description of the process and its possible future development.

Keywords : Argentina; Social rights; Supreme Court; Judicial enforcement.

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