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Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South

Diana Rodríguez-Franco, MA, JD, PhD, will discuss the central arguments of her book, Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South, which she co-authored with Cesar Rodríguez-Garavito (Cambridge University Press, 2015). The book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a detailed, qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court’s structural injunction affecting the rights of more than four million internally displaced people (IDPs) in Colombia, and its implementation process.

Diana Rodríguez Franco is the director of the Environmental Justice division at the Center for Law, Justice and Society (Dejusticia) in Bogota, Colombia. She holds a Ph.D. and an M.A. in Sociology from Northwestern University, and a J.D. and B.A. in Economics from the University of Los Andes (Colombia). Her work focuses on environmental democracy, environmental politics, the political economy of development, Global South constitutionalism, intellectual property rights and access to medicines, human rights, sociology of law, economic, social and cultural rights, and strategic litigation.

The talk, followed by Q&A with the audience, will trace the case’s evolution over the last ten years, from its origins to its effects on law, policy, politics, and public opinion. It will also compare the implementation and effects of the ruling on IDPs to those of other structural rulings on the right to health, the right to food, prison overcrowding, and the right to housing in Colombia, India, and South Africa. This event will be of interest to scholars of comparative politics, law, comparative constitutionalism, global justice, human rights, global health, and the political economy of the Global South in general.

Organized by the Yale College Global Health Studies Multidisciplinary Academic Program. Co-sponsors: Yale Global Health Justice Partnership and Yale MacMillan Center Council on Latin American & Iberian Studies

Venue

Sterling Law Buildings Yale Law School https://map.yale.edu/place/building/SLB? 127 Wall Street New Haven CT 06511