Social Rights Scapegoating

11 Pages Posted: 24 Jul 2023

See all articles by Adam Chilton

Adam Chilton

University of Chicago - Law School

Cristián Eyzaguirre

The University of Chicago Law School

Mila Versteeg

University of Virginia School of Law

Date Written: July 13, 2023

Abstract

In Chile, many commentators, academics, and political leaders have spent years arguing that the limited nature of the social rights in the national constitution is partially responsible for the country’s economic and social inequality. It is thus unsurprising that changing the scope of the country’s social rights was a major focus of the recently failed constitutional reform effort. However, we argue that the long-running claim that Chile’s social problems were due to the limited nature of social rights can be thought of as social rights scapegoating. By social rights scapegoating, we mean that commentators blamed outcomes on constitutional rights, even though there is little evidence that countries’ socio-economic outcomes are a product of their specific social rights.

Keywords: Comparative Law, Comparative Constitutional Law, Constitutional Rights, Social Rights, Constitutional Law

Suggested Citation

Chilton, Adam and Eyzaguirre, Cristián and Versteeg, Mila, Social Rights Scapegoating (July 13, 2023). Available at SSRN: https://ssrn.com/abstract=4510940 or http://dx.doi.org/10.2139/ssrn.4510940

Adam Chilton (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

HOME PAGE: http://www.adamchilton.org

Cristián Eyzaguirre

The University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

HOME PAGE: http://https://www.law.uchicago.edu/jsd/eyzaguirre

Mila Versteeg

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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