Giving Individual Remedies in Social Rights Litigation Their Due

In “Giving Individual Remedies in Social Rights Litigation Their Due,” Ed Béchard-Torres examines the role of individualized relief in social rights cases. While often criticized for neglecting systemic issues and potentially leading to regressive outcomes, he argues that individual remedies can refocus government attention on vulnerable populations. Using case studies, particularly from South African eviction law, he illustrates how courts can foster productive engagement between the state and claimants, leading to practical solutions and bolstering administrative capacities. Béchard-Torres concludes that carefully tailored individual remedies can mitigate systemic failures and promote a more rights-based governance approach without disadvantaging non-litigants.