Caliban Unleashed: What role for strategic litigation in an illiberal era?

Author: Alicia Ely Yamin

What is the role for strategic litigation of social rights, and in particular health rights, in a world where democratic social practices and institutions are loosing ground and where conservative agendas seek to revoke the rights of minorities? In a recent article in “Open Global Rights”, Alicia  Ely Yamin argue that in changing political climates, courts have an inherent role to play in establishing principles and criteria relating to the functioning of a democratic health system. ” There are inherent limitations in litigating health rights, but it has led to important victories, and must remain a key strategy as populism surges” Yamin writes.