Litigating for Progress: A Practical Guide to Enforcing Economic, Social, and Cultural Rights

How can we translate the promise of Economic, Social, and Cultural Rights—to health, housing, education, and a decent standard of living—from abstract principles into tangible legal victories? The principle of “progressive realisation” is a cornerstone of international human rights law, requiring states to move as expeditiously as possible towards the full enjoyment of these rights. Yet, its application in courts has remained elusive and inconsistent.

A groundbreaking new article, “Litigation on the Progressive Realisation of Economic, Social and Cultural Rights: Under What Conditions May It Be Strategic?” provides a crucial roadmap for activists, lawyers, and scholars. Published in December 2025, this work moves beyond theoretical acknowledgment to dissect the precise legal and strategic conditions under which litigation can effectively push the boundaries of judicial enforceability.

The study, authored by a distinguished and multidisciplinary team—Koldo Casla, Juli Ponce, Marion Sandner, María José Aldanas, Rafael Cid, and Irene Escorihuela—offers a comprehensive framework for strategic litigation. The authors argue that success hinges on carefully considering a set of key criteria before bringing a case.

The article identifies essential strategic pillars for litigation, including:

• The foundational existence of the legal obligation in national or international law.
• The articulation of the case as a violation of immediate duties, such as the obligation to take concrete steps or the prohibition of discrimination.
• The level of concreteness in the state’s positive obligations and the role of specific budgetary tools like earmarking.
• The strategic extension of legal principles already accepted by courts in other domains.
• The critical analysis of the state’s actions (or inactions) over a defined timeframe.
• The indispensable role of civil society in leading campaigns and providing vital evidence.

This research is more than an academic analysis; it is a practical toolkit for justice. It bridges the gap between international human rights commitments and their real-world enforcement, offering clear guidance for legal action before national, regional, and international judicial bodies.

By clarifying the path for strategic litigation, this article empowers advocates worldwide to more effectively hold governments accountable and turn the progressive realisation of rights from a promise into a legal reality.