Behaviorally Informed Economic and Social Rights

Abstract

Abstract Economic and social rights are incorporated into many national constitutions, and courts in many countries are effectively and legitimately enforcing them. However, the large majority of rights rulings addresses the cost of goods and services and focuses exclusively on access. There is now strong evidence that internal, psychological factors limit the enjoyment of economic and social rights, and that behaviorally informed policies can increase welfare and support rights fulfillment. These facts suggest there may exist a duty to use behavioral insights in the provision of social and economic goods and services. The evidence suggests that shifting choice architecture in a manner that moves the burden of proof to powerful actors, simplifying procedures for program eligibility and sign-up, establishing agencies to balance private advertising, promoting medications adherence, changing student beliefs about learning, providing opt-out savings programs, and using behaviorally informed regulation are particularly promising.