The 1994 Argentine constitutional reforms introduced a plethora of economic, social and cultural rights to the text of the constitution, along with innovative procedural devices for vindicating those rights. More than two decades later, we have a wealth of experience with judicial interpretation and enforcement of these rights, and civil society use of the rights to pursue complex policy goals. This chapter explores that experience and describes the ways in which certain rights – such as the right to health, housing and a healthy environment – have been enforced through judicial orders. It focuses especially on the various ways in which courts have addressed the difficult task of designing, implementing and monitoring solutions to alleged violations of rights, when those violations have complex social and economic roots and any solutions consequently require extensive and long-term state involvement.

This chapter considers the institutional implications of the multi-factoral model in national law. Given its involving an ineliminable need for judgment, this chapter argues for an approach to law reform that focuses on enhancing the quality of decision-making within the corporation surrounding its fundamental rights obligations. Doing so, I argue requires focusing much attention on reforms to corporate law that can help ‘constitutionalise’ fundamental rights within the basic legal structure of the corporation itself. I propose a series of law reforms that include expanding the diversity of the directors; developing a new fiduciary duty specifically relating to fundamental rights; enhancing disclosure requirements; developing a new enforcement action allowing directors to be sued in their personal capacity for rights violations; creating regulatory fines and financial penalties for rights violations; implementing an enhanced framework for shareholder obligations; rejecting the business judgment rule where fundamental rights are involved; and the utilisation of dialogical remedies by courts.