In the last 20 years, several countries in Latin America have sought uneven and disparate legal transformations affecting the lives of lesbian, gay, bisexual, and transgender (LGBT) individuals and collectives. These new legal measures have taken place simultaneously, with deepening structures of social, gender, and sexual injustice challenging their view as indicators of progressive change. In this contradictory context, LGBT social policies have emerged as a specialized field of state action because of two parallel trends: the macro political politics affecting the region, and the accumulated experience of gender and sexual social mobilizations in their interactions with the state. There are many variations of this emerging field of social policies because it is shaped by the meaning provided by local actors such as interest groups, activists, and policy makers, and their translation into policy lobbying, policymaking, and policy negotiation. As result of these innovations, gender identity and sexual orientation have nowadays entered into the language of policymaking and policy implementation. These legal measures have opened spaces for social and political participation that were not there before. Nevertheless, LGBT policies are new regimes of governmentality that control the inclusion of gender and sexual social mobilizations into citizenship and democracy.
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Public Policies Toward LGBT People and Rights in Latin America
José Fernando Serrano-Amaya, Manuel Alejandro Rodríguez Rondón, and Natalia Daza-Niño
Article
The Amsterdam Treaty
Sophie Vanhoonacker
The Treaty of Amsterdam was the result of the 1996–1997 Intergovernmental Conference (IGC) among the then 15 EU member states (March 1996–June 1998). Its three core objectives were making Europe more relevant to its citizens, enabling it to work better and preparing it for enlargement, and giving it greater capacity for external action. It was the first IGC since the enlargement with Austria, Finland, and Sweden, who had joined the European Union (EU) in 1995. The negotiations took place in the aftermath of the collapse of the communist regimes in Central and Eastern Europe, opening the prospect of an eastern enlargement. Shortly before the start of the IGC, the Madrid European Council (December 1995) had confirmed that the decisions on launching the accession negotiations would be taken within six months of the conclusion of the IGC.
The Treaty was not the critical juncture in European-integration history, which the previous Maastricht Treaty had been. The 1996–1997 IGC tried to complete some of the unfinished work of its predecessor. This included the further extension of qualified majority voting (QMV) and codecision, the shaping of a European security policy and making further progress in dossiers such as energy, civil protection, and the hierarchy of norms. Still it would be erroneous simply to downplay the Treaty as a mere “leftover” text. Under the leadership of the successive Italian, Irish, and Dutch presidencies, the heads of state or government reached an agreement on an employment chapter, a strengthening of social policy, the creation of the position of a high representative for the Common Foreign and Security Policy (CFSP), a partial communitarization of cooperation in the field of Justice and Home Affairs (JHA), provisions on flexible integration and the integration of Schengen into the Treaty. Highly sensitive issues such as the reweighting of the Council voting system and the size of the European Commission were postponed to the next IGC. After a relatively smooth ratification process, which raised little public attention, the Treaty of Amsterdam entered into force on May1, 1999.
Article
The Changing Shapes of Latin American Welfare States
Evelyne Huber and Zoila Ponce de León
Latin American welfare states have undergone major changes over the past half century. As of 1980, there were only a handful of countries (Argentina, Brazil, Chile, Costa Rica, and Uruguay) with social policy regimes that covered more than half of their population with some kind of safety net to insure adequate care during their old age and that provided adequate healthcare services. With few exceptions, access to social protection and to healthcare in these countries and others was based on formal employment and contributions from employees and employers. There were very few programs, and those few were poorly funded, for those without formal sector jobs and their dependents. The debt crisis and the ensuing neoliberal reforms then damaged the welfare state in all countries, including these leading nations. Deindustrialization, shrinking of the public sector, and cuts in public expenditures reduced both coverage and quality of transfers and services. Poverty and inequality rose, and the welfare state did little to ameliorate these trends.
With the turn of the century, the economic and political situation changed significantly. The commodity boom eased fiscal pressures and made resources available for an increase in public social expenditure. Democracy was more consolidated in the region and civil society had recovered from repression. Left-wing parties began to win elections and take advantage of the fiscal room which allowed for the building of redistributive social programs. The most significant innovation has been expansion of coverage to people in the informal sector and to people with insufficient histories of contributions to social insurance schemes. The overwhelming majority of Latin Americans now have the right to some kind of cash assistance at some point in their lives and to healthcare provided by their governments. In many cases, there have also been real improvements in the generosity of cash assistance, particularly in the case of non-contributory pensions, and in the quality of healthcare services. However, the least progress has been made toward equity. With very few exceptions, new non-contributory programs were added to the traditional contributory ones; severe inequalities continue to exist in the quality of services provided through the new and the traditional programs.
Article
Courts and Social Policy
Jeb Barnes
How do courts affect social policy? Answering this question is deceptively complex. Part of the challenge stems from the sheer scope of contemporary judicial policymaking, particularly in the United States, where litigation reaches into nearly every nook and cranny of the American welfare state and casts a shadow on policy issues ranging from marriage equality to healthcare reform. Another obstacle is that scholars remain deeply divided on fundamental questions about the nature of judicial decisions and how their policy effects should be studied. These disagreements, in turn, have engendered three very different approaches to studying the role of courts in social policy that often talk past each other. The dominant approach views judicial decisions as prescriptive rules—legal commands from the bench—and asks: To what extent do judicial decisions change policy? This view implies that judicial decisions are “treatments” whose efficacy should be tested by measuring shifts in policy outcomes from the pre- to post-treatment period or across treatment and control groups. An alternative tradition envisages judicial decisions as a potential resource, which can be used by activists as leverage in building movements and pursuing agendas in multiple forums. Here, the core question is not whether court decisions produce abrupt policy shifts, but how activists use these decisions to challenge the status quo, mobilize interests, and generate pressure for policy change. A third approach sees legal precedent as a constitutive framework that shapes and constrains policymaking and its politics over time. The test for whether law matters under this approach centers on the degree to which judicial decisions influence the developmental trajectories of policy and politics, which includes consideration of paths not taken in the policymaking process.
That is not to say that the literature is wholly discordant. Despite their significant conceptual differences, these approaches tend to converge on the general idea that judicial policymaking shares many attributes with other policymaking processes: the implementation of judicial decisions, like statues and regulations, is contested and subject to capture by sophisticated interests; litigation, like lobbying, is a form of mobilization that seeks to translate policy grievances into effective political demands; judicial precedents, like other policies, generate policy feedback. Identifying similarities between judicial policymaking and its counterparts is a signature achievement in the study of courts and social policy, which has largely dispelled the “myth of rights” and simplistic notions that the law is somehow removed from politics. Yet it arguably has had an unintended effect. Normalizing judicial policymaking—making it seem like other types of policymaking—threatens to render it less interesting as a distinct topic for research. This article suggests the time has come for all of the various research traditions in the field to return to foundational questions about what makes judicial policymaking distinctive, and systematically study how these particular tilts and tendencies influence the continuing colloquy that drives the policymaking process.
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Welfare State Research and Comparative Political Economy
Silja Häusermann
Which risks are social and which are private? How much of their GDP do states spend on social welfare? Who exactly is entitled to which benefits? Is it still possible to finance an encompassing welfare state in times of deindustrialization, technological and demographic change, and globalization? And why do the answers to these questions differ so much across countries? These and similar questions—all central to social cohesion in capitalist democracies—ensure that the analysis of welfare politics is one of the theoretically as well as methodologically most dynamic and richest research areas within comparative political economy and political science more generally. Besides outlining the comparative development and the difficulty of measuring social policy, the focus of this contribution lies in a critical review of the most important past and current theoretical debates in the field of welfare state research, as a subfield of comparative political economy. These debates include party- and power-resource-centered approaches and their critiques, institutional explanations of welfare state retrenchment and restructuring, and the importance of multidimensional distributional effects for the analysis of social policy. The article concludes with a review of three more recent debates: the importance of public opinion and individual preferences for the development of the welfare state, the interaction of social policy and the changes of party systems, and the increasing relevance of social investment policies. The political and scientific need for innovative political science research will continue for the foreseeable future: Theory building and methodological possibilities are developing quickly, and the welfare states as research subject are constantly being challenged.