Privatization and Welfare: A Comparative Perspective

Abstract

This Article adopts a comparative perspective on the use of privatization by governments in the welfare context. It begins by reviewing the extent of welfare privatization in the US, the UK, and Ireland, considering notable examples such as privatized welfare-to-work schemes and residential care. For example, the question of privatized welfare accommodation in the UK has resulted in significant litigation and a major judgment on privatization handed down by the House of Lords in 2007. The Article turns to a consideration of the challenges that arise from using privatization in the welfare context from the perspective of i) accountability and ii) human rights. The ways in which the different jurisdictions respond to the challenges of welfare privatization—and the lessons to be learned from those responses—are then assessed. Overall, it is argued that judicial or doctrinal responses to privatization are often inadequate and the extent to which there exist alternative mechanisms to ensure accountability and human rights protection in the context of welfare privatization are explored.