The Discontent of Social and Economic Rights

Res Publica 24 (2):257-272 (2018)
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Abstract

One major objection to social rights is a failure of determining which precise social and economic claims should be granted rights status. The social rights debate has grappled with this ‘indeterminacy problem’ for quite some time, and a number of proposals have emerged aimed at fixing the content of these rights. In what follows I examine three distinct approaches to fleshing out the idea of a minimum threshold: social rights as the fulfilment of basic needs, social rights as the securing of a minimally decent life and social rights as a requirement of citizenship. Each of these proposals progressively expands on what the minimum threshold of social rights requires and, conversely, what obligations they generate on part of the state. I will show that none of these approaches is entirely satisfactory and suggest that the social rights debate look elsewhere to determine its content.

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Leticia Morales
Austral University of Chile

Citations of this work

Examen de proporcionalidad y adjudicación judicial de derechos sociales constitucionales.Federico De Fazio - 2019 - Isonomía. Revista de Teoría y Filosofía Del Derecho 51:95-115.
The Complex Structure of Health Rights.Michael Da Silva - 2020 - Public Health Ethics 13 (1):99-110.

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References found in this work

Political Liberalism.John Rawls - 1993 - Columbia University Press.
Justice as fairness: a restatement.John Rawls (ed.) - 2001 - Cambridge: Harvard University Press.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.
World Poverty and Human Rights.Thomas Pogge - 2002 - Ethics and International Affairs 19 (1):1-7.

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