Retrieving the Differences: the Distinctiveness of the Welfare Aspect of Human Rights from the Perspective of Judicial Protection

G. Arosemena*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review


Recently, the idea that all rights are positive and costly has come to prominence in international human rights law. This has been taken to imply that there are no reasons to object to providing economic, social, and cultural rights with the same level of protection than civil and political rights. The present contribution aims to reject this undifferentiated view. It argues that even if it is accepted that all rights are in a sense positive and costly, there are still strong grounds for finding the welfare implications of human rights problematic from the perspective of adjudication.

Original languageEnglish
Pages (from-to)239-255
Number of pages17
JournalHuman Rights Review
Issue number3
Early online date21 Aug 2014
Publication statusPublished - Sep 2015


  • Categories of human rights
  • Cost of rights
  • Economic, social and cultural rights
  • Justiciability
  • Negative and positive duties

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