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

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.