chapter  5
19 Pages

The Distributive Potential of Human Rights

ByLinda Barclay

This chapter argues that while human rights can assert clear and relatively uncontroversial claims, this does not obviate the need to rely on views about distributive justice. One must appeal to claims about distributive justice in order to explain much of the detail missing in human rights law. The chapter also argues that this is especially so of the Convention on the Rights of Persons with Disabilities (CRPD). It then argues that the CRPD will often have to rely on considerations of distributive justice for its application, and develops this argument by exploring whether the CRPD makes inflated claims about our human rights. Defenders of the CRPD have been keen to play down any perception that it is particularly ambitious. The chapter discusses two possible responses to the charge of rights inflation: that the CRPD merely turns existing negative rights into positive rights, and that it protects only against discrimination.