ABSTRACT

This chapter distinguishes between different kinds of rights: natural rights and human rights in the 'universal realm' and programmatic rights and positive legal rights in the 'national realm'. It thus provides a context for understanding rights-claims in relation to the informal economy. The chapter further considers unintended consequences that may result from an uncritical pursuit of absolute rights. The jurisprudential roots of natural rights are to be found in the natural law tradition, which holds that 'what naturally is, ought to be'. According to human rights advocates, every human being ought to have access to the rights specified in the international instruments, and nation states- as well as relevant international bodies- ought to ensure their delivery. A programmatic approach to rights 'binds the State and public authorities only to the development and implementation of social policies, rather than to the legal protection of individuals'.