ABSTRACT

When we critically referred to the distinction between negative and positive rights in Chapter 1, we said that only very few rights could be ensured by refraining from interfering with individual action. Indeed, the great majority of rights, the so-called negative as much as the so-called positive, demand the affirmative action of providing goods and services, which also means the full participation of economics. It is quite obvious that ensuring many human rights, most especially economic, social and cultural rights, demands the production of both tangible objects, like houses, and intangible services like justice or social security. As with every human right, this provision of goods and services raises the questions of how and by whom should these goods and services be produced, and also how should they be distributed within the community. As one would expect, the answer to these questions differs according to which goods and services we are talking about. Some general questions apply to all, however.