Adapting Human Rights

48 Pages Posted: 2 Sep 2015

See all articles by Rhett Larson

Rhett Larson

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: August 31, 2015

Abstract

Governmental leaders, scholars, and activists have advocated for human rights to food, water, education, health care, and energy. Such rights, also called positive rights, would place an affirmative duty upon the state to provide a minimum quantity and quality of these goods and services to all citizens. But the characteristics of food, education, water, and health care are so different – in how they are produced, consumed, and financed – that the implementation of a positive right must be adapted to the distinctive characteristics of the good or service it guarantees. The primary aims of this adaptive implementation are transparency, enforceability and sustainability in the provision of positive rights. If a positive right is not adapted to its policy environment to achieve these aims, it will not be a viable means of protecting disadvantaged members of society. This Article uses the example of positive rights to public utilities, like water and energy, to illustrate adaptive implementation of positive rights. In doing so, this Article explains why and how a positive right must be adapted to public utilities’ unique policy environment.

Keywords: water law, public utilities, human rights, sustainability

Suggested Citation

Larson, Rhett, Adapting Human Rights (August 31, 2015). Duke Environmental Law & Policy Forum, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2654049

Rhett Larson (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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