Can we use Rights to Justify Housing Provision?

Abstract

This paper will consider whether right claims offer sufficient justification for housing provision. It will define rights and discuss the nature of rights-based theories. Attempts to categorise rights theories are considered, particularly the dichotomy between positive and negative rights, the distinction between first, second and third generation rights, and universal versus relative conceptions of rights. Two arguments will be given which suggest that rights-based claims do not offer a sufficient justification, namely, Waldron's argument on the need for rights to be situated and O'Neill's constructivist conception of rights based on imperfect duties.