Welfare Rights and Conflicts of Rights

The fact that welfare rights – rights to food, shelter and medical care – will conflict with one another is often taken to be good reason to exclude welfare rights from the catalogue of genuine rights. Rather than respond to this objection by pointing out that all rights conflict, welfare rights proponents need to take the conflicts objection seriously. The existence of potentially conflicting and more weighty normative considerations counts against a claim’s status as a genuine right. To think otherwise would be to threaten the peremptory force – and hence the analytical integrity – of rights. The conflicts objection is made more pressing once we have conceded that welfare rights give people entitlements to what are potentially scarce goods. I argue that welfare rights can survive the conflicts objection if, and only if, we take scarcity into account in the framing of a given welfare right. Earlier versions of this paper were presented at the Nuffield Political Theory Workshop in Oxford and the Canadian Philosophical Association Congress 2006 at York University. I am grateful to Adam Swift, David Miller, Idil Boran, Sarah McCallum and two anonymous referees for their comments, and to the Economic and Social Research Council for research funding.