Welfare rights in theory and practice

The concept of welfare ‘rights’ is closely associated with the emergence of modern welfare states in the first half of the 20th century, which shifted responsibility for the relief of poverty from church and charity to the state. Despite their unquestioned importance to individual wellbeing, social cohesion and the enjoyment of other rights, these social rights have struggled to gain acceptance as concrete, enforceable entitlements. Perhaps as a consequence, they have been vulnerable to roll-back in recent decades. This chapter explores the various grey areas welfare rights inhabit. Part one focuses on whether they are best regarded as human rights or citizenship rights (although the two are not mutually exclusive). Related issues concern the clarity of what rights are conferred, their enforceability and the extent to which they should be contingent on the fulfilment of reciprocal responsibilities. Part two examines the nature of rights, considering the relationship between substantive rights – for example, to a minimum standard of living – and procedural rights, notably access to justice in arenas from frontline decision making to the higher courts. This feeds into wider consideration of the interdependence of civil, political and socio-economic rights. The chapter concludes by considering future research priorities emerging from the discussion.