Disability rights in practice: the relationship between human rights and social rights in contemporary social care

Abstract

Using the contemporary arena of social care as an example, this article challenges the either/or dichotomy set up by some disability writers and activists between the favoured civil and human rights on the one hand and discredited social rights on the other. Rather, the article concludes, claims to these differing types of right are mutually reinforcing and can be mobilised strategically in disabled people’s struggles for greater social justice. In particular, there is the potential for expanding disabled people’s social rights to both direct services and direct payments by enforcing the positive obligations on public authorities conferred by human rights legislation and challenging rationing regimes.