Limitations of socio-economic rights during armed conflicts: The “maximalist” perspective

Abstract

Abstract This article proposes a “maximalist”, vulnerability-based perspective as the appropriate lens through which limitations of socio-economic rights and the relevant obligations of States during armed conflicts and under conditions of scarcity should be assessed. It argues that as vulnerability and deprivation increase, so too does the weight of the claim protected by the right. The concrete measures required of a State nevertheless remain calibrated to its resources, institutional capacity, degree of control and other means reasonably available to it, including the possibility of seeking international assistance. In this sense, the proposed approach is maximalist as to the State’s effort and the level of protection toward which State action must be directed, but not absolute as to the results that must be achieved. The article also addresses potential objections and, while acknowledging their significance, explains why they do not have to contradict the proposed approach.