2008]
The Minimum Core of Economic and Social Rights
173
the analytical philosophers” 350 that the Essence Appro ach most fully recalls,
nor do we rely on the positivist toolk it of the Consensus Approach or the
institutionalist insights of Obligations. Instead, we must adopt instrumental,
motion-oriented metaphors to investigate this claim.
Such analysis may invite a differen t prospect and a different politics for
the minimum core concept. It is not one that can pr escribe a more determinate
formula for the Committee, for supr anational tribunals and constitutional
courts, or socioeconomic policy makers . Instead, it ass esses whether t he
minimum core concept might catalyze claims and broach new alliances by
drawing attention to the expressive and symbolic f eatures of t he minimum
core idea. It recognizes that the la nguage deployed in cl aims of material
distribution or r edistribution—discourses involving poverty, mat erial need,
and the statistics of available GDP—ha s profound political consequences. In
other words, even if a
concept has an admirabl e legal pedigree or a
recognizable institutional operation, it is still meaningful to investigate how it
structures the discourse around the redistributions in question. Theorists of the
welfare state, in the United States and elsewhere, have long sought to expose
the damaging moral and political work done by the words used to describe the
condition of “the poor.” Key words like “dependency,” 351 (especially in the
United States) have focused attention on a perceived lack of self-reliance and
self-control on behalf of certain groups. Labels like “pauper” have sought to
separate able-bodied people from the disabled, sick, and elderly. Indeed, in
every needs-based program, advocates and detractors alike have drawn
352
Such
distinctions between the dese rving and the undeserving poor.
distinctions stigmatize the claimants in classifications which are at odds with
the notion of rights. This stigma soun ds in a failure to shore up political
support for economic and social rights, and indeed, is at the base of political
backlash against them.353
It is thus necessary to investig ate whether the core and non-core
distinctions of economic and social ri ghts simply repeat these categorizations.
The fact that the concept seeks to
set universal entitlements for every
individual based on the theory of righ ts apparently distinguishes it from
merits-based classifications—by adopting “targeting within universalism” and
“helping the poor by not talking about them” 354 as long-term, politically
nuanced policy strategies. But I believe that it is necessary to investigate
whether the minimum core language also manages somehow to smuggle the
desert-based classifications back in. It becomes necessary to examine, for
350. Id. at 264.
351. See Nancy Fraser & Linda Gordon, A Genealogy of Dependency: Tracing a Keyw ord of
the U.S. Welfare State, 19 SIGNS: J. OF WOMEN & CULTURE IN SOC’Y 309 (1994).
352. MICHAEL B. KATZ, THE UNDESERVING POOR: FROM THE WAR ON POVERTY TO THE WAR
ON WELFARE 8 (1989) (describing how Am erican political discourse on poverty “slipped easily,
unreflectively, into a language of fa
mily, race, and culture rather than ineq uality, power, and
exploitation”); Thomas Ross, The Rhetoric of Poverty: Their Immorality, Our Helplessness, 79 GEO. L.J.
1499 (1991).
353. FRASER & HONNETH, RECOGNITION OR REDISTRIBUTION, supra note 26.
354. Theda Skocpol, Targeting with Universa lism: Politically Viable Policies to Combat
Poverty in the United States , in THE URBAN UNDERCLASS 411, 427 (Christopher Jencks & Paul E.
Peterson eds., 1991) (proposing targeting within universalism).
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