Social rights (social contract theory)

Social rights are rights arising from the social contract. For example, James Madison advocated that a right such as trial by jury arose neither from nature nor from a constitution of government, but from reified implications of the social contract.[1] Social rights are very similar to political rights, and it can be understood that they are effectively the same concepts being exercised in a less extreme way.[2]

Rights
Theoretical distinctions
Claim rights and liberty rights Individual and group rights Natural rights and legal rights Negative and positive rights
Human rights
Civil and political Economic, social and cultural Three generations
Rights by beneficiary
Accused Animals Children Consumers Creditors Deaf Disabled Elders Farmers Fetuses Humans Indigenous Intersex Kings LGBT Transgender Men Minorities Parents Fathers Mothers Patients Peasants Plants Prisoners Robots States Students Victims Women Workers Youth
Other groups of rights
Assembly Association Asylum Civil liberties Digital Education Fair trial Food Free migration Health Housing Linguistic Movement Property Repair Reproductive Rest and leisure Self defense Self-determination of people Sexuality Speech Water and sanitation

Cécile Fabre argues that "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well-being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it follows that they should be constitutionalized."[3]

From a legal standpoint several approaches exercise and guarantee social rights; social rights under the constitution are rights of subjects or "subject rights". This assures that the public receives equal distribution of collective and private interests.[4]