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26 Duke Envtl. L. & Pol'y F. 1 (2015-2016)

handle is hein.journals/delp26 and id is 1 raw text is: ADAPTING HUMAN RIGHTS RHETT B. LARSONt ABSTRACT Governmental leaders, scholars, and activists have advocated for human rights to food, water, education, health care, and energy. Such rights, also called positive rights, place an affirmative duty upon the state to provide a minimum quantity and quality of these goods and services to all citizens. But food, education, water, and health care are so different-in how they are produced, consumed, and financed-that the implementation of a positive right must be adapted to the distinctive characteristics of the good or service it guarantees. The primary aims of this adaptive implementation are transparency, enforceability and sustainability in the provision of positive rights. Only by adapting a positive right to its policy environment can such a right function as a viable means of protecting disadvantaged members of society. This article uses the example of positive rights to public utilities, such as water and energy, to illustrate adaptive implementation of positive rights. In doing so, this article explains why and how a positive right must be adapted to the unique policy environment of a given public utility. Copyright © 2015 Rhett B. Larson. t Associate Professor of Law, Arizona State University Sandra Day O'Connor College of Law. I would like to thank Karen Bradshaw Schulz, Juscelino Colares, Dan Farber, Robert Glennon, Zachary Gubler, Emily Hammond, Amy Hardberger, Bruce Huber, Eric Johnson, Zachary Kramer, Kaipo Matsumura, Sharmila Murthy, Eric Posner, Troy Rule, Erin Scharff, Mary Sigler, Dan Tarlock, and Hannah Wiseman for helpful comments and suggestions. I would also like to thank the editorial staff of the Duke Environmental Law and Policy Forum for their work. All errors are the author's.

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