Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This book argues instead that human rights are based on a richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise freedom. Instead of merely restraining the State, human rights create positive duties.

Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality and positive duties to provide, traditionally associated with the Welfare State or socio-economic rights.

Introduction
PART I: UNDERSTANDING POSITIVE DUTIES
1. Human Rights Values Refashioned: Liberty, Equality, and Solidarity
2. The Nature of the State: Democracy, Globalization, and Privatization
PART II: JUDGING AND ENFORCING: COURTS AND COMPLIANCE
3. The Strcture of Positive Duties
4. Justiciability and the Role of Courts
5. Restructuring the Courts: Public Interest Litigation in the Indian Courts
6. Achieving Compliance: Positive Duties Beyond the Courts
PART III: SUBSTANTIVE RIGHTS AND POSITIVE DUTIES
7. Equality
8. Socio-Economic Rights and Positive Duties