Why are all Human Rights not enforceable with the same scope before the Judicial Power? Various answers have been tried on this simple question over the years, but we understand all of them from perspectives other than the one proposed here. In this work we argue that the origins of the creation of economic, social and cultural Rights explain their current state of enforceability and justiciability. The rights that necessarily have support in a world with social justice, and the reasons for their consolidation in the legal field, largely account for the force of the right granted today.   The relative autonomy of the legal field, surrounded and conditioned by a series of capitals that delimit its room for maneuver, but which at the same time place it in a position of great importance in this dispute between the social microcosms, reveals the other part of our question. The rest we leave to the reader. To paraphrase a phrase that went around the world: "it’s politics, stupid".