This paper argues that libertarians should endorse some welfare rights understood as rights that all states must guarantee to their subjects as a condition of legitimacy. For, it argues that libertarians, because they should be actual consent theorists, must agree to the following condition for state legitimacy: States must do what they can to ensure that their rights-respecting subjects secure the basic reasoning and planning capacities they need to consent to their rules.
Hassoun, Nicole, "Libertarian Welfare Rights? An Inquiry into the Coherence of Some Common Libertarian Commitments" (2016). Philosophy Faculty Scholarship. 20.