downwithallthat

bigleyma is thinking…

DWP In Contravention of Human Rights Legislature?

with one comment

[With thanks to Kay Fabe]

Have just been directed to this blog post by ‘gwenhwyhfaer’ , from earlier this year, which contains some very important information for those who are interested in the Human Rights perspective on the changes which have been made to our benefit system over the past seven years or so. Have this government (and the one before it) been acting legally or not with respect to EHCR Protocol 1? It would seem they have not.

Stec & others v United Kingdom [2005], found that noncontributory benefits counted as possessions under Article 1 of ECHR Protocol 1 – the protocol which guarantees the right to peaceful enjoyment of one’s possessions. As this summary explains, previously the Court of Appeal had ruled (in Reynolds [2003]) that noncontributory benefits could not be held to be property, but the ECtHR’s judgement elegantly sweeps that reasoning away in a single sentence.

Ive seen quite a lot of speculation about whether these ‘reforms’ specifically contravene the rights of the disabled. But this factor seems much more straightforward and widely applicable. Worth, I should think, running it past a legal professional, if anyone has the inclination and resources to do so.

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Written by bigleyma

August 3, 2012 at 3:07 pm

One Response

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  1. Interesting

    maddsuspicions

    August 4, 2012 at 6:13 am


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