Social Protection

Proposal to make ‘disadvantaged socio-economic status’ a prohibited ground of discrimination under Irish law    

Proposal to make ‘disadvantaged socio-economic status’ a prohibited ground of discrimination under Irish law    

The Equality (Miscellaneous Provisions) Bill 2017, was introduced in the lower house of the Irish Parliament at the end of last year and is currently working its way through the...
Djazia and Bellili v Spain: Eviction and Homelessness under the OP-ICESCR

Djazia and Bellili v Spain: Eviction and Homelessness under the OP-ICESCR

When the private housing sector fails the State must use its resources to provide alternative housing, according to the latest case concluded by the CESCR. The Committee also makes its...
A Wolf in Sheep’s Clothing:  The Promise and Reality of U.S. Tax Reform

A Wolf in Sheep’s Clothing:  The Promise and Reality of U.S. Tax Reform

The U.S. tax reform law is dangerous for poor and lower middle-class families. Superficially, this legislation may seem to benefit low income workers – that is exactly why it is...
Re-victimizing Victims of Sexual Assault: UK Child Benefit Laws

Re-victimizing Victims of Sexual Assault: UK Child Benefit Laws

In the last few years, the UK has been relentlessly pursuing austerity measures and drastically reducing welfare expenditure. Today, as part of this trend, the government has restricted access to...
Can a State Refuse Migrant Family Allowances Due to Irregular Reunification?

Can a State Refuse Migrant Family Allowances Due to Irregular Reunification?

In Osungu and Lokongo v. France (delivered on 8/9/2015), the European Court of Human Rights (“the Court”) rejected as “manifestly ill-founded” two applications submitted by Congolese regular migrants. The proceedings...
High Court in Belfast Finds the Northern Irish Executive Failed its Statutory Duty to Adopt a ‘Strategy’ to Tackle Poverty Based on ‘Objective Need’

High Court in Belfast Finds the Northern Irish Executive Failed its Statutory Duty to Adopt a ‘Strategy’ to Tackle Poverty Based on ‘Objective Need’

On 30 June 2015 the High Court in Belfast ruled [2015] NIQB 59 that the Northern Irish Executive failed its statutory duty to adopt an identifiable strategy setting out how...
Entering the No-Go Zone – Social Security and Discrimination in the UK Supreme Court

Entering the No-Go Zone – Social Security and Discrimination in the UK Supreme Court

It is rare for a human rights challenge in the social security context to succeed in the English courts. In large part this is due to the respect (some might...
Damaged and Disregarded: Children’s Interests in the Benefit Cap Decision

Damaged and Disregarded: Children’s Interests in the Benefit Cap Decision

Following on from Paul Scott’s post, this contribution will consider how the Supreme Court in SG dealt with the interests of children in analysing whether the benefits cap was justified...
The Benefits Cap and the Enforcement of Unincorporated Human Rights Treaties

The Benefits Cap and the Enforcement of Unincorporated Human Rights Treaties

A prominent element of the UK coalition government’s deficit-reduction strategy (in rhetorical terms, if not practical significance) has been the implementation of a cap on the benefits (including those relating...
An Extraordinary Feat of Firsts: Oxford Disability Mooting Championship and Discussion

An Extraordinary Feat of Firsts: Oxford Disability Mooting Championship and Discussion

On 22 November 2014, the Oxford Law Faculty and Wadham College organised the Herbert Smith Freehills Oxford Disability Mooting Championship final at the Keble College Chapel. The moot marked a...
Women’s Rights to Social Security and Social Protection

Women’s Rights to Social Security and Social Protection

There is a growing international focus on social protection in the developing world while at the same time, countries in the developed world are cutting back on social security in...
Property Rights, Pension Claims, and the Problematic Features of the ECtHR’s Proportionality Review

Property Rights, Pension Claims, and the Problematic Features of the ECtHR’s Proportionality Review

Although less mind-blowing than other recent Strasbourg judgments, the case of Stefanetti and Others v. Italy is an interesting one, especially when viewed against the backdrop of the European Court...
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