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
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?
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’
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
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
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
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
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
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
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...
‘Children in an Age of Austerity’: The Impact of Welfare Reform on Children in Nottingham
The Welfare Reform Act 2012 has introduced the biggest changes to state welfare since the establishment of the Welfare State. Many of the changes have had a direct impact on...
Not reaping the benefits: the United Kingdom’s continuing violation of Article 12§1 of the European Social Charter
On 29 January 2014, the European Committee of Social Rights found, yet again, that the United Kingdom is in violation of Article 12§1 of the European Social Charter (‘the Charter’)....
