The Library
The benefit cap and the complexity of discrimination : R (SG and others) v Secretary of State for Work and Pensions
Tools
Tools
Tools
Lammasniemi, Laura (2016) The benefit cap and the complexity of discrimination : R (SG and others) v Secretary of State for Work and Pensions. Feminist Legal Studies, 24 (2). pp. 215-221. doi:10.1007/s10691-015-9302-8 ISSN 0966-3622.
|
PDF
WRAP-benefit-cap-complexity-discrimination-Lammasniemi-2016.pdf - Accepted Version - Requires a PDF viewer. Download (589Kb) | Preview |
Official URL: http://dx.doi.org/10.1007/s10691-015-9302-8
Abstract
In R [on the application of SG and others (previously JS and others)] v Secretary of State for Work and Pensions, the United Kingdom Supreme Court evaluated the legality of the benefit cap. The Court was sharply divided but decided by a narrow margin that the benefit cap did not amount to a violation of the claimants’ human rights. While the majority accepted that the gender discrimination was justified, the Court noted that the current measures fell short of the United Kingdom’s responsibilities under the United Nations Convention on the Rights of the Child. This could prove of the outmost importance as the government elected in May 2015 has announced further reductions to the existing benefit cap. The case comment evaluates whether the Court paid enough attention to the multifaceted nature of poverty and discrimination, and argues that the impact the benefit cap has had specifically on women from black and ethnic minorities should have been considered.
| Item Type: | Journal Article | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Subjects: | K Law [LC] > KD England and Wales | ||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Judgments -- Great Britain. Supreme Court of Judicature, Women, Black -- Legal status, laws, etc. -- Great Britain, Welfare recipients -- Legal status, laws, etc. -- Great Britain, Minorities -- Legal status, laws, etc. -- Great Britain | ||||||||
| Journal or Publication Title: | Feminist Legal Studies | ||||||||
| Publisher: | Springer Netherlands | ||||||||
| ISSN: | 0966-3622 | ||||||||
| Official Date: | July 2016 | ||||||||
| Dates: |
|
||||||||
| Volume: | 24 | ||||||||
| Number: | 2 | ||||||||
| Page Range: | pp. 215-221 | ||||||||
| DOI: | 10.1007/s10691-015-9302-8 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 8 January 2018 | ||||||||
| Date of first compliant Open Access: | 8 January 2018 |
Request changes or add full text files to a record
Repository staff actions (login required)
 |
View Item |
Downloads
Downloads per month over past year
