Abstract
| Language | English |
|---|---|
| Pages | 745-769 |
| Number of pages | 25 |
| Journal | Human Rights Law Review |
| Volume | 18 |
| Issue number | 4 |
| Early online date | 8 Nov 2018 |
| DOIs | |
| Publication status | Published - 31 Dec 2018 |
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Keywords
- European Social Charter
- Social Rights
- Social Security
- Austerity
- Welfare Reform
Cite this
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Assessing the Compliance of the United Kingdom’s Social Security System with its Obligations under the European Social Charter. / Simpson, Mark.
In: Human Rights Law Review, Vol. 18, No. 4, 31.12.2018, p. 745-769.Research output: Contribution to journal › Article
TY - JOUR
T1 - Assessing the Compliance of the United Kingdom’s Social Security System with its Obligations under the European Social Charter
AU - Simpson, Mark
N1 - Compliant in UIR (once embargo expires on 29-12-19) - see uploaded file '39126 evidence of compliance in UIR'). In the import the AM was placed under 'Other files', so no deposit date recorded. AM now re-uploaded to correct section but shows a deposit date of 10/7/19. May need to apply a technical exception if remains non compliant when dates from UIR fixed. (note embargo in UIR showing as 29/12/19 but should be 8/11/20).
PY - 2018/12/31
Y1 - 2018/12/31
N2 - The European Social Charter, a relatively neglected human rights instrument in the UK, academically, judicially and politically, represents a statement of minimum standards in social rights the state has committed to uphold. This article assesses the compliance of the UK’s social security system with the charter following a period of reform that has put in place a less generous, more punitive model of working age provision. It is argued that benefit levels and conditions for their receipt are now of at best questionable conformity with some of the core requirements of article 13 (the right to social assistance) and article 16 (the right to family protection), while the previously identified non-conformity with article 12 (the right to social security) continues. Consideration is given to the potential potency of the Charter as a means of challenging austerity-driven reforms, alone or in combination with other human rights agreements.
AB - The European Social Charter, a relatively neglected human rights instrument in the UK, academically, judicially and politically, represents a statement of minimum standards in social rights the state has committed to uphold. This article assesses the compliance of the UK’s social security system with the charter following a period of reform that has put in place a less generous, more punitive model of working age provision. It is argued that benefit levels and conditions for their receipt are now of at best questionable conformity with some of the core requirements of article 13 (the right to social assistance) and article 16 (the right to family protection), while the previously identified non-conformity with article 12 (the right to social security) continues. Consideration is given to the potential potency of the Charter as a means of challenging austerity-driven reforms, alone or in combination with other human rights agreements.
KW - European Social Charter
KW - Social Rights
KW - Social Security
KW - Austerity
KW - Welfare Reform
U2 - 10.1093/hrlr/ngy030
DO - 10.1093/hrlr/ngy030
M3 - Article
VL - 18
SP - 745
EP - 769
JO - Human Rights Law Review
T2 - Human Rights Law Review
JF - Human Rights Law Review
SN - 1461-7781
IS - 4
ER -