The European Convention on Human Rights, Non-Discrimination and Social Security: Great Scope, Little Depth?
Journal of Social Security Law, Vol. 16, No. 3, pp. 120-138, 2009
20 Pages Posted: 12 Jan 2011 Last revised: 3 May 2012
Date Written: 2009
This article examines the non-discrimination provisions of the European Convention on Human Rights in relation to social security law. There is a now a broad power of review under the ECHR as most social security payments fall within the scope of the Convention. There is also a more flexible approach to the grounds upon which discrimination can be challenged under Article 14. However, it is suggested that the European courts may need to adopt a more nuanced (or proportionate) approach to equality review rather than a binary approach.
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