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

See all articles by Mel Cousins

Mel Cousins

Trinity College (Dublin) - School of Social Work and Social Policy

Date Written: 2009

Abstract

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.

Suggested Citation

Cousins, Mel, The European Convention on Human Rights, Non-Discrimination and Social Security: Great Scope, Little Depth? (2009). Journal of Social Security Law, Vol. 16, No. 3, pp. 120-138, 2009, Available at SSRN: https://ssrn.com/abstract=1738288

Mel Cousins (Contact Author)

Trinity College (Dublin) - School of Social Work and Social Policy ( email )

Dublin
Ireland

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