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Human rights

Mel Cousins

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Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins Dec 2015

Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins

The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention. The Supreme Court has overturned the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The European Court of Justice has also considered and rejected a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to …

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Social Security, Discrimination And Justification Under The European Convention On Human Rights, Mel Cousins Dec 2014

Social Security, Discrimination And Justification Under The European Convention On Human Rights, Mel Cousins

Mel Cousins

This article considers the current state of the law concerning justification of potentially discriminatory treatment in the area of social security under the European Convention on Human Rights. Over time the UK courts have become familiar with the Convention and have improved their interpretation of human rights law and, in particular, non-discrimination under Article 14 of the Convention. The final step in this process is the consideration of proportionality in relation to the justification of potentially discriminatory provisions. There have been a number of recent important decisions on this issue from the Supreme Court including the Recovery of Medical Costs …

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The European Convention On Human Rights, The Un Convention On The Rights Of The Child And The ‘Benefit Cap’ - R (Sg) V Secretary Of State For Work And Pensions [2015] Uksc 16, Mel Cousins Dec 2014

The European Convention On Human Rights, The Un Convention On The Rights Of The Child And The ‘Benefit Cap’ - R (Sg) V Secretary Of State For Work And Pensions [2015] Uksc 16, Mel Cousins

Mel Cousins

This note looks at the recent decision of the UK Supreme Court in the 'benefit cap' case. The Court narrowly rejected the appeal concerning whether the benefit cap was in breach of Article 14 of the European Convention on Human Rights but some judges would have held that the cap was in breach of the UN Convention on the Rights of the Child.

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Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins Dec 2014

Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins

Mel Cousins

This note examines the recent decision of the European Committee on Social Rights (ECSR) which found that that Irish law was in breach of Art. 17 of the European Social Charter as it does not prohibit and penalise all forms of violence against children within the family, in certain types of care or certain types of pre-school settings. While the Committee’s decision received considerable media attention in Ireland, the European Social Charter (ESC) is not, of course, binding in Irish law and the legal implications of the decision appear rather limited.

Note that s. 28 of the Children First Act, …

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The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, Mel Cousins Dec 2014

The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, Mel Cousins

Mel Cousins

This case comment examines recent jurisprudence concerning the right to freedom from discrimination under the New Zealand Human Rights Act (HRA) and Bill of Rights Act (NZBORA). In particular, it examines the ruling of the Court of Appeal in Child Poverty Action Group (CPAG) v Attorney General, and also considers relevant aspects of the decisions in Ministry of Heath v Atkinson and Attorney General v IDEA Services. These three decisions have marked an important step forward in the interpretation of the human rights provisions by the New Zealand courts. Following an introduction to the issues raised in the CPAG case …

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Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins Dec 2014

Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins

Mel Cousins

This case note examines the recent judgment of the European Court of Human Rights in Béláné Nagy v. Hungary as an interesting example of the approach which the Court is taking to the termination (or reduction) of rights to social security benefits under Article 1 Protocol 1 (P1-1) of the European Convention on Human Rights (ECHR). In this case, although the applicant had lost her rights to a disability pension in 2010, the Court held that she had a continuing legitimate expectation to disability care. It further held that the fact that she did not qualify for a pension in …

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Asset Freezing, Social Security, And Human Rights, Mel Cousins Dec 2007

Asset Freezing, Social Security, And Human Rights, Mel Cousins

Mel Cousins

This case analysis discusses a recent decision of the Court of Appeal concerning restrictions placed on the payment of certain social security benefits in the context of the UN asset freezing regime. The case is an interesting example of the sort of new questions coming before the courts in the post-9 11 world and raises a number of issues worthy of note. In particular, it raises the question of the approach which national and supranational courts should adopt to balancing the implementation of anti-terrorism measures with the upholding of the principles of human rights (and their application in practice).

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The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins Dec 2006

The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins

Mel Cousins

The rights of transsexuals have gained important recognition in recent decisions by the European Court of Justice and the European Court of Human Rights. Yet important conceptual issues remained to be clarified as to the precise implications of these decisions for the rights of transsexuals in areas such as social security and pensions entitlement. This article examines two important recent decisions which further develop the Courts’ caselaw. These cases also highlight the developing– and largely complementary - relationship between the two legal orders.

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