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Articles 1 - 8 of 8
Full-Text Articles in Law
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
Mel Cousins
This case note examines a recent decision of the Court of Appeals for the Ninth Circuit concerning the entitlements of posthumously conceived children under social security. In contrast to its earlier (expansionary) decision in Gillett-Netting, here the Court set out the limits to how far it is willing to push the interpretation of the (convoluted) legislation and refused to find a right to benefit where there was no evidence that the father had consented to (or even considered) having a child post-mortem.
The European Convention On Human Rights, Non-Discrimination And Social Security: Great Scope, Little Depth?, Mel Cousins
The European Convention On Human Rights, Non-Discrimination And Social Security: Great Scope, Little Depth?, Mel Cousins
Mel Cousins
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.
Age Discrimination And Social Benefits: The Long Retreat From Tétreault-Gadoury?, Mel Cousins
Age Discrimination And Social Benefits: The Long Retreat From Tétreault-Gadoury?, Mel Cousins
Mel Cousins
This case note looks at a number of recent decisions of the Canadian courts concerning age discrimination as it applies to social benefits.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (January-March 2009), Mel Cousins
Mel Cousins
In period covered there have been a number of interesting decisions of both the Court of Justice and the Court of Human Rights concerning social security issues. The Court of Human Rights addressed issues of gender and nationality discrimination in Weller and Andrejeva while the Court of Justice addressed further issues concerning cross-border health care and competition as it affects the organisation of social security. In part 2, we also examine the current Commission proposal which would extend protection against discrimination on the basis of religion or belief, disability, age, or sexual orientation to social protection and provide an update …
Homelessness And The Charter Of Rights, Mel Cousins
Homelessness And The Charter Of Rights, Mel Cousins
Mel Cousins
There have, to date, been relatively few cases concerning homelessness and the Canadian Charter of Rights. Yet the rights set out in the Charter, such as the right to freedom of expression (s. 2(b), the right to life, liberty and the security of person (s. 7) and equality rights (s. 15) should all play an important role in protecting the position of a disadvantaged group such as the homeless. This article looks at some of the main cases concerning homelessness and the Charter (part I). It then goes on to look at the constitutional case law of the United States …
Health Care And Human Rights After Auton And Chaoulli, Mel Cousins
Health Care And Human Rights After Auton And Chaoulli, Mel Cousins
Mel Cousins
The judicial approach to the interpretation of entitlement to health care under the Canadian Charter of Rights and human rights legislation has tended to swing between interventionist and non-interventionist poles. This article examines the post- Chaoulli case law on health care and the Charter of Rights and/or human rights legislation. It suggests that Chaoulli – whatever about its impact in the legislative arena – has had a somewhat limited impact to date on the case law concerning health care and that the Auton case has clearly had a greater impact to date. It argues that the subsequent case law points …
‘A Recommitment To The Idea Of Substantive Equality’ (Or Not)? S. 15(1) Of The Charter Of Rights After Kapp: Harris V Canada (Human Resources And Skills Development), Mel Cousins
Mel Cousins
This note looks at the decision of the Federal Court of Appeal in Harris – a case which raised important equality issues about the operation of the ‘drop out’ provisions in the Canadian Pension Plan. The case is interesting both for the issue itself but also because it is one of the first judgments to consider the impact of the Supreme Court’s restatement in Kapp of its approach to s. 15. However, the court of appeal was split with all three judges giving a different analysis of the issues (albeit that the claim was rejected on a split decision). Part …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (April-September 2009), Mel Cousins
Mel Cousins
In the period covered there have been two interesting decisions of the Court of Justice and the Court of Human Rights concerning the current boundaries of the scope of equality as it applies to social security issues. The Court of Human Rights addressed issues of discrimination against homosexual couples in M.W., while the Court of Justice rejected a claim in relation to social security treatment while on parental leave in Gomez-Limon. Meanwhile, the concept of European citizenship continued to develop – if in a somewhat erratic manner. The Court of Justice, in Rüffler, ruled that national tax rules in relation …