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Secretary Of State For Work And Pensions V. Sister Is, Mel Cousins Dec 2009

Secretary Of State For Work And Pensions V. Sister Is, Mel Cousins

Mel Cousins

This case before the Upper Tribunal concerned the rules of the state pension credit (SPC) which, in effect, provide that ‘members of religious orders’ who are ‘fully maintained by their order’ have no entitlement to a state pension credit. As the Three-Judge Panel pointed out this is the rule ‘regardless of the actual amount of their income or their other circumstances’. The case concerned both the interpretation of these two phrases and – assuming the Panel found that they applied to the claimants – the compatibility of such an approach with the European Convention on Human Rights (the Convention issue).


Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano Dec 2009

Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano

Germán M. Teruel Lozano

GENERAL NOTES ABOUT THE FREEDOM OF SPEECH IN INTERNET: This paper presents an overview of how Internet has revolutionized the setting of freedom of speech. In particular, it is focused in to main aspects: On one hand, the delimitation of freedom of expression in the new media, differentiating in particular between web pages dedicated to the dissemination of information, protected by the freedom of speech; and those that are intended to provide other telematics services, which should not have this protection. Secondly, it is also studied the legal status of this freedom when it is exercised through Internet.


Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins Dec 2009

Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins

Mel Cousins

Since the adoption of the Human Rights Act 1998, challenges to UK social security law on the basis of the European Convention on Human Rights have become common - especially under the anti-discrimination provisions of Article 14. However, few of these challenges have been successful and, in general, the English courts have shown a poor understanding of the principles of human rights law. The recent decisions of the European Court of Human Rights in Stec (2005) 41 EHRR SE 295 and the House of Lords in RJM (2008) UKHL 63 have clarified important issues including the material scope of the …