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Regina (RF) v. Secretary of State for Work and Pensions (Mind and Another Intervening)

United Kingdom, England.  21 December 2017 .

Published online by Cambridge University Press:  17 March 2021

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Abstract

Human rights — Rights of persons with disabilities — United Nations Convention on the Rights of Persons with Disabilities, 2006, Article 19 — Distinction between categories of disabled persons — Connection of benefit payments to functional need and level of impairment — European Convention on Human Rights, 1950, Article 14 — Relationship with Social Security (Personal Independence Payment) (Amendment) Regulations 2017 — Discrimination against classes of disabled people — Whether measure objectively justified — Whether measure manifestly without reasonable foundation — Whether domestic regulations breaching international treaties — Whether domestic regulations unlawful

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Domestic regulations making distinction with respect to psychological distress — Less favourable treatment of those suffering from psychological distress — Whether domestic regulations in breach of international treaties — Whether domestic regulations unlawful — Whether duty to consult — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2021

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