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Geert Van Calster:
A warning for other ECHR governments tempted…. (and in contrast with earlier successful Government interfering elsewhere /in other areas, such as town planning, and environment).
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Originally posted on UK Human Rights Blog:
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R(on the application of Reilly (No. 2) and another) v Secretary of State for Work and Pensions, [2014] EWHC 2182 (Admin) – read judgment
The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.
Factual background
The claimants, Caitlin Reilly and Jonathan Hewstone (CR and JH) had been unemployed and claimed jobseeker’s allowance. They objected to participation in schemes devised under the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, in which they were required to work for no…
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