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Burnip v Birmingham City Council and Another: CA 15 May 2012

The court considered an allegation of discrimination in the application of housing benefit for a disabled person. Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory … Continue reading Burnip v Birmingham City Council and Another: CA 15 May 2012

Britliff v Birmingham City Council (Disability Discrimination): EAT 16 Aug 2019

The Claimant is pursuing claims of disability discrimination in the Employment Tribunal, which are defended. It is common ground between the parties that for the purposes of an Equality Act 2010 claim the 2006 United Nations Convention on the Rights of Persons with Disabilities has indirect effect. At a Preliminary Hearing the Employment Tribunal correctly … Continue reading Britliff v Birmingham City Council (Disability Discrimination): EAT 16 Aug 2019

The Department for Communities v Cox: CANI 3 Aug 2021

PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who were predicted not so to survive, but did in fact do so. … Continue reading The Department for Communities v Cox: CANI 3 Aug 2021

Z v A Government Department And The Board of Management of A Community School: ECJ 18 Mar 2014

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Social policy – Directive 2006/54/EC – Equal treatment of male and female workers – Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – United Nations Convention … Continue reading Z v A Government Department And The Board of Management of A Community School: ECJ 18 Mar 2014

Grimailovs v Latvia: ECHR 25 Jun 2013

ECHR Article 3Degrading treatmentLack of independent access to prison facilities for paraplegic prisoner; lack of organised assistance with his mobility and daily routine: violationFacts – In June 2002 the applicant, who had a metal insert in his spine after breaking his back two years earlier, was given a five and a half year prison sentence. … Continue reading Grimailovs v Latvia: ECHR 25 Jun 2013

Z v A Government Department And The Board of Management of A Community School: ECJ 26 Sep 2013

ECJ Opinion – Social policy – Surrogacy – Right to leave of absence equivalent to maternity leave or adoption leave – Directive 2006/54/EC – Equal treatment of men and women – Scope – United Nations Convention on the Rights of Persons with Disabilities – Directive 2000/78/EC – Equal treatment in employment and occupation – Scope … Continue reading Z v A Government Department And The Board of Management of A Community School: ECJ 26 Sep 2013

Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Helhal v France: ECHR 19 Feb 2015

ECHR Article 3 Degrading treatment violation In fact – since 2006 the applicant suffering from paraplegia of the lower limbs and urinary incontinence and anal currently serving a sentence of thirty years’ imprisonment. In August 2010, he asked for a suspended sentence for medical reasons the judge to sentence enforcement. He alleged that the premises … Continue reading Helhal v France: ECHR 19 Feb 2015

MA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 30 Jul 2013

Ten disabled claimants challenged the changes to the 2006 Regulations introduced by the 2012 Regulations. The changes restricted the ability to claim Housing Benefit for bedrooms deemed extra. The claimants said that in their different ways each had needs for additional bedrooms not allowed for by the Regulations. Held: The request for judicial review failed. … Continue reading MA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 30 Jul 2013

Glatzel v Freistaat Bayern: ECJ 22 May 2014

glatzel_ECJ0614 Judgment – Request for a preliminary ruling – Transport – Directive 2006/126/EC – Point 6.4 of Annex III – Validity – Charter of Fundamental Rights of the European Union – Articles 20, 21(1) and 26 – United Nations Convention on the Rights of Persons with Disabilities – Driving licences – Physical and mental fitness … Continue reading Glatzel v Freistaat Bayern: ECJ 22 May 2014

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