https://doi.org/10.4081/ilpolitico.2020.514
AUSTERITY MEASURES AND DISCRIMINATION ON THE BASIS OF DISABILITY: A RECENT DECISION OF THE COURT OF STRASBOURG
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Authors
On several occasions, the
austerity measures implemented by many European
countries following the well-known
economic crisis of 2008 have come under the
scrutiny of the Strasbourg Court for their alleged
violation of the fundamental rights enshrined
in the European Convention of
Human Rights. In particular, in the recent decision
J.d. and A. v. united Kingdom the European
Court, for the first time, condemned
the UK"s austerity policy on housing subsidies
as discriminatory against the victims of domestic
violence, considering their vulnerable
status. However, this ruling also represents a
missed opportunity for the Strasbourg judges
to guarantee the same protection to another
category deserving an enhanced protection,
namely persons with disabilities and, by association,
their caregivers. Against this background,
this paper focuses on the "missing
piece" in the legal reasoning of the European
Court, while attempting an analysis of the
case in light of the principle of non-discrimination
on the ground on disability.
