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  • Andi66
    Andi66 Online Community Member Posts: 499 Pioneering
    edited November 2
  • Nightcity
    Nightcity Online Community Member, Scope Member Posts: 2,670 Championing
  • durhamjaide2001
    durhamjaide2001 Scope Member Posts: 12,438 Championing

    that's brilliant news

  • Catherine21
    Catherine21 Posts: 2,773 Championing

    Reform would be worse than labour and tories put together

  • mangomungo
    mangomungo Online Community Member Posts: 67 Empowering
  • Catherine21
    Catherine21 Posts: 2,773 Championing

    Yes I'd like to know as well pls wheres this from

  • Dave1993
    Dave1993 Online Community Member Posts: 138 Empowering

    The proposed WCA reforms, while deeply concerning to many advocacy groups, do not automatically constitute a violation of human rights under UK or international law. However, they could potentially raise serious questions about compliance with human rights standards, particularly regarding the right to an adequate standard of living and protection from discrimination.

    Relevant Human Rights Standards

    1. Right to an Adequate Standard of Living: Article 25 of the Universal Declaration of Human Rights (UDHR) and Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantee the right to an adequate standard of living, which includes access to food, clothing, and housing. If the WCA reforms result in significant financial hardship or homelessness, some may argue that these rights are compromised.
    2. Protection Against Discrimination: The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) emphasizes the right to non-discrimination and equal access to social protections. The UK is a signatory to this convention, which commits it to ensuring people with disabilities receive adequate social support without facing discrimination. The proposed changes could be seen as indirectly discriminatory if they disproportionately affect people with specific types of disabilities that make regular employment difficult.
    3. Dignity and Welfare in Social Security: The European Convention on Human Rights (ECHR), although not explicitly mentioning social security, does include provisions around dignity and welfare under Article 3 (prohibition of inhuman or degrading treatment). Some advocates argue that forcing disabled people into financial precarity or unsuitable work-related activities can be degrading and contrary to these principles.

    Does This Constitute a Breach?

    While these rights are fundamental, the interpretation of what qualifies as a breach can be complex. UK courts or the European Court of Human Rights could, in theory, be petitioned to determine if such changes violate human rights obligations. However, the courts tend to provide governments with discretion, especially regarding welfare policies that they argue are designed to balance economic priorities with social protections.

    Advocacy and Legal Challenges

    There is significant concern from disability rights groups, who argue that the reform’s projected effects are a form of systemic discrimination against disabled people. Advocacy organizations may push for judicial reviews, arguing that the changes undermine human rights standards. The UNCRPD has previously reviewed UK policies, noting areas where they found non-compliance, and may do so again if the reforms are seen as worsening conditions for disabled citizens.

    Ultimately, whether the WCA reforms are deemed human rights violations depends on interpretation, advocacy, and, potentially, legal rulings. However, the severe impact projected on vulnerable individuals underscores the need for careful consideration to avoid infringing on basic rights and protections for those with disabilities.

  • Dave1993
    Dave1993 Online Community Member Posts: 138 Empowering

    Rights of Persons with Disabilities: The UN Convention on the Rights of Persons with Disabilities (UNCRPD), which the UK has ratified, states that people with disabilities should have access to adequate social protections and an adequate standard of living, with special measures to ensure they are not disadvantaged by public policy. If reforms undermine this standard, the UK could face international criticism or formal investigation from UN bodies, as it did in 2016, when the UNCRPD noted severe issues in how the UK treated disabled claimants in the welfare system

  • Dave1993
    Dave1993 Online Community Member Posts: 138 Empowering

    Well im out for tonight hopefully the info i have give yall has put some minds at rest for atleast 7 years

  • Nightcity
    Nightcity Online Community Member, Scope Member Posts: 2,670 Championing

    again, thanks for your effort to find all that and share.

  • wendy1
    wendy1 Online Community Member Posts: 95 Empowering

    Hi mangomungo,

    This Government are not interested in how changes will affect us

  • Catherine21
    Catherine21 Posts: 2,773 Championing

    Have they put ahalt on migration? Sorry can't process probley

  • Nightcity
    Nightcity Online Community Member, Scope Member Posts: 2,670 Championing

    no but the changes! to wca won't affect us for years so you'll be moved to UC with support group status in tact and be left alone until these changes arrive in 2028 onwards

  • Catherine21
    Catherine21 Posts: 2,773 Championing

    OOh Really is it to good to be true ? So no changes to wca sorry to keep asking

  • Nightcity
    Nightcity Online Community Member, Scope Member Posts: 2,670 Championing

    there will be changes but Dave dug out a lot of info today and it seems it didn't actually pass legislation before the election so, they have to start again .. yay

  • Catherine21
    Catherine21 Posts: 2,773 Championing

    Oh thankyou dave !! Thankyou nightcity for explaining oh breate hope your well hhh bet labour @@@@

  • Dave1993
    Dave1993 Online Community Member Posts: 138 Empowering

    Last bit of info

    If the UK government were found guilty of violating human rights through these WCA reforms, it could lead to several serious outcomes, though the specifics would depend on whether the judgment came from a UK court or an international human rights body. Here’s a breakdown of what could happen:

    1. Judicial Review and Court Rulings in the UK

    • If a domestic court, such as the UK High Court, ruled that the reforms violated human rights (under the Human Rights Act or other relevant UK laws), the government might be required to amend or repeal the specific parts of the policy found unlawful. A ruling like this could prevent the government from enforcing the reforms as planned until they align with human rights standards.
    • Courts might also issue a declaration of incompatibility, stating that certain aspects of the reform do not comply with the European Convention on Human Rights (ECHR), which the UK incorporates through the Human Rights Act. While a declaration of incompatibility does not automatically change the law, it puts pressure on Parliament to revise it.

    2. International Condemnation and Recommendations

    • If a UN body, such as the UN Committee on the Rights of Persons with Disabilities (CRPD), determined the reforms violated international human rights obligations, the UK could face strong international criticism. The UN has previously investigated the UK’s welfare reforms and issued reports condemning their impact on disabled people. In 2016, the UNCRPD found that austerity measures had led to “grave and systematic violations” of disabled people's rights in the UK.
    • While the UNCRPD cannot force legal changes, it can make formal recommendations and publish reports that increase public and international pressure on the government to adjust its policies. Such findings often draw significant media attention and increase domestic calls for reform.

    3. Potential Sanctions and Penalties

    • The UK is unlikely to face direct legal penalties, like fines or sanctions, from international human rights bodies, as they lack the power to enforce penalties. However, repeated violations of international human rights obligations could harm the UK’s reputation and weaken its influence on the international stage. It could also affect the UK’s ability to advocate for human rights globally if it is seen as violating them domestically.
    • The European Court of Human Rights (ECtHR) in Strasbourg does have the power to issue judgments against the UK. If a case went to the ECtHR and the court ruled that the reforms violated the ECHR, the UK would be obligated to amend the policy or risk fines. Although the UK technically retains sovereignty, consistent disregard for ECtHR rulings could lead to political tensions and challenges within the Council of Europe, of which the UK is a member.

    4. Increased Advocacy and Political Pressure

    • A human rights ruling would significantly empower advocacy groups, potentially leading to increased public protests and pressure on MPs to oppose or amend the reforms. Political parties may also respond to public outcry, especially if an election is near, by pledging to repeal or reform the WCA policies.
    • Such rulings can also lead to long-term changes in public policy. For instance, following the UNCRPD’s 2016 report on UK welfare reforms, there were increased calls to revise disability assessments, leading to some gradual improvements in how assessments are conducted.

    In summary, while international bodies can’t directly enforce changes, a human rights violation finding would likely push the UK government to reconsider or revise the policy. Domestically, UK courts could issue rulings that compel legal adjustments, and advocacy groups would have a strong basis for lobbying against the reforms, amplifying public and political pressure to protect vulnerable groups.