Justifying Discrimination – an explanation of why the UKSC found the benefits cap compatible with the ECHR

In the attached article, Julius Komorowski , of Terra Firma Chambers, explains why a majority of theSupreme Court held that the benefits cap, which was acknowledged as discriminating indirectly against women and as being contrary to the UN Convention on the Rights of the Child was nevertheless held compatible with theEuropean Convention on Human Rights in the case of R (SG) v Secretary for Work and Pensions 2015.

Julius Komorowski’s article originally appeared the Journal of the Law Society of Scotland.

Justifying Discrimination