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Cruel, Inhuman or Degrading Treatment?

Part of the Palgrave Socio-Legal Studies Book Series

DOI: 10.1007/978-3-319-90356-9

ISBN: 978-3-319-90355-2

Publisher: Springer International Publishing - Springer Journals

Jun 23, 2018

1 - 10 of 12 Chapters

LitStream

Chapter 1Introduction

Adler, Michael

Pages: 1 –7

[This introduction analyses the origins of the terms ‘cruel’, ‘inhuman’ and ‘degrading’, two of which are used in Article 3 of the European Convention on Human Rights (ECHR). It argues that the meaning of each of the terms should be considered separately in light of shared moral values. It notes...
LitStream

Chapter 2Benefit Sanctions as a Matter of Public Concern

Adler, Michael

Pages: 9 –19

[This chapter starts by asking why benefit sanctions are not a matter of greater public concern. It describes the success of Ken Loach’s film I Daniel Blake but contrasts the generally positive response of critics to the film with the generally negative attitudes of the public towards benefit...
LitStream

Chapter 3The Historical Development of Benefit Sanctions in the UK

Adler, Michael

Pages: 21 –44

[This chapter provides a historical account of the development of eligibility and entitlement conditions and benefit sanctions in the UK. It focuses on the last 20 years and shows how benefit sanctions have increased in scope and severity since then. The chapter draws attention to the fact that...
LitStream

Chapter 4Changes in the Scope, Severity and Incidence of Benefit Sanctions

Adler, Michael

Pages: 45 –61

[This chapter compares benefit sanctions before 1998 with benefit sanctions since 2012, and shows that they are now considerably wider in scope and greater in severity. It also accounts for changes in the incidence of benefit sanctions, and demonstrates that the number of sanctions imposed not...
LitStream

Chapter 5Conditionality and the Changing Relationship between the Citizen and the State

Adler, Michael

Pages: 63 –72

[The chapter analyses the different ways in which conditions can be attached to the receipt of benefits and the changing nature of citizenship in the welfare state. It concludes with a discussion of the new social welfare contract that sought to alter the balance between rights and...
LitStream

Chapter 6The Impact and Effectiveness of Benefit Sanctions

Adler, Michael

Pages: 73 –86

[This chapter reviews two recent studies of the effectiveness of sanctions in moving claimants off benefits into employment and looks at evidence of their impact on claimants’ well-being. It concludes that benefit sanctions are not very effective—although some JSA (Jobseeker’s allowance)...
LitStream

Chapter 7Benefit Sanctions and Administrative Justice

Adler, Michael

Pages: 87 –105

[This chapter asserts that the type of justice found in the administration of benefit sanctions is the outcome of a struggle for ascendancy and control between Department for Work and Pensions (DWP) decision makers in local offices, front-line staff and managers employed by outsourced Work...
LitStream

Chapter 8The Role of Law in Protecting the Right to a Social Minimum

Adler, Michael

Pages: 107 –113

[This chapter considers the role played by the courts in the small number of cases dealing with job search requirements and benefit sanctions that they have considered, and assesses the extent to which international conventions have been effective in protecting the rights of claimants to a basic...
LitStream

Chapter 9A Comparison of Benefit Sanctions with Court Fines

Adler, Michael

Pages: 115 –128

[In this chapter, the largely unseen phenomenon of benefit sanctions in the UK is compared with the much better known and more visible phenomenon of court fines. The comparison highlights many of the problems associated with benefit sanctions. Among these problems are the fact that, unlike court...
LitStream

Chapter 10Benefit Sanctions and the Rule of Law

Adler, Michael

Pages: 129 –136

[In this chapter, an attempt is made to assess the compatibility of the current sanctions regime with the ‘rule of law’. Using Tom Bingham’s eight ‘rule of law’ principles as a template, the number of counts on which the current sanctions regime in the UK appears not to satisfy these principles...

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