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Atkin, S.J., 2024. How the welfare systems of the Republic of Ireland and United Kingdom uphold the right of accessibility for disabled persons. PhD, Nottingham Trent University.
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Abstract
In 2016, the United Nations Committee responsible for overseeing the implementation of the Convention on the Rights of Persons with Disabilities (CRPD) carried out its first inquiry into potential grave and systematic violations of CRPD rights, which concluded in the UK being the first CRPD State Party to have gravely and systematically violate the CRPD. The cause of these violations was determined to be aspects of the primary disability welfare benefit of the UK, Personal Independence Payment (PIP). The inquiry resulted in the CRPD Committee reaching the conclusion that the UK had indeed violated the rights of disabled people, and as such, the UK was the first CRPD State Party to be held in grave and systematic violation of the CRPD. Since 2016, PIP has remained the primary disability welfare benefit in the UK, with very little change to the criteria for eligibility and the manner by which eligibility is assessed. Therefore, the law providing for PIP in the UK can be observed as continuing to gravely and systematically violate provisions of the CRPD.
Prompted by this continued failure of the welfare system of the UK to meet CRPD standards of human rights protection for disabled people, this thesis undertakes a comparative study in which the welfare system of another CRPD State Party – in this case Ireland - is scrutinised to determine whether it meets CRPD standards, and as such, whether aspects of the welfare system of Ireland could be transposed into that of the UK.
To this end, the Comparative Legal Method is employed throughout this thesis in order to:
a. identify the significant differences between the laws governing the operation of the primary disability welfare benefit in the UK and Ireland,
b. determine which of the laws governing the operation of the primary disability welfare benefit in the UK and Ireland currently meet CRPD standards of accessibility; and
c. offer recommendations as to how the UK and Ireland could improve practice in the operation of primary disability welfare benefits in order to ensure CRPD standards of accessibility, with a particular focus on identifying where it would be appropriate to adapt and transpose UK or Irish provisions into the legal system of the other State.
| Item Type: | Thesis | ||||||||||||
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| Creators: | Atkin, S.J. | ||||||||||||
| Contributors: |
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| Date: | August 2024 | ||||||||||||
| Rights: | This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed in the owner(s) of the Intellectual Property Rights. | ||||||||||||
| Divisions: | Schools > Nottingham Law School | ||||||||||||
| Record created by: | Laura Ward | ||||||||||||
| Date Added: | 07 Nov 2024 09:44 | ||||||||||||
| Last Modified: | 07 Nov 2024 09:44 | ||||||||||||
| URI: | https://irep.ntu.ac.uk/id/eprint/52524 |
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