The 'Necessity' of Austerity and its Relationship with the UN Convention on the Rights of Persons with Disabilities: A Case Study of Ireland and the United Kingdom

In: Human rights law review, Band 21, Heft 1, S. 157-185

Abstract

ABSTRACT
Following the Global Financial Crisis of 2008, contractions in the global economy were often utilised as a justification for deep cuts in State spending, including welfare state programmes. This article will problematise the 'necessity' of austerity measures and how this conflicts with the intentions of the Convention on the Rights of Persons with Disabilities (CRPD), which requires State intervention to ensure the right to a minimum standard of living (Article 28 CRPD) for such persons. By comparing the arguably voluntary and ideologically driven austerity programme undertaken in the United Kingdom with the externally imposed 'Bailout Package' in Ireland, it will address whether the Convention may, in limited circumstances, allow for programmes such as these to be deemed compatible with the CRPD among developed States.