Unpublished Paper
Human rights, the Constitution and payment of old age pensions to persons in prison: P.C. v Minister for Social Protection
(2016)
Abstract
In this case, the plaintiff challenged a provision of social welfare law which disallowed entitlement to a State Pension (formerly known as old age pension) while he was in prison. The relevant provision was challenged both under the European Convention on Human Rights (or, more correctly, the European Convention on Human Rights Act, 2003) and the Irish Constitution. The High Court (Binchy J.) rejected the challenge on all grounds. While the Court was correct as to the outcome, it is arguable that some aspects of its reasoning are flawed. The Supreme Court has recently allowed a direct appeal to that Court by the plaintiff.
UPDATE: The Supreme Court has now upheld the appeal ruling that the provision involves an “impermissible administration of justice by legislation” contrary to the Irish Constitution. See Irish Times, 27 July 2017. The ruling is not yet available.
Keywords
- State pension,
- European Convention of Human Rights,
- Irish Constitution,
- property rights,
- equality
Disciplines
Publication Date
2016
Citation Information
Mel Cousins. "Human rights, the Constitution and payment of old age pensions to persons in prison: P.C. v Minister for Social Protection" (2016) Available at: http://works.bepress.com/mel_cousins/101/