“Protecting the Public Purse” in cuts to Social Security: Krajnc v Slovenia

By Dr Ben Warwick (University of Birmingham)

Krajnc v Slovenia continues the ECtHR’s grappling with the interaction between Convention rights and public finance questions. Relying on Article 1, Protocol 1 the applicant successfully argued that a law change, which resulted in a halving of his disability allowance, was a breach of the Convention. The case follows many other cases in the same vein. Despite reaching this positive conclusion, in its reasoning the Court relies upon deeply problematic assumptions about the relationship between rights and fiscal policy, and fails to interrogate harmful stereotypes of disabled persons. Continue reading