ECHR

November 24th, 2025 by James Goudie KC

In R ( JWANCZUK ) v SoS for WORK & PENSIONS ( 2025 ) UKSC 42 the Supreme Court addresses Article 14 of the ECHR read in conjunction with Articles 8 and A1P1. The Court considered “ other status “, justification and the Human Rights Act interpretative interpretation. It observes that there are limits on the concept of “ other status”. As to justification, the Court applies the standard BANK MELLAT test, and refers to the wide margin of appreciation. As to the interpretative obligation, the Court considers this in the context of an exception to a general rule.

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