With regard to benefit sanctions (UK).Please address a potential breach of Article 6 of the ECHR legislation - The right to a fair trial.
This petition had 119 supporters
Currently, benefit sanctioning in this country (U.K) is done without any sort of trial. The claimant is penalised before they have even had the chance to defend themselves, with benefits being stopped, and the claimant then having to appeal this.
This is contrary to natural lawful proceedings in that one is punished very severely, often having their only living allowance stopped entirely, before actually facing a trial. I.e having to appeal after the judgement is made.
I believe it is also a contravention of EHCR article 6 - A right to a fair trial, for a number of reasons.
a) Stopping ones only living allowance is a very severe punishment, that causes all kinds of both short term and long term detrimental effects to the claimant. If such a strong punishment is to be metered out, then it is vital that the claimant is given the right to properly defend themselves, and the right to a fair trial, instead of the current system of stopping benefits first and the claimant then having to appeal the decision.
As I have witnessed first hand and testify to, one is not given the ability to defend themselves when the "sanctionable" claim is sent to the "decision-makers". Judgement is then carried out, utilizing only the biased information they receive from the local Jobcentre office. One must then appeal against this decision. This is contrary to natural lawful proceedings, especially when such a significantly harsh punishment (stopping the ability for one to exist for a 2 week period) is at stake. I also believe that entirely stopping ones ability to exist, is also a gross infraction of another piece of ECHR legislation, article 2 - the right to life.
b) The department that makes the "decisions" to stop the claimants only living allowance (JSA - Jobseekers Allowance) is another branch of the government. The government, due to insider leaks has, as far as i'm aware, been proven to have "targets" for sanctions that they are required to meet each week/month. This will and has i feel, lead to injustices being carried out.
I urge those with the great responsibility rendered upon them, to look further into this matter, and to take action, so that those who are needy are not denied the justice that they are democratically entitled to.
Today: Dan is counting on you
Dan Jackson needs your help with “The European Court of Human Rights: With regard to benefit sanctions (UK).Please address a potential breach of Article 6 of the ECHR legislation - The right to a fair trial.”. Join Dan and 118 supporters today.