‘The UK Supreme Court has unanimously allowed the UK Government’s appeal in R (Jwanczuk) v Secretary of State for Work and Pensions ([2025] UKSC 42). In doing so, it reaffirmed its commitment to the widely-criticised approach to proportionality review espoused in its SC judgment ([2021] UKSC 26) and attached little weight to disability as a suspect ground of discrimination under Article 14 of the European Convention on Human Rights (“ECHR”). The decision perpetuates a considerable reshaping of how judges approach justification review under the Human Rights Act 1998 (the “HRA”) and sets an impracticably high threshold for claimants to meet; this, it is suggested, is regrettable. It is clear that SC will continue to cast a long shadow over domestic Article 14 claims.’
Oxford Human Rights Hub, 25th November 2025
Source: ohrh.law.ox.ac.uk
