Tag: Alison Thewliss

UN calls on UK government to scrap ‘pernicious’ two-child benefit cap and rape clause

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The UK Government has been urged to abandon its “pernicious” two child policy and rape clause, following the publication of a United Nations Human Rights report.

The new report published today by the Committee on the Elimination of Discrimination against Women (CEDAW), made a number of recommendations including that the two child tax credit limit be repealed. The report authors also warn that Universal Credit risks trapping domestic abuse victims in situations of poverty and violence. 

Last year, leader of the Labour party, Jeremy Corbyn, wrote to the Prime Minister, calling on the Government to bring forward policies to reverse the “shocking trends of rising poverty, rising homelessness and rising destitution”, promising to “expedite” a range of measures through Parliament with Labour support, including: ending the two child limit and scrapping the ‘rape clause.’ 

The two child limit, and the ‘non-consensual sex exemption’ – commonly known as the ‘rape clause’ – has been the subject of significant opposition since it was challenged in the 2015 Budget, including by the SNP’s Alison Thewliss, among others. 


SNP MP Alison Thewliss has stepped call for an end to the two child limit
Alison Thewliss. Courtesy of The Scotsman


The report says: “The Committee recalls its previous concluding observations and remains concerned that the payment of Universal Credit, which consolidates six separate income-related benefits, into a single bank account under the Universal Credit system risks depriving women in abusive relationships access to necessary funds and trapping them in situations of poverty and violence.

“It also expresses deep concern at the introduction of a two-child tax credit limit except in certain circumstances such as rape, which has a perverse and disproportionate impact on women.

“The Committee also expresses its concern that the increase in the state pension age for women from 60 to 66, following several legislative changes, has affected the pension entitlements of women born in the 1950s, and is contributing to poverty, homelessness and financial hardships among the affected women.”

The Committee calls on the UK Government to:

(a) Ensure that women in abusive situations are able to independently access payments under the Universal Credit system;

(b) Repeal the two-child tax credit limit;

(c) Take effective measures to ensure that the increase in the State pension age from 60 to 66 does not have a discriminatory impact on women born in the 1950s.

The policy limits child tax credit to the first two children. A number of exceptions were set out, including for a child born as a result of “non-consensual conception”. Work and Pensions Secretary Amber Rudd announced a rollback in January, but faced claims that she was creating “two classes of family” by scrapping it for some claimants but not others. 

Human rights and the implications of the Conservatives’ two-child policy 

Article 25 of the Universal Declaration of Human Rights, of which the UK is a signatorystates:

  1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  2.  Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

An assessment report last year, by the four children’s commissioners of the UK called on the government to reconsider imposing the deep welfare cuts, voiced “serious concerns” about children being denied access to justice in the courts, and called on ministers to rethink plans at the time to repeal the Human Rights Act.

More than 70,000 low-income families lost up to £2,800 each last year after having their entitlement to benefits taken away as a result of the government’s “two-child policy”, official figures showed. The statistics revealed that during the first year of operation, 59% of the 73,500 families who lost financial support for a third child were in work. Nine per cent of UK claimant households with three or more children were affected.

Margaret Greenwood, Labour’s shadow work and pensions secretary, said: “These figures are truly shocking. The two-child limit is an attack on low-income families, is morally wrong and risks pushing children into poverty.

“It cannot be right that the government is making children a target for austerity, treating one child as if they matter less than another. Labour will make tackling child poverty the priority it should be.”

Margaret-Greenwood-

 

Margaret Greenwood, shadow Work and Pensions Secretary

Alison Garnham, the chief executive of Child Poverty Action Group, said: “An estimated one in six UK children will be living in a family affected by the two-child limit once the policy has had its full impact. It’s a pernicious, poverty-producing policy.”

Jamie Grier, the development director at the welfare advice charity Turn2us, said: “We are still contacted by parents, the majority of whom are in work, fretting over whether this policy means they might consider terminating their pregnancy.”

The policy was introduced by the former work and pensions secretary Iain Duncan Smith, who described it as a “brilliant idea”, despite it being criticised as a “Chinese-style clampdown on the poor”. Duncan Smith said it would force claimants to make the same life choices as families not on benefits, and incentivise them to seek work or increase their hours.

Commenting on the report, Alison Thewliss MP said: “This most recent condemnation is a damning confirmation of what is a truly cruel and pernicious policy by this heartless UK Tory Government.

“Having ceased rollout of the policy to third and subsequent children born before April 2017, the DWP Secretary of State Amber Rudd must now recognise that the two child policy is unfair for everyone who is affected by it.

“No one can plan for the whole course of their family life, and social security should be a safety net for all of us when we need it.

“Only today, I met with a host of organisations, representing a number of sections of society – including women’s and religious groups – and all were unequivocal in their opposition to the two child policy.

“It is tantamount to social engineering, and it is pushing increasing numbers of families into poverty.

“I will be writing to the UK Government to ask for immediate action on CEDAW’s findings. Amber Rudd must do the right thing and end the two child limit for good.”

Related

The government’s eugenic policy is forcing some women to abort wanted pregnancies


 

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UN to question the Conservatives about the two-child restriction on tax credits

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The government’s decision to limit child tax credits to two children only per family, unless a further child is the result of rape, has been referred to a United Nations human rights panel. 

The government has made an exception to the tax credit limit for children conceived through rape – though what policies will be put in place to process this exemption have yet to be specified.

A formal complaint by the Scottish National Party MP Alison Thewliss to the UN will be examined by its official committee on the rights of the child, before hearings on the impact of the Conservative’s welfare “reforms” next week. A UK government delegation will have to explain how the “reforms” conform to the UN obligations on child poverty. 

The UN has asked the UK government to provide evidence on whether ministers had carried out an impact assessment into how the welfare cuts including the implementation of the benefits cap “and other benefits cuts” would affect children.

In a letter to Alison Thewliss, the UN said it had also asked for information on “the measures being taken to mitigate negative impact of this reform on the enjoyment of the rights of children, particularly those in vulnerable situations”.

The UN committee is expected to deliver its final recommendations to the UK government in early June.

Alison Thewliss.
                                                                   Alison Thewliss.

Thewliss, who held a meeting with the welfare reform minister Lord Freud earlier this week, described the rape clause as “medieval”. She said it “stigmatises mother and child, and risks discriminating against those who may for religious or traditional reasons have larger families.”

Eugenics by stealth

Last year I wrote about the government plans to restrict child tax credit payments to two children in families, with the stated intention of directing behavioural change, so that poor families wouldn’t have more children that they “can afford.” This assumes, of course that family situations remain static, and that people don’t experience downward mobility because of job market insecurity, accident or ill health. The Conservatives had announced plans to cut welfare payments for larger families at that time. Whilst this might not go quite as far as imposing limits on the birth of children for poor people, it does effectively amount to a two-child policy.

A two-child policy is defined as a government-imposed limit of two children allowed per family or the payment of government subsidies only to the first two children. 

The restriction in support for children of larger families significantly impacts on the autonomy of families, and their freedom to make decisions about their family life. Benefit rules purposefully aimed at reducing family size rarely come without repercussions.

It’s worth remembering that David Cameron ruled out cuts to tax credits before the election when asked during interviews. Tax credit rates weren’t actually cut in the recent Budget – although they were frozen and so will likely lose some of their value over the next four years because of inflation.

Some elements were scrapped, and of course some entitlements were restricted. But either way a pre-election promise not to cut child tax credits sits very uneasily with what was announced in the budget.

Iain Duncan Smith said last year that limiting child benefit to the first two children in a family is “well worth considering” and “could save a significant amount of money.” The idea was being examined by the Conservatives, despite previously being vetoed by Downing Street because of fears that it could alienate parents. Asked about the idea on the BBC’s Sunday Politics programme, Duncan Smith said:

“I think it’s well worth looking at,” he said. “It’s something if we decide to do it we’ll announce out. But it does save significant money and also it helps behavioural change.”

Firstly, this is a clear indication of the Tories’ underpinning eugenicist designs – exercising control over the reproduction of the poor, albeit by stealth. It also reflects the underpinning belief that poverty somehow arises because of faulty individual choices, rather than faulty political decision-making and ideologically driven socioeconomic policies.

Such policies are not only very regressive, they are offensive, undermining human dignity by treating children as a commodity – something that people can be incentivised to do without.

Moreover, a policy aimed at restricting support available for families where parents are either unemployed or in low paid work is effectively a class-contingent policy.

The tax child credit policy of restricting support to two children seems to be premised on the assumption that it’s the same “faulty” families claiming benefits year in and year out. However, extensive research indicates that people move in and out of poverty – indicating that the causes of poverty are structural rather than arising because of individual psychological or cognitive deficits.

The Joseph Rowntree Foundation published a study that debunked  the notion of a “culture of worklessness” in 2012.  I’ve argued with others more recently that there are methodological weaknesses underlying the Conservative’s regressive positivist/behaviourist theories, especially a failure to scientifically test the permanence or otherwise of an underclass status, and a failure to distinguish between the impact of “personal inadequacy” and socioeconomic misfortune.

Limiting financial support to two children may also have consequences regarding the number of abortions. Abortion should never be an outcome of reductive state policy. By limiting choices available to people already in situations of limited choice – either an increase of poverty for existing children or an abortion, then women may feel they have no choice but to opt for the latter. That is not a free choice, because the state is inflicting a punishment by withdrawing support for those choosing to have more than two children, which will have negative repercussions for all family members.

Many households now consist of step-parents, forming reconstituted or blended families. The welfare system recognises this as assessment of household income rather than people’s marital status is used to inform benefit decisions. The imposition of a two-child policy has implications for the future of such types of reconstituted family arrangements.

If one or both adults have two children already, how can it be decided which two children would be eligible for child tax credits?  It’s unfair and cruel to punish families and children by withholding support just because those children have been born or because of when they were born. Or because of the circumstances of their birth.

And how will residency be decided in the event of parental separation or divorce – by financial considerations rather than the best interests of the child? That flies in the face of our legal framework which is founded on the principle of paramountcy of the needs of the child. I have a background in social work, and I know from experience that it’s often the case that children are not better off residing with the wealthier parent, nor do they always wish to.

Restriction on welfare support for children will directly or indirectly restrict women’s autonomy over their reproduction. It allows the wealthiest minority to continue having babies as they wish, whilst aiming to curtail the poor by disincentivisingbreeding” of the “underclass.” It also imposes a particular model of family life on the rest of the population. Ultimately, this will distort the structure and composition of the population, and it openly discriminates against the children of large families.

Article 25 of the Universal Declaration of Human Rights, of which the UK is a signatory, reads:

  1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  2.  Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

The United Nation’s Convention on the Rights of the Child (UNCRC) applies to all children and young people aged 17 and under. The convention is separated into 54 articles: most give children social, economic, cultural or civil and political rights, while others set out how governments must publicise or implement the convention.

The UK ratified the Convention on the Rights of the Child (UNCRC) on 16 December 1991. That means the State Party (England, Scotland, Wales and Northern Ireland) now has to make sure that every child benefits from all of the rights in the treaty. The treaty means that every child in the UK has been entitled to over 40 specific rights. These include:

Article 6

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 26

1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

There are other relevant Convention Articles here, which the Conservative’s two-child policy also potentially compromises or violates.

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