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The European courts have their priorities wrong. Why aren’t they stopping the disability deaths?

30 Thursday May 2013

Posted by Mike Sivier in Benefits, Conservative Party, Disability, European Union, Health, Housing, Immigration, Liberal Democrats, Politics, UK

≈ 37 Comments

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1961, 73, allowance, Atos, bedroom tax, benefit, benefits, campaign, Coalition, Conservative, corporate, death, Democrat, Department for Work and Pensions, disability, disabled, DWP, employment, Employment and Support Allowance, ESA, European Court, evict, government, hate, health, Iain Duncan Smith, ill, International Criminal Court, Justice, Liberal, Linda Wootton, manslaughter, mental, migrant, Mike Sivier, mikesivier, people, politics, scrounger, sick, skiver, social security, Stephanie Bottrill, Suicide Act, support, Tories, Tory, un, united nations, Universal Credit, unum, Vox Political, WCA, week, welfare, work capability assessment, workshy


The villain of the piece: Iain Duncan Smith drives all of the government's policies that discriminate against the sick or disabled. Others have memorably noted that his idea of helping them is to kick away their walking-sticks to see how far they can crawl.

The villain of the piece: Iain Duncan Smith drives all of the government’s policies that discriminate against the sick or disabled. Others have memorably noted that his idea of helping them is to kick away their walking-sticks to see how far they can crawl.

The UK Coalition government is to face trial by the European Court of Justice over an alleged failure to correctly assess the benefits EU migrants are entitled to claim. This is very laudable, but begs the question: When are the European courts going to address the Coalition’s transgressions against its own citizens?

I refer, of course, to the continuing scandal of Employment and Support Allowance, the disability benefit that isn’t (according to the government’s plans for another so-called benefit, Universal Credit).

Vox readers are, by now, well aware that the so-called “work capability assessment” that allegedly determines whether a person is entitled to the benefit or is fit for work is in fact a sham, run by a French Information Technology company (Atos), using a computerised, tick-box assessment system that is based on a scheme that earned the American insurance company that devised it (Unum) a criminal record, because its sole intention was to prevent as many people as possible from fitting the criteria necessary to win a claim.

The application of this assessment system has led to an average of 73 deaths every week. This means that, between the moment I woke up this morning and the time I’m writing this (around midday), at least two more people are likely to have died – either because their condition has worsened due to the strain of the assessment procedure, or through suicide; their mental health was not strong enough and they decided to give up, rather than fight for what should be theirs by right as UK citizens.

A BBC documentary (Week In, Week Out, May 28, 2013) recently quoted a statistic that claimed people with chronic pain – who are therefore entitled to claim ESA – are twice as likely to die prematurely than those without, so why is the Coalition forcing them through these fake “medical” examinations and then telling them they are fit to work – effectively trying to induce such premature deaths?

That question has been taken to the European courts – and the United Nations’ International Criminal Court. The response, so far, has been breathtakingly disappointing. It seems that they need proof that the UK’s own justice system will not rectify the problem before they will agree to take action.

How much proof do they need?

Within the last couple of weeks, Linda Wootton, a lady who had endured multiple organ transplants due to illness, died – within days of receiving notice that a work capability assessment had found her fit for work and her ESA had been cancelled.

In the same period, a High Court tribunal ruled that the Coalition has broken the law by discriminating against people who are mentally ill. This is exactly the kind of discrimination that causes the suicides. It is something about which the government has been warned – not rarely, but continually and with passion. And what is the government’s response?

It intends to appeal against the decision. It says it has made enough concessions to the mentally ill already.

We know what happens when the government appeals against court decisions. It loses.

And then it changes the law, in order to make its actions legal again.

That is the act of a criminal regime.

But the international courts are still sitting on their thumbs.

By the time I finish posting this article, according to the averages, another ESA claimant will be dead – making three, or thereabouts, since I woke up this morning. If the international courts finally get their act together, examine the mountain of evidence that has built up against the Coalition over the last three years, and find it guilty of corporate manslaughter – or procuring suicide under the Suicide Act 1961 – it will be a tremendous day for the most vulnerable people in the UK.

And make no mistake – the chronically sick and disabled are far more vulnerable than most European migrants.

But one fact will remain: Thousands upon thousands of these vulnerable people will have died, and no court decision will ever bring them back.

ESA isn’t the only benefit system that is failing the British people. Look at Stephanie Bottrill, who committed suicide because she was facing eviction. She couldn’t afford to pay the Coalition’s hated Bedroom Tax.

You see, these aren’t just numbers. They’re people. Thousands and thousands of real people. With real families who are left to mourn the loss.

In the UK, the Coalition and the press have worked hard to create a lack of empathy for these people – calling them scroungers, or skivers, or work-shy. In reality they are nothing of the sort. They are seriously, seriously ill. They are victims of a libellous hate campaign. And they are too sick, and too poor, to mount a challenge against what is happening to them.

Now, I don’t want the Comment column after this article to fill up with hate-speak for Johnny Foreigner. The fact is, the Coalition probably is denying benefits to migrants.

My rationale for suggesting this is the fact that it is denying benefits to the UK’s own citizens, and is perfectly comfortable with letting them die as a result.

So, while I applaud the European Court of Justice for taking this step against the UK government, I must also add this:

Get your priorities right.

Postscript: You know, it isn’t my job to point out these things. There are people in this country who are employed – in fact, there are people in this country who are elected – to do so. Why aren’t these people spending every waking hour campaigning for justice, for their constituents and for the nation as a whole? Why aren’t they fighting the media lies? Where is the opposition to this government criminality?

Post-postscript: Have a look at this article, reporting that the Joint Parliamentary Committee on Human Rights has found the Coalition government in breach of the United Nations’ Convention on the Rights of People with Disabilities. Now we have proof that the Coalition is actively discriminating against the disabled, and breaking UN conventions to do it, will the UN, finally, step in?

Oh! I just looked at the time. That’ll be another person dead, then.

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