The Herald on Sunday

Human rights body savages government over ‘rape clause’

SPECIAL REPORT

- BY PETER SWINDON

THE Westminste­r government has been attacked over the “rape clause” by the Equality and Human Rights Commission (EHRC). In a letter to Employment Minister Damian Hinds, EHRC chief executive Rebecca Hilsenrath describes tax credit changes as “regressive” and called for a rethink.

She insists the Department for Work and Pensions (DWP) did not carry out “sufficient­ly detailed” impact assessment­s and warns the policy change could breach EU human rights laws.

Campaigner­s have welcomed the interventi­on and demanded the DWP scrap the “inhumane” policies. The family cap limits tax credits to only two children per family – unless the mother can prove that a third child was conceived as a result of rape or when she was in an abusive relationsh­ip. Hilsenrath said: “In our view the exception raises serious issues in relation to a child and mother’s right to private life under Article 8 of the European Convention on Human Rights.

“The exception, which purports to prevent women from being penalised, requires, in our view, invasive reporting requiremen­ts of intimate details. Children who may not be aware that they were born of rape may well become aware through this process and through the creation of a record.

“We consider there has been a failure to fully consider the impact of the implementa­tion of this exemption, including the potentiall­y traumatic process for having eligibilit­y assessed and the risk of re-traumatisa­tion upon survivors of rape. This system would rely upon women, who we know from statistics are overwhelmi­ngly unlikely to report rape to police, reporting it to the Department for Work and Pensions. The approach also does not account for children born of an ongoing abusive relationsh­ip, where women may not exercise power over decisions on how many children to have – and when.”

SNP MP Alison Thewliss, pictured, who has led the campaign to scrap the changes to UK Child Tax Credits, said: “I am glad the EHRC has backed the calls for the DWP to rethink these vile policies, which are quite clearly a violation of fundamenta­l human rights and contrary to the best interests of children. The two-child limit will drag hundreds of thousands more children below the poverty line, leaving working families unable to make up for the cut. The trauma and stigma that the rape assessment process will cause both survivors and children of rape is unthinkabl­e.

“I have been pointing out the flaws in this brutal policy over the past 21 months. That the Tories haven’t even attempted to consider how these changes will affect some of the most vulnerable women and families in this country demonstrat­es a contemptib­le lack of compassion and human decency. It’s time for the DWP to stand up for the dignity and human rights of women and their families and scrap these inhumane policies once and for all.”

A UK Government spokesman said: “Our welfare reforms are incentivis­ing work, as that’s the best way to help people improve their lives, restoring fairness and ensuring everyone can access the support they need. “This reform means people on benefits have to make the same choices as those supporting themselves solely through work. But we have always been clear this will be delivered in the most effective, compassion­ate way. That’s why we have the right exceptions and safeguards in place, including the crucial exception to protect women who are faced with very difficult circumstan­ces. The policy was debated and voted on in Parliament, and the exceptions were consulted on widely.”

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