‘What about the poor people's rights?’ The dismantling of social citizenship through access to justice and welfare reform policy

Recent extensive reforms to the welfare system and concurrent reduction in the provision of free legal advice have had a major impact on the meaning of social citizenship. This article examines this changed meaning, drawing mainly on the findings of a study funded by the Equality and Human Rights Co...

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Bibliographic Details
Published in:Journal of law and society 2021-09, Vol.48 (3), p.362-385
Main Authors: SIGAFOOS, JENNIFER, ORGAN, JAMES
Format: Article
Language:English
Subjects:
Citizens
Citizenship
Civil rights
Criminal justice policy
Criminal sentences
Equality
Human rights
Legal advice
Legal aid
Legitimacy
Low income groups
Offenders
Punishment
Reciprocity
Social justice
Social meaning
Welfare reform
Welfare rights
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Summary:Recent extensive reforms to the welfare system and concurrent reduction in the provision of free legal advice have had a major impact on the meaning of social citizenship. This article examines this changed meaning, drawing mainly on the findings of a study funded by the Equality and Human Rights Commission into the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The study provides evidence of the interrelationship between civil and social rights, and of how the changes to legal advice provision have had a negative impact on the ability of citizens to establish or enforce welfare rights. The effect is a perception that the state is failing to uphold its end of a reciprocal bargain with its citizens. We argue that limited reciprocity and inclusion, along with distrust in the system, have profound implications for social and civil rights, undermine the state's political legitimacy, and are causing the dismantling of social citizenship.
ISSN:0263-323X
1467-6478
DOI:10.1111/jols.12312