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On several occasions, theausterity measures implemented by many Europeancountries following the well-knowneconomic crisis of 2008 have come under thescrutiny of the Strasbourg Court for their allegedviolation of the fundamental rights enshrinedin the European Convention ofHuman Rights. In particular, in the recent decisionJ.d. and A. v. united Kingdom the EuropeanCourt, for the first time, condemnedthe UK’s austerity policy on housing subsidiesas discriminatory against the victims of domesticviolence, considering their vulnerablestatus. However, this ruling also represents amissed opportunity for the Strasbourg judgesto guarantee the same protection to anothercategory deserving an enhanced protection,namely persons with disabilities and, by association,their caregivers. Against this background,this paper focuses on the “missingpiece” in the legal reasoning of the EuropeanCourt, while attempting an analysis of thecase in light of the principle of non-discriminationon the ground on disability.

MISURE DI AUSTERITÀ E DISCRIMINAZIONE SULLA BASE DELLA DISABILITÀ: UNA RECENTE DECISIONE DELLA CORTE DI STRASBURGO