Resolution CM/ResDH(2010)187[1]
Execution of the judgment of the European Court of Human Rights
B. and L. against the United Kingdom
(Application No. 36536/02, judgment of 13 September 2005, final on 13 December 2005)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns discrimination against the applicants due to the prohibition of marriage between a father-in-law and daughter-in-law by legislation prohibiting marriages between parents-in-law and their step-children unless both their former spouses had died (Art. 12) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with the United Kingdom’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)187
Information about the measures to comply with the judgment in the case of
B. and L. against the United Kingdom
Introductory case summary
This case concerns the violation of the right of the applicants, a father-in-law and his daughter-in-law, to marry. In June 2002 they were informed that, under the Marriage Act 1949, as amended by the Marriage (Prohibited Degrees of Relationship) Act 1986, they could not marry unless both their former spouses had died (violation of Article 12).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
--
--
17 000 EUR
17 000 EUR
Paid within the time-limit set
b) Individual measures
There is no longer any prohibition against the applicants’ marrying (see general measures). Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
On 5/4/2004, as part of its review of family law, the government in Scotland announced its intention to legislate to remove the remaining restrictions on marriage between a person and the parent of his or her former spouse. On 21/11/2005, before the judgment became final, the United Kingdom government responded to it in a ministerial statement, setting out its intention to amend the Marriage Act 1949. The offending provisions have since been repealed in all areas of the United Kingdom.
• England and Wales, the Marriage Act 1949 was amended so as to remove the prohibition of marriage between fathers-in-law and daughters-in-law. This was done by way of a remedial Order under section 10 of the Human Rights Act 1998 (the Marriage Act 1949 (Remedial) Order 2007, S.I. 2007/438). The order came into force on 01/03/2007 (see: ).
• Scotland, the Family Law (Scotland) Act 2006 came into force on 04/05/2006. Section 1 of the Act amends the Marriage (Scotland) Act 1977 to remove this prohibition.
• Northern Ireland, the prohibition was lifted by the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006, S.I. 2006 No. 1945 (N.I.14), made by the Privy Council on 19/07/2006.
The judgment of the European Court was published at: (2006) 42 European Human Rights Reports 11 [2005] 3 Family Court Reports 353; [2006] 1 Family Law Reports 3 and The Times on 05/10/2005, as well as being available on Her Majesty’s Court Service website: .
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case, that these measures will prevent new similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies
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