Resolution CM/ResDH(2009)41[1]
Execution of the judgments of the European Court of Human Rights
17 cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits against the United Kingdom
(see details in Appendix)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the applicants’ admissible complaints in these cases concerned the fact that as widowers they were not entitled to widow's social security benefits (complaints under Article 8, 14 and Article 1 of Protocol No. 1);
Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
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 agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided in the friendly settlement and that no other measure was required in these cases to comply with the Court’s judgment;
Having examined the information supplied by the government of the United Kingdom,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and
DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2009)41
Information about the measures to comply with the judgments in 17 cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits against the United Kingdom
Details of payments
Name and application No.
Date of judgment
Pecuniary damage
Costs and expenses
Total
CAIRNEY 45773/99
20/11/2007
4 729,91 GBP
-
4 729,91 GBP
Paid on 09/01/2006
COLE
60933/00
23/05/2006
16 380,93 GBP
-
16 380,93 GBP
Paid on 16/09/2005
CORCORAN and others
60525/00+
06/02/2007
22 235,55 GBP
4 494,61 GBP
26 730,16 GBP
Paid on 16/09/2005
CREW
61928/00
09/01/2007
5 817,53 GBP
-
5 817,53 GBP
Paid on 19/08/2005
DAVIS and others
60946/00+
06/02/2007
26 058,59 GBP
6 282,68 GBP
32 341,27 GBP
Paid on 09/12/2005
DOBB
63388/00
20/11/2007
-
10,00 GBP
10,00 GBP
Paid on 17/09/2007
DONOVAN
63466/00
06/03/2007
4 410,69 GBP
1 935,65 GBP
6 346,34 GBP
Paid on 12/06/2006
GAMBLE
68056/01
09/01/2007
5 849,55 GBP
2 075,04 GBP
7 924,59 GBP
Paid on 04/04/2006
GREENHALGH
61956/00
05/09/2006
3 888,59 GBP
-
3 888,59 GBP
Paid on 19/09/2006
HANCOCK and others
63470/00+
06/03/2007
60 864.80 GBP
(global sum)
-
60 496.45 GBP[2]
Paid within the time-limit
HART and others
61019/00+
06/02/2007
44 197.21 GBP
(global sum)
-
43 948.56 GBP[3]
Paid within the time-limit
HYDE
63287/00
05/09/2006
8 703,53 GBP
-
8 703,53 GBP
Paid on 01/06/2006
MCWILLIAMS
53738/00
09/10/2007
-
-
7 035,56 GBP
Paid within the time-limit
OLIVER and BRITTEN
61604/00+
25/04/2006
36 009,72 GBP
-
36 009,72 GBP
Paid on 26/09/2005
RATHFELDER
63507/00
09/01/2007
23 433,88 GBP
-
23 433,88 GBP
Paid on 26/09/2005
SINCLAIR
68621/01
09/10/2007
8 611,41 GBP
1 740,6 GBP
10 352,01 GBP
Paid on 26/09/2005
TERRILL and others
60469/00+
16/01/2007
59 440,01 GBP
10 070,31 GBP
69 510,32 GBP
Paid on 03/10/2005
[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies
[2] The reduced amounts paid in this case result from an agreement between the parties relating to cost and expenses
[3] See footnote 2.
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