The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights in
the case of Johnston and Others, delivered on 18 December 1986 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against Ireland
lodged with the European Commission of Human Rights on 16 February 1982
under Article 25 (art. 25) of the convention by Roy H.W. Johnston, an
Irish citizen, Janice Williams-Johnston, a British citizen, and
Nessa Williams-Johnston, their daughter, an Irish citizen, the
applicants complaining of the absence of provision in Ireland for
divorce and for recognition of the family life of persons who, after
the breakdown of the marriage of one of them, are living together in a
stable relationship outside marriage;
Recalling that the case was brought before the Court by the Commission
on 21 May 1985;
Whereas in its judgment of 18 December 1986 the Court held:
- by sixteen votes to one, that the absence of provision for divorce
under Irish law and the resultant inability of the first and second
applicants to marry each other did not give rise to a violation of
Article 8 (art. 8) or Article 12 (art. 12) of the convention;
- by sixteen votes to one, that the first and second applicants were
not victims of discrimination, contrary to Article 14 taken in
conjunction with Article 8 (art. 14+8), by reason of the fact that
certain foreign divorces may be recognised by the law of Ireland;
- by sixteen votes to one, that Article 9 (art. 9) was not applicable
in the present case;
- unanimously, that, as regards the other aspects of their own status
under Irish law complained of by the first and second applicants,
there was no violation of Article 8 (art. 8);
- unanimously, that the legal situation of the third applicant under
Irish law gave rise to a violation of Article 8 (art. 8) as regards
all three applicants;
- by sixteen votes to one, that it was not necessary to examine the
third applicant's allegation that she was a victim of discrimination,
contrary to Article 14 taken in conjunction with Article 8
(art. 14+8), by reason of the disabilities to which she was subject
under Irish succession law;
- unanimously, that Ireland was to pay to the three applicants
together, in respect of legal costs and expenses referable to the
proceedings before the Commission and the Court, the sum of twelve
thousand Irish pounds, together with any value added tax that may be
chargeable;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the convention;
Having invited the Government of Ireland to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligation under Article 53 (art. 53) of the convention to abide
by the judgment;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Ireland gave the Committee information
about the measures taken in consequence of the judgment, which
information appears in the appendix to this resolution;
Having satisfied itself that the Government of Ireland has paid to the
three applicants the sum provided for in the judgment,
Declares, after having taken note of the information supplied by the
Government of Ireland, that it has exercised its functions under
Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (88) 11
Information provided by the Government of Ireland
during the examination of the case of Johnston and Others
before the Committee of Ministers
The Status of Children Act 1987, which was enacted on 14 December 1987
and came fully into operation on 14 June 1988, equalises the rights
under the law of Ireland of all children, whether born within or
outside marriage. This is achieved, firstly, by setting out the
general principle that relationships are to be determined without
regard to whether the parents of any person have married each other.
Secondly, the Act gives effect to this principle by putting children
whose parents have not married each other on the same footing, or as
nearly so as possible, as those born within marriage in the areas of
guardianship, maintenance and property rights. In addition,
section 74 of the Finance Act 1988 applies the general principle set
out in the Status of Children Act 1987 to existing revenue law.
The Government of Ireland has paid to the three applicants the sum of
thirteen thousand two hundred and twelve Irish pounds fifty pence
(including value added tax) provided for in the Court's judgment
of 18 December 1986.