Resolution CM/ResDH(2011)42[1]
Execution of the judgment of the European Court of Human Rights
P.B. and J.S. against Austria
(Application No. 18984/02, judgment of 22 July 2010, final on 22 October 2010)
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 suffered by a same-sex couple due to the refusal to extend the health and accident insurance of the second applicant, a civil servant, to the first applicant, his co-habitating partner (violation of Article 14 in conjunction with Article 8) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken 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;
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the 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
- general measures preventing, similar violations;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2011)42
Information on the measures taken to comply with the judgment in the case of
P.B. and J.S. against Austria
Introductory case summary
The case concerns discrimination (for the period until 30 June 2007) against a same-sex couple due to refusal to extend the health and accident insurance of the second applicant, a civil servant, to the first applicant, his co-habitating partner (violation of Article 14 in conjunction with Article 8).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
5000 EUR
10000 EUR
10000 EUR
25000 EUR
Paid on 18/01/2011
b) Individual measures
The individual measures are linked to the general measures in this case.
II.General measures
An amendment was introduced to the Civil Servants’s Sickness and Accident Insurance Act which entered into force on 1 July 2007. The amended version omitted the explicit reference to partners of the opposite sex in section 56(6a) and restricted the scope of application of section 56(6) to relatives. It is thus formulated in a neutral way no longer distinguishing between same-sex and different-sex couples. This was also confirmed by the European Court which considered that as of July 2007 the applicants were no longer subject to an unjustified difference in treatment as regards the benefit of extending health and accident insurance cover to the second applicant (paragraphs 45-50).
III.Conclusions of the respondent state
The government considers that no individual measure is required, that the general measures adopted will prevent similar violations and that Austria has thus fulfilled its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 8 June 2011 at the 1115th Meeting of the Ministers’ Deputies
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