Resolution ResDH(2003)148
concerning the judgment of the European Court of Human Rights
of 1 October 2002 (Friendly settlement)
in the case of Rice against the United Kingdom
(Adopted by the Committee of Ministers on 22 July 2003
at the 847th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Rice case delivered on 1 October 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 65905/01) against the United Kingdom, lodged with the European Court of Human Rights on 4 December 2000 under Article 34 of the Convention by Mr Alan John Rice, a British national, and that the Court declared admissible the complaint that as a widower, he had been subject to discrimination on grounds of sex in that the social security benefits for widowed parents, the Widowed Mother’s Allowance and the Widow’s Payment, were only available to women;
Whereas in its judgment of 1 October 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of the United Kingdom would pay the applicant, the global sum of 5 710.32 pounds sterling, within three months as from the notification of the judgment;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward 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 or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Noting that on 3 April 2003, the applicant confirmed having received payment of the sum agreed within the time-limit agreed to under the terms of the friendly settlement and as far as general measures are concerned, legislative changes have been introduced in the Welfare Reform and Pensions Act 1999, mainly Section 54 and 55, granting equal treatment to widows and widowers in respect of social security benefits as from 9 April 2001 (see in particular Resolutions ResDH(2000)81 in the Crossland case, ResDH(2002)95 in the Cornwell case and ResDH(2002)96 in the Leary case),
Declares, after having taken note of the information supplied by the Government of the United Kingdom, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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