Resolution ResDH (2004)12

concerning the judgment of the European Court of Human Rights of 8 April 2003 (Friendly settlement) in the case of Atkinson against the United Kingdom

(Adopted by the Committee of Ministers on 24 February 2004 at the 871st 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 Atkinson case delivered on 8 April 2003 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. 65334/01) against the United Kingdom, lodged with the European Court of Human Rights on 24 January 2001 under Article 34 of the Co n vention by Mr Peter George Atkinson , a British national, and that the Court declared admissible the applicant's 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 Pensions, was available only to women;

Whereas in its judgment of 8 April 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, 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 sum of 10 488,12 pounds sterling, for all kind damages within three months as from the delivery 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;

Having satisfied itself that on 28 January 2003, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement and recalling that, 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 Resolution DH(2000)81 in the case of Crossland against the United Kingdom),

Declares, after having examined the information supplied by the Government of the United Kingdom, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.