Resolution ResDH (2003)130

concerning the judgment of the European Court of Human Rights of 11 June 2002 (final on 11 September 2002) in the case of Willis 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 judgment of the European Court of Human Rights in the Willis case delivered on 11 June 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 36042/97) against the United Kingdom, lodged with the European Commission of Human Rights on 24 April 1997 under former Article 25 of the Co n vention by Mr Kevin David Willis , a British national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, 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, and the complaint regarding the absence of effective remedy in this respect;

Whereas in its judgment of 11 June 2002 the Court unanimously:

- held that Article 14 of the Convention taken in conjunction with Article 1 of Protocol No. 1 was applicable to the applicant's complaint concerning non-entitlement to a Widow's Payment and Widowed Mother's Allowance;

- held that there had been a violation of Article 14 of the Convention taken in conjunction with Article 1 of Protocol No. 1 in connection with that complaint;

- held that that it was not necessary to consider that complaint under Article 14 of the Convention taken in conjunction with Article 8;

- held that that there had been no violation of Article 14 of the Convention taken in conjunction with Article 8 of the Convention or Article 1 of Protocol No. 1 in connection with the applicant's complaint concerning non-entitlement to a Widow's Pension;

- held that that it was not therefore necessary to consider whether Article 8 of the Convention and Article 1 of Protocol No. 1 are applicable to the applicant's complaint concerning non-entitlement to a Widow's Pension;

- held that that it was not necessary to consider the case under Article 14 of the Convention taken in conjunction with Article 8 of the Convention or Article 1 of Protocol No. 1 in connection with the complaint about discrimination suffered by the applicant's late wife;

- held that that there had been no violation of Article 13 of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 25 000 pounds sterling for pecuniary damage, 12 500 pounds sterling in respect of the costs and expenses of the proceedings before the Convention organs (inclusive of value-added-tax and that simple interest at an annual rate of 7,5% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 11 June 2002, having regard to the United Kingdom’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, with legislative changes introduced in the Welfare Reform and Pensions Act 1999, mainly Sections 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 );

Having satisfied itself that on 13 November 2002, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 11 June 2002,

Declares, after having taken note of 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.