Resolution ResDH (2002)144 concerning the judgment of the European Court of Human Rights of 21 May 2002 in the case of Downie against the United Kingdom

(Adopted by the Committee of Ministers on 21 Octob er 2002 at the 810th 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 Downie case delivered on 21 May 2002 and transmitted on the same date to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 40161/98) against the United Kingdom, lodged with the European Commission of Human Rights on 7 October 1997 under former Article 25 of the Convention by Mr Nicholas Downie , a British national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the lack of provision for widowers’ benefits under British social security legislation resulted in discrimination against the applicant on grounds of sex;

Whereas in its judgment of 21 May 2002 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, within three months, the sum of 19 124.32 British pounds Sterling in respect of damages and 1 959.90 pounds Sterling in respect of costs and expenses;

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 16 May 2002, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums provided for in 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 Sections 54 and 55, granting equal treatment to widows and widowers in respect of social security benefits as from 9 April 2001,

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.