Resolution ResDH (2002)97 concerning the judgment of the European Court of Human Rights of 29 January 2002 in the case of Fielding against the United Kingdom

(Adopted by the Committee of Ministers on 22 July 2002 at the 803rd 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 Fielding case delivered on 29 January 2002 and transmitted the same day to the Committee of Ministers under Article 44 of the Convention;

Recalling that the case originated in an application (No. 36940/97) against the United Kingdom, lodged with the European Commission of Human Rights on 17 June 1997 under former Article 25 of the Convention by Mr David William Fielding, a British national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, 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 benefit for widowed parents, Widowed Mother’s Allowance was available only to women;

Whereas in its judgment of 29 January 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 14 573.32 pounds sterling representing the amount that the applicant would have been paid had Widowed Mother’s Allowance been available to men at the date his wife died (for the period until 9 April 2001) together with sums to be paid on an extra-statutory basis equivalent to the amount of the national widowed mothers allowance provided that he continued to satisfy the relevant conditions, until the Welfare Reform and Pensions Act 1999 enters into force, and also the sum of 5 000 British pounds to the applicant’s legal representative 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 the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and 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,

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.