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CASE OF JOHNSTON AND OTHERS

Doc ref: 9697/82 • ECHR ID: 001-55454

Document date: June 21, 1988

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CASE OF JOHNSTON AND OTHERS

Doc ref: 9697/82 • ECHR ID: 001-55454

Document date: June 21, 1988

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgment of the European Court of Human Rights in

the case of Johnston and Others, delivered on 18 December 1986 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against Ireland

lodged with the European Commission of Human Rights on 16 February 1982

under Article 25 (art. 25) of the convention by Roy H.W. Johnston, an

Irish citizen, Janice Williams-Johnston, a British citizen, and

Nessa Williams-Johnston, their daughter, an Irish citizen, the

applicants complaining of the absence of provision in Ireland for

divorce and for recognition of the family life of persons who, after

the breakdown of the marriage of one of them, are living together in a

stable relationship outside marriage;

Recalling that the case was brought before the Court by the Commission

on 21 May 1985;

Whereas in its judgment of 18 December 1986 the Court held:

- by sixteen votes to one, that the absence of provision for divorce

under Irish law and the resultant inability of the first and second

applicants to marry each other did not give rise to a violation of

Article 8 (art. 8) or Article 12 (art. 12) of the convention;

- by sixteen votes to one, that the first and second applicants were

not victims of discrimination, contrary to Article 14 taken in

conjunction with Article 8 (art. 14+8), by reason of the fact that

certain foreign divorces may be recognised by the law of Ireland;

- by sixteen votes to one, that Article 9 (art. 9) was not applicable

in the present case;

- unanimously, that, as regards the other aspects of their own status

under Irish law complained of by the first and second applicants,

there was no violation of Article 8 (art. 8);

- unanimously, that the legal situation of the third applicant under

Irish law gave rise to a violation of Article 8 (art. 8) as regards

all three applicants;

- by sixteen votes to one, that it was not necessary to examine the

third applicant's allegation that she was a victim of discrimination,

contrary to Article 14 taken in conjunction with Article 8

(art. 14+8), by reason of the disabilities to which she was subject

under Irish succession law;

- unanimously, that Ireland was to pay to the three applicants

together, in respect of legal costs and expenses referable to the

proceedings before the Commission and the Court, the sum of twelve

thousand Irish pounds, together with any value added tax that may be

chargeable;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the convention;

Having invited the Government of Ireland to inform it of the measures

which had been taken in consequence of the judgment, having regard to

its obligation under Article 53 (art. 53) of the convention to abide

by the judgment;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Ireland gave the Committee information

about the measures taken in consequence of the judgment, which

information appears in the appendix to this resolution;

Having satisfied itself that the Government of Ireland has paid to the

three applicants the sum provided for in the judgment,

Declares, after having taken note of the information supplied by the

Government of Ireland, that it has exercised its functions under

Article 54 (art. 54) of the convention in this case.

Appendix to Resolution DH (88) 11

Information provided by the Government of Ireland

during the examination of the case of Johnston and Others

before the Committee of Ministers

The Status of Children Act 1987, which was enacted on 14 December 1987

and came fully into operation on 14 June 1988, equalises the rights

under the law of Ireland of all children, whether born within or

outside marriage. This is achieved, firstly, by setting out the

general principle that relationships are to be determined without

regard to whether the parents of any person have married each other.

Secondly, the Act gives effect to this principle by putting children

whose parents have not married each other on the same footing, or as

nearly so as possible, as those born within marriage in the areas of

guardianship, maintenance and property rights. In addition,

section 74 of the Finance Act 1988 applies the general principle set

out in the Status of Children Act 1987 to existing revenue law.

The Government of Ireland has paid to the three applicants the sum of

thirteen thousand two hundred and twelve Irish pounds fifty pence

(including value added tax) provided for in the Court's judgment

of 18 December 1986.

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