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CASE OF ABDULAZIZ, CABALES AND BALKANDALI

Doc ref: 9214/80;9473/81;9474/81 • ECHR ID: 001-55436

Document date: April 11, 1986

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Cited paragraphs: 0
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CASE OF ABDULAZIZ, CABALES AND BALKANDALI

Doc ref: 9214/80;9473/81;9474/81 • ECHR ID: 001-55436

Document date: April 11, 1986

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 Abdulaziz, Cabales and Balkandali, delivered on

28 May 1985 and transmitted the same day to the Committee of

Ministers;

Recalling that the case had its origins in three applications against

the United Kingdom lodged with the European Commission of Human Rights

under Article 25 (art. 25) of the convention by Mrs Nargis Abdulaziz,

either stateless or a citizen of Malawi, Mrs Arcely Cabales, a citizen

of the Philippines, and Mrs Sohair Balkandali, citizen of the United

Kingdom and Colonies, claiming as persons lawfully and permanently

settled in the United Kingdom, that their husbands were refused

permission to remain with them or to join them in that country,

alleging to be the victims of a practice authorised by Parliament

incompatible with Article 3 (art. 3), Article 8 (art. 8) taken alone

and in conjunction with Article 14 and Article 13 (art. 14+8,

art. 13+8) of the Convention;

Recalling that the case had been brought before the Court by the

European Commission of Human Rights;

Whereas, in its judgment of 28 May 1985, the Court unanimously

held:

- that Article 8 (art. 8) was applicable in the present case but

that, taken alone, it had not been violated;

- that Article 14 (art. 14) was applicable in the present case;

- that Article 14 taken together with Article 8 (art. 14+8)

had been violated by reason of discrimination against each of

the applicants on the ground of sex;

- that there had been no other violation of Article 14

taken together with Article 8 (art. 14+8);

- that there had been no breach of Article 3 (art. 3);

- that there had been a violation of Article 13 (art. 13) in

regard to the complaint of discrimination on the ground of sex;

- that the United Kingdom was to pay to the applicants jointly,

for costs and expenses, the sums resulting from the calculations to be

made in accordance with paragraph 100 of the judgment;

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the convention";

Having invited the Government of the United Kingdom 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 the United Kingdom informed the Committee

of Ministers of the measures taken in consequence of the judgment,

which information is summarised at the appendix to this resolution;

Having satisfied itself that the Government of the United Kingdom has

paid the applicants the sum provided for in the judgment of the Court

of 28 May 1985,

Declares, after taking note of the information supplied by the

Government of the United Kingdom, that it has exercised its function

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

Appendix to Resolution DH (86) 2

Information provided by the Government of the United Kingdom during

the examination of the case of Abdulaziz, Cabales and Balkandali

before the Committee of Ministers

Following the judgment of the European Court of Human Rights of

28 May 1985 the Government has made changes to the Immigration Rules

to put the provisions regulating the admission of husbands and wives

seeking admission to or leave to remain in the United Kingdom on the

basis of marriage to spouses settled in the United Kingdom on the same

basis. The new provisions came into effect on 26 August 1985.

The new rules remove the difference of treatment between husbands and

wives which the Court found to be in violation of Article 14

taken with Article 8 (art. 14+8) of the European Convention. The new

rules contain a saving for section 1.5 of the Immigration Act 1971

which requires the Immigration Rules to preserve the position of wives

of Commonwealth citizens who were settled in the United Kingdom when

the 1971 Act came into force. The United Kingdom Government expect to

introduce legislation amending this transitional provision.

The new provisions in the Immigration Rules are compatible with the

European Convention. No complaint of violation can be made by reason

of the relationship between the rules and the convention. Domestic

legislation provides remedies for complaints of misapplication of the

rules.

The Government of the United Kingdom has paid to the applicants the

sums ordered to be paid by way of costs and expenses in the Court's

judgment of 28 May 1985.

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