Resolution CM/ResDH(2009)41

Execution of the judgments of the European Court of Human Rights 
17 cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits against the United Kingdom

(see details in Appendix)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the applicants’ admissible complaints in these cases concerned the fact that as widowers they were not entitled to widow's social security benefits (complaints under Article 8, 14 and Article 1 of Protocol No. 1);

Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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, friendly settlement or solution of the matter; 

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided in the friendly settlement and that no other measure was required in these cases to comply with the Court’s judgment;

Having examined the information supplied by the government of the United Kingdom, 

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and 

DECIDES to close their examination.

Appendix to Resolution CM/ResDH(2009)41

Information about the measures to comply with the judgments in 17 cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits against the United Kingdom

Details of payments 

Name and application No.	Date of judgment	Pecuniary damage	Costs and expenses	Total	
CAIRNEY 45773/99	20/11/2007	4 729,91 GBP	-	4 729,91 GBP	
	Paid on 09/01/2006	
COLE 
60933/00	23/05/2006	16 380,93 GBP	-	16 380,93 GBP	
	Paid on 16/09/2005	
CORCORAN and others
60525/00+	06/02/2007	22 235,55 GBP	4 494,61 GBP	26 730,16 GBP	
	Paid on 16/09/2005	
CREW 
61928/00	09/01/2007	5 817,53 GBP	-	5 817,53 GBP	
	Paid on 19/08/2005	
DAVIS and others
60946/00+	06/02/2007	26 058,59 GBP	6 282,68 GBP	32 341,27 GBP	
	Paid on 09/12/2005	
DOBB 
63388/00	20/11/2007	-	10,00 GBP	10,00 GBP	
	Paid on 17/09/2007	
DONOVAN 
63466/00	06/03/2007	4 410,69 GBP	1 935,65 GBP	6 346,34 GBP	
	Paid on 12/06/2006	
GAMBLE 
68056/01	09/01/2007	5 849,55 GBP	2 075,04 GBP	7 924,59 GBP	
	Paid on 04/04/2006	
GREENHALGH 
61956/00	05/09/2006	3 888,59 GBP	-	3 888,59 GBP	
	Paid on 19/09/2006	
HANCOCK and others
63470/00+	06/03/2007	60 864.80 GBP
(global sum)	-	60 496.45 GBP	
	Paid within the time-limit	
HART and others
61019/00+	06/02/2007	44 197.21 GBP
(global sum)	- 	43 948.56 GBP	
	Paid within the time-limit	
HYDE 
63287/00	05/09/2006	8 703,53 GBP	-	8 703,53 GBP	
	Paid on 01/06/2006	
MCWILLIAMS 
53738/00	09/10/2007	-	-	7 035,56 GBP	
	Paid within the time-limit	
OLIVER and BRITTEN
61604/00+	25/04/2006	36 009,72 GBP	-	36 009,72 GBP	
	Paid on 26/09/2005	
RATHFELDER 
63507/00	09/01/2007	23 433,88 GBP	-	23 433,88 GBP	
	Paid on 26/09/2005	
SINCLAIR 
68621/01	09/10/2007	8 611,41 GBP	1 740,6 GBP	10 352,01 GBP	
	Paid on 26/09/2005	
TERRILL and others
60469/00+	16/01/2007	59 440,01 GBP	10 070,31 GBP	69 510,32 GBP	
	Paid on 03/10/2005