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FOURTH
SECTION
CASE OF TURNER v. THE UNITED KINGDOM
(Application
no. 42709/02)
JUDGMENT
STRASBOURG
3 February
2009
This
judgment will become final in the circumstances set out in Article 44
§ 2 of the Convention. It may be subject to editorial
revision.
In the case of Turner v. the United Kingdom,
The
European Court of Human Rights (Fourth Section), sitting as a Chamber
composed of:
Lech Garlicki, President,
Nicolas
Bratza,
Giovanni Bonello,
Ljiljana
Mijović,
David Thór Björgvinsson,
Ledi
Bianku,
Mihai Poalelungi, judges,
and
Lawrence Early,
Section Registrar,
Having
deliberated in private on 13 January 2009,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application (no. 42709/02) against the United
Kingdom of Great Britain and Northern Ireland lodged with the Court
under Article 34 of the Convention for the Protection of Human Rights
and Fundamental Freedoms (“the Convention”) by a British
national, Mr John Turner (“the applicant”), on 18 March
2002.
- The
applicant was represented by Royds Rdw, solicitors in London. The
United Kingdom Government (“the Government”) were
represented by their Agent, Mr C. Whomersley of the Foreign and
Commonwealth Office, London.
- The
applicant complained under Articles 8 and 14 of the Convention and
Article 1 of Protocol No. 1 that, because he was a man, he was denied
social security benefits equivalent to those received by widows.
- On
4 November 2003 the Court decided to communicate the complaints
concerning widows' benefits relating to the period after the date on
which the applicant lodged his relevant claim and declared the
remainder of the application inadmissible. Subsequently, it was
decided to examine the merits of the application at the same time as
its admissibility.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
- The
applicant was born in 1954 and lives in Liverpool.
- His
wife died on 3 February 2001 leaving dependent children. His claim
for widows' benefits under the new scheme was made on 30 April 2001
and was rejected on 9 May 2001 on the ground that his wife died
before 9 April 2001. The applicant applied for reconsideration and on
30 May 2001 he was informed that the decision remained
unchanged. This decision was confirmed by an appeal tribunal on 20
October 2001. The applicant did not appeal further as he considered
or was advised that such a remedy would be bound to fail since no
such social security benefits were payable to widowers under United
Kingdom law.
- On
6 June 2001 the applicant was awarded Widowed Parent's Allowance from
and including 10 April 2001.
II. RELEVANT DOMESTIC LAW AND PRACTICE
- The
relevant domestic law and practice are described in the Court's
judgment in the case of Willis v. the United Kingdom, no.
36042/97, §§ 14 26, ECHR 2002-IV.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION TAKEN IN
CONJUNCTION WITH ARTICLE 1 OF PROTOCOL NO. 1 AND/OR ARTICLE 8 OF
THE CONVENTION
- The
applicant complained that the United Kingdom authorities' refusal to
pay him the social security benefit to which he would have been
entitled had he been a woman in a similar position, namely Widowed
Mother's Allowance (“WMA”) and Widow's Pension (“WP”),
constituted discrimination against him on grounds of sex contrary to
Article 14 of the Convention taken in conjunction with Article 1 of
Protocol No. 1 and/or Article 8 of the Convention.
Article
14 of the Convention provides:
“The enjoyment of the rights and freedoms set
forth in this Convention shall be secured without discrimination on
any ground such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
Article
1 of Protocol No. 1 provides:
“1. Every natural or legal person is
entitled to the peaceful enjoyment of his possessions. No one shall
be deprived of his possessions except in the public interest and
subject to the conditions provided for by law and by the general
principles of international law.
2. The preceding provisions shall not,
however, in any way impair the right of a State to enforce such laws
as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other
contributions or penalties.”
Article
8 provides (as relevant):
“1. Everyone has the right to respect
for his private and family life...
2. There shall be no interference by a public
authority with the exercise of this right except such as is in
accordance with the law and is necessary in a democratic society in
the interests of ... the economic well-being of the country...”
A. The Government's preliminary objection
- The
Government submitted that since the applicant's first letter to the
Court had not been in accordance with Rule 47 § 1 of the Rules
of Court, the application had been lodged more than six months from
the date on which the final decision was taken and should therefore
be declared inadmissible.
- The Court recalls that in accordance with Rule 47 §
5 of the Rules of Court, the date of introduction of the application
is as a general rule considered to be the date of the first
communication from the applicant setting out, even summarily, the
object of the application (see Calleja v. Malta, (dec.),
no. 75274/01, 18 March 2004).
- The
Court observes that the applicant's representative lodged a number of
cases with the Court regarding complaints relating to the various
types of widow's benefits and therefore the same subject matter.
In his covering letter,
the applicant's representative described these cases as a “group
application for widowers seeking equal entitlement to State
bereavement benefits”. Although he did not individualise
the nature of the complaints of each applicant, it was clear for the
Court that they all wished to contest their non-entitlement under
Articles 8, 14 and 1 of Protocol No. 1. The representative
subsequently submitted follow-up schedules including, on 20 October
2001, a schedule giving details of the applicant in the instant
case. The Court took as the date of introduction of each
application the date on which the relevant schedule relating to
a particular applicant was submitted. The Court
therefore considers that, in the circumstances of the present case
and as accepted in all grouped widowers' cases filed by the
applicant's legal representative, the schedules as submitted suffice
to be regarded as the applicant's first letter for the purposes of
Article 35 § 1 of the Convention.
- Consequently,
since the applicant's first letter is dated 18 March 2002 and the
final decision in his case is dated 20 October 2001, the application
has not been lodged outside the six-month period. The Government's
objection is therefore dismissed.
B. Widowed Mother's Allowance in respect of the period
prior to the grant of Widowed Parent's Allowance
- Although
the applicant claimed benefits under the new scheme and made
reference to Widowed Parent's Allowance, his claim in effect refers
to the alleged discriminatory treatment resulting from the payment to
widows of the relevant benefits under the system in place before 9
April 2001.
1. Admissibility
- The
Court finds that the complaint is not manifestly ill-founded within
the meaning of Article 35 § 3 of the Convention, or inadmissible
on any other grounds. It must therefore be declared admissible.
2. Merits
- The
Court has previously examined cases raising issues similar to those
in the present case and found a violation of Article 14 of the
Convention taken in conjunction with Article 1 of Protocol No. 1 (see
Willis, cited above, §§ 41-43).
- The
Court has examined the present case and finds that there are no facts
or arguments from the Government which would lead to any different
conclusion in this instance. Therefore the Court considers that the
difference in treatment between men and women as regards entitlement
to WMA, of which the applicant was a victim, was not based on any
“objective and reasonable justification” (see Willis,
cited above, § 42).
- There
has accordingly been a violation of Article 14 of the Convention
taken in conjunction with Article 1 of Protocol No. 1 in relation to
the period at issue.
- The
Court, having concluded that there has been a breach of Article 14
of the Convention taken in conjunction with Article 1 of Protocol No.
1 as regards the applicant's non-entitlement to WMA, does not
consider it necessary to examine his complaints in that regard under
Article 14 taken in conjunction with Article 8.
C. Widow's Pension
Admissibility
- The
Court held in its lead judgment regarding WP that at its origin, and
until its abolition in respect of women whose spouses died after 9
April 2001, WP was intended to correct “factual inequalities”
between older widows, as a group, and the rest of the population and
that this difference in treatment was reasonably and objectively
justified. Moreover, the Court considered that the United Kingdom
could not be criticised for not having abolished WP earlier and that
it was not unreasonable of the legislature to decide to introduce the
reform slowly (see Runkee and White v. the United Kingdom, no.
42949/98, §§ 40-41, 25 July 2007). The Court, consequently,
considering it was not necessary to examine separately the complaint
in respect of Article 8, did not find a violation of Article 14 taken
in conjunction with Article 1 of Protocol No. 1 in respect of the
non-payment to the applicants of Widow's Pension or equivalent (ibid
§ 42).
- Consequently,
the complaint is manifestly ill-founded and must be rejected in
accordance with Article 35 §§ 3 and 4 of the Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
- Article 41 of the Convention provides:
“If the Court finds that there has been a
violation of the Convention or the Protocols thereto, and if the
internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford
just satisfaction to the injured party.”
- Notwithstanding the Court's requests dated 26
September 2008, 29 September 2008 and 16 October 2008, the
applicant's representatives did not submit a claim under Article 41
of the Convention.
FOR THESE REASONS, THE COURT UNANIMOUSLY
- Decides to declare admissible the complaint
relating to the applicant's non-entitlement to a Widowed Mother's
Allowance and inadmissible the remainder of the application;
- Holds that there has been a violation of Article
14 of the Convention taken in conjunction with Article 1 of Protocol
No. 1 concerning the applicant's non-entitlement to a Widowed
Mother's Allowance;
- Holds that it is not necessary to examine
separately the complaint under Article 14 in conjunction with Article
8 of the Convention as concerns the applicant's non-entitlement to a
Widowed Mother's Allowance.
Done in English, and notified in writing on 3 February 2009, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Lawrence Early Lech
Garlicki
Registrar President
