8 cases concerning discrimination between widows and widowers v the United Kingdom - 74961/01

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Notwithstanding the Court’s requests, in the cases of Murray Robert, Twomey, Turner, Mitchard, Booth and Shireby the applicants’ representatives submitted no claim under Article 41 of the Convention.

b) Individual measures

Considering that the violations found by the Court have ceased, consequent to amendments to the domestic law prior to the judgments of the Court (see General measures below), no individual measures are necessary.

II. General measures

The issues raised in the present cases are similar to those raised in the Cornwell case (application no. 36578/97, friendly settlement, judgment of 25 April 2000, final on 25 July 2000). The Committee of Ministers’ examination of that case was closed by Resolution ResDH(2002)95), in which it satisfied itself that the applicant had been paid the sums provided in the friendly settlement and that legislative amendments had been introduced in the Welfare Reform and Pensions Act 1999, primarily sections 54 and 55 thereof, granting equal treatment to widows and widowers in respect of social security benefits as from 9 April 2001 (see also Resolution ResDH(2003)130 in the Willis case and Resolution ResDH(2002)96 in the Leary case). In these circumstances, no further general measure was considered necessary.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.