Publisher Citation: [2009] All ER (D) 81 (Jan)
Court: European Court of Human Rights
Judge:

Judge Garlicki (President), Judges Bratza, Bonello, Mijovic, Thor Bjorgvinsson, Bianku and Poalelungi, and L Early (Section Registrar)
Judgment Dates: 13 January 2009

Catchwords

Human rights - Discrimination - Privacy - Property - Social security - Widow's allowances - Applicant widower refused widow's allowances as not a woman - Whether violation of applicant's Convention rights - European Convention on Human Rights, arts 8, 14, First Protocol, art 1.

The Case

Human rights Discrimination. European Court of Human Rights: The difference in treatment between men and women as regards entitlement to Widow's Payment and Widowed Mother's Allowance, of which the applicant was a victim, was not based on any objective and reasonable justification. Accordingly, by refusing the applicant such benefits, there had been a violation of art14 of the European Convention on Human Rights taken in conjunction with art1 of the First Protocol to the Convention.

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