Publisher Citation: [2009] All ER (D) 218 (Apr)
Court: European Court of Human Rights

Judge Garlicki (President), Judges Bratza, Bonello, Mijovic, Bjorgvinsson, Bianku and Poalelungi, and L Early (Section Registrar)

Judgment Dates: 28 April 2009


Human rights - Discrimination - Property - Social security - Widow's allowances - Applicant widower refused widow's allowances as not woman - Whether violation of applicant's Convention rights - European Convention on Human Rights, arts 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 art 14 of the European Convention on Human Rights taken in conjunction with art 1 of the First Protocol to the Convention.

If you are a LexisLibrary subscriber you can read more about this case here.