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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Peter MCGILL v the United Kingdom - 36229/02 [2008] ECHR 262 (11 March 2008) URL: http://www.bailii.org/eu/cases/ECHR/2008/262.html Cite as: [2008] ECHR 262 |
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FOURTH SECTION
FINAL DECISION
AS TO THE ADMISSIBILITY OF
Application no.
36229/02
by Peter MCGILL
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 11 March 2008 as a Chamber composed of:
Lech
Garlicki,
President,
Nicolas
Bratza,
Giovanni
Bonello,
Stanislav
Pavlovschi,
Ljiljana
Mijović,
David
Thór Björgvinsson,
Ledi
Bianku, judges,
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 20 September 2002,
Having regard to the partial decision of 6 May 2003,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Peter McGill, is a British national who was born in 1947 and lives in Corby. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office.
A. The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant’s wife died on 26 November 1995. On 28 February 2002 the applicant applied for widows’ benefits. On 19 April 2002 the applicant was informed that his claim had been disallowed as he was not a woman. By a letter of 13 May 2002 the applicant appealed but the appeal was eventually stayed.
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 benefit was payable to widowers under United Kingdom law.
B. Relevant domestic law
The domestic law relevant to this application is set out in Runkee and White v. the United Kingdom, no. 42949/98, §§ 40-41, 25 July 2007.
COMPLAINT
The applicant complained that British social security legislation discriminated against him on grounds of sex, in breach of Article 14 of the Convention taken in conjunction with both Article 8 of the Convention and Article 1 of Protocol No. 1.
THE LAW
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.
For these reasons, the Court unanimously
Decides to declare inadmissible the remainder of the application.
Lawrence Early Lech Garlicki
Registrar President