PROCEDURE

The present case was referred to the Court by the European Commission of Human Rights (“the Commission“) on 21 May 1985, within the three-month period laid down by Article 32 § 1 and Article 47 (art. 32-1, art. 47) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention“). The case originated in an application (no. 9697/82) against Ireland lodged with the Commission in 1982 under Article 25 (art. 25) by Roy H.W. Johnston, an Irish citizen, Janice Williams-Johnston, a British citizen, and Nessa Williams-Johnston, their daughter, an Irish citizen.

The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby Ireland recognised the compulsory jurisdiction of the Court (Article 46) (art. 46). The request sought a decision from the Court as to the existence of violations of Articles 8, 9, 12 and 13 (art. 8, art. 9, art. 12, (art. 13) and of Article 14 (taken in conjunction with Articles 8 and 12 (art. 14+8, art. 14+12)).

In response to the enquiry made in accordance with Rule 33 § 3 (d) of the Rules of Court, Roy Johnston and Janice Williams-Johnston stated that they wished to take part in the proceedings pending before the Court, adding that their declaration was to be construed as including their daughter as the third applicant; they also designated the lawyers who would represent them (Rule 30). The Government of the United Kingdom of Great Britain and Northern Ireland, having been informed by the Registrar of their right to intervene (Article 48, paragraph (b) (art. 48-b), of the Convention and Rule 33 § 3 (b)), did not indicate any intention of so doing.

The Chamber of seven judges to be constituted included, as ex officio members, Mr. B. Walsh, the elected judge of Irish nationality (Article 43 of the Convention) (art. 43), and Mr. R. Ryssdal, the President of the Court (Rule 21 § 3 (b)). On 28 June 1985, the President drew by lot, in the presence of the Registrar, the names of the five other members, namely Mr. W. Ganshof van der Meersch, Mr. J. Cremona, Mr. G. Lagergren, Mr. F. Gölcüklü and Mr. R. Macdonald (Article 43 in fine of the Convention and Rule 21 § 4) (art. 43).

Mr. Ryssdal, who had assumed the office of President of the Chamber (Rule 21 § 5), consulted, through the Registrar, the Agent of the Irish Government (“the Government“), the Commission’s Delegate and the applicants’ representative on the necessity for a written procedure (Rule 37 § 1). Thereafter, in accordance with the Orders and directions of the President of the Chamber, the following documents were lodged at the registry:

on 31 October 1985, applicants’ memorandum setting out their claim under Article 50 (art. 50) of the Convention;

on 28 November 1985, memorial of the Government and memorial of the applicants. By letter of 31 January 1986, the Secretary to the Commission informed the Registrar that the Delegate would present his observations at the hearing.

On 24 January 1986, the Chamber decided under Rule 50 to relinquish jurisdiction forthwith in favour of the plenary Court.

After consulting, through the Registrar, the Agent of the Government, the Commission’s Delegate and the applicants’ representative, the President directed on 30 January that the oral proceedings should open on 23 June 1986.

The hearings were held in public at the Human Rights Building, Strasbourg, on 23 and 24 June 1986. Immediately before they opened, the Court had held a preparatory meeting. There appeared before the Court:

for the Government Mrs. J. Liddy, Deputy Legal Adviser, Department of Foreign Affairs, Agent, Mr. D. Gleeson, Senior Counsel, Mr. J. O’Reilly, Counsel, Counsel, Mr. M. Russell, Office of the Attorney General, Mr. P. Smyth, Department of Foreign Affairs, Advisers;

for the Commission Mr. Gaukur Jörundsson, Delegate;

for the applicants Senator M. Robinson, Senior Counsel, Dr. W. Duncan, Lecturer in Law, Counsel, Mrs. M. O’Leary, Solicitor. The Court heard addresses by Mr. Gleeson and Mr. O’Reilly for the Government, by Mr. Gaukur Jörundsson for the Commission and by Senator Robinson and Dr. Duncan for the applicants, as well as replies to questions put by the Court and one of its members.

Various documents were filed by the Government during the hearings and, at the request of the President of the Court, by the Commission on 16 June and 30 July 1986.

AS TO THE FACTS

I. THE PARTICULAR CIRCUMSTANCES OF THE CASE

The first applicant is Roy H.W. Johnston, who was born in 1930 and is a scientific research and development manager. He resides at Rathmines, Dublin, with the second applicant, Janice Williams-Johnston, who was born in 1938; she is a school-teacher by profession and used to work as director of a play-group in Dublin, but has been unemployed since 1985. The third applicant is their daughter, Nessa Doreen Williams-Johnston, who was born in 1978.

The first applicant married a Miss M in 1952 in a Church of Ireland ceremony. Three children were born of this marriage, in 1956, 1959 and 1965. In 1965, it became clear to both parties that the marriage had irretrievably broken down and they decided to live separately at different levels in the family house. Several years later both of them, with the other’s knowledge and consent, formed relationships and began to live with third parties. By mutual agreement, the two couples resided in self-contained flats in the house until 1976, when Roy Johnston’s wife moved elsewhere. In 1978, the second applicant, with whom Roy Johnston had been living since 1971, gave birth to Nessa. He consented to his name being included in the Register of Births as the father (see paragraph 26 below).

Under the Constitution of Ireland (see paragraphs 16-17 below), the first applicant is unable to obtain, in Ireland, a dissolution of his marriage to enable him to marry the second applicant. He has taken the following steps to regularise his relationship with her and with his wife and to make proper provision for his dependents. (a) With his wife’s consent, he has consulted solicitors in Dublin and in London as to the possibility of obtaining a dissolution of the marriage outside Ireland. His London solicitors advised that, in the absence of residence within the jurisdiction of the English courts, he would not be able to do so in England, and the matter has therefore not been pursued (see also paragraphs 19-21 below). (b) On 19 September 1982, he concluded a formal separation agreement with his wife, recording an agreement implemented some years earlier. She received a lump-sum of IR£8,800 and provision was made for maintenance of the remaining dependent child of the marriage. The parties also mutually renounced their succession rights over each other’s estates. (c) He has made a will leaving his house to the second applicant for life with remainder over to his four children as tenants in common, one half of the residue of his estate to the second applicant, and the other half to his four children in equal shares. (d) He has supported the third applicant throughout her life and has acted in all respects as a caring father. (e) He contributed towards the maintenance of his wife until the conclusion of the aforementioned separation agreement and has supported the three children of his marriage during their dependency. (f) The second applicant has been nominated as beneficiary under the pension scheme attached to his employment. (g) He has taken out health insurance in the names of the second and third applicants, as members of his family.

The second applicant, who is largely dependent on the first applicant for her support and maintenance, is concerned at the lack of security provided by her present legal status, in particular the absence of any legal right to be maintained by him and of any potential rights of succession in the event of intestacy (see also paragraph 23 below). As is permitted by law, she has adopted the first applicant’s surname, which she uses amongst friends and neighbours, but for business purposes continues to use the name Williams. According to her, she has felt inhibited about telling employers of her domestic circumstances and although she would like to become an Irish citizen by naturalisation, she has been reluctant to make an application, not wishing to put those circumstances in issue.

The third applicant has, under Irish law, the legal situation of an illegitimate child and her parents are concerned at the lack of any means by which she can, even with their consent, be recognised as their child with full rights of support and succession in relation to them (see paragraphs 30-32 below). They are also concerned about the possibility of a stigma attaching to her by virtue of her legal situation, especially when she is attending school.

The first and second applicants state that although they have not practised any formal religion for some time, they have recently joined the Religious Society of Friends (the Quakers) in Dublin. This decision was influenced in part by their concern that the third applicant receives a Christian upbringing.