PROCEDURE

The case originated in an application (no. 61392/00) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Mr Joseph Fallon (“the applicant”) on 5 September 2000.

The applicant was represented before the Court by Pierce Glynn Solicitors, London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office, London.

The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows.

By a partial decision of 10 October 2001 the Court decided to communicate the complaints concerning widows' benefits and declared the remainder of the application inadmissible. By a decision of 8 April 2003 the Court declared the complaint regarding Widowed Mother's Allowance admissible and the remainder of the application inadmissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1953 and lives in Dorset.

His wife died on 13 July 1999, leaving four children born in 1981, 1983, 1991 and 1999. His claim for widows' benefits was made in May 2000 and was rejected on 16 May 2000 on the ground that he was not entitled to widows' benefits because he was not a woman. The applicant did not appeal as he considered or was advised that such a remedy would be bound to fail since no such social security benefits were payable to widowers under United Kingdom law.