PROCEDURE

The case originated in an application (no. 63479/00) 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 Grattan Bond (“the applicant”) on 2 November 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 that the United Kingdom authorities’ refusal to grant him widows’ social security and tax benefits or equivalent constituted discrimination on grounds of sex contrary to Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1.

By a decision of 8 October 2002 the Court decided to communicate the complaint in connection with his claim for widows’ benefits, relating to discrimination suffered by him during the period after the date on which he lodged his “second” claim for widows’ benefits and his claim for Bereavement Tax Allowance. It declared the remainder of the application inadmissible. Under the provisions of Article 29 § 3 of the Convention, it subsequently decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1953 and lives in Merseyside.

His wife died on 4 November 1997, leaving one child born in 1992. His second claim for widows’ benefits was made in May 2000 and was rejected on 26 May 2000 on the ground that he was not entitled to widows’ benefits because he was not a woman. After asking for reconsideration, the decision was again confirmed on 13 June 2000. The applicant appealed to the Social Security Tribunal which on 2 October 2000 confirmed the previous decision. 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 benefits were payable to widowers under United Kingdom law.

On 1 November 2000 the applicant applied to the Inland Revenue, requesting an allowance equivalent to that received by a widow, namely Widow’s Bereavement Allowance (“WBA”) for the years 1997/8 and 1998/9. On 14 November 2000 the Inland Revenue informed him that he was ineligible for WBA as he was not a woman. 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 benefits were payable to widowers under United Kingdom law.