PROCEDURE

The cases originated in two applications (nos. 42949/98 and 53134/99) 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 two British nationals, Mr George Runkee and Mr Brian White (“the first and second applicants”), on 20 July 1998 and 4 October 1999 respectively.

The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office, London. The applicants were represented by Mr S. Right, Legal Officer of the Child Poverty Action Group.

The applicants complained that, as men, they were not entitled to receive widows' benefits, including Widow's Pension, equivalent to those available to comparable bereaved women.

By decisions dated 7 June 2001 and 4 April 2002, respectively, the Court declared the applications admissible. On 9 September 2003 the applications were adjourned pending the conclusion of related domestic proceedings (see paragraphs 22-24 below). On 18 May 2005 the Court invited the parties to submit observations on the merits.

The Government and the applicants requested a hearing on the merits, but the Court decided that it would not be necessary.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASES

The facts of each case, as submitted by the parties, may be summarised as follows.

A. Mr Runkee

Mr Runkee was born in 1938 and lives in Hull.

He married in 1964. He and his wife had three children, born in 1965, 1966 and 1974. On 15 March 1998 his wife died. She had worked full time for eight years until becoming pregnant and had made full social security contributions.

The applicant notified the Benefits Agency of his wife's death and of his intention to claim “widowers' benefits” on 31 March 1998. By a letter dated 16 April 1998, the Benefits Agency informed the applicant that because he was not a woman he was not entitled to widow's benefits. The applicant lodged a statutory appeal against this decision on 1 May 1998, but abandoned it when advised that the appeal was bound to fail.

At the time of his application to the Court, Mr Runkee was in receipt of means-tested statutory benefits, including Income Support and Housing and Council Tax Benefits. Were he a woman, his entitlement to Widow's Pension would have been offset against these benefits, to the extent that, in his present circumstances, he would have received no additional money in respect of Widow's Pension.

B. Mr White

Mr White is a United Kingdom national, born in 1942 and living in Warrington.

He married in 1960. He and his wife had two children, one of whom was adopted and born in 1955, the other of whom was born in 1968.

On 8 March 1999 his wife died. She had worked until the birth of her son in 1968 and had made reduced social security contributions.

The applicant notified the Benefits Agency of his wife's death and of his intention to claim “widowers' benefits” on 10 March 1999. On 21 June and 8 September 1999, Angela Eagle, a Minister from the Department of Social Security, wrote to the applicant's Member of Parliament confirming that as a man he was not entitled to claim widows' benefits.