In any description of men's rights and their equitable treatment within society, the issue of human rights violations occurs. The most important conventions that cover this are the United Nations (UN) International Covenant on Civil and Political Rights (ICCPR) and, for those living in Europe, the European Convention on Human Rights (formally the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms). This latter has much more significance, as the individual may apply (under Article 34) directly to the European Court of Human Rights in Strasbourg.
A brief study of the European Convention on Human Rights informs everyone immediately that men's human rights are being violated on a large scale, and under a number of areas, and in particular we may identify the most important Articles in the European Convention :
Current applications to Strasbourg
The UKMM has monitored applications to Strasbourg. By October 1998 there were 18 known cases (and probably other cases not made known to us) concerning matrimonial and family law as well as social and financial policy.
All of these cases, for which decisions are known, have been turned down (the technical phrase being 'declared inadmissible') by the Commission/Court. Almost unbelievably, they have also refused to give reasons for their decisions, despite the Convention and Rules of Court requiring them to do that. Convention Article 45 and Rules of Court 49(3)(b) and 74(1)(b) require that 'reasons will be given' for judgements and all decisions of the Court. (Please note that the new Court replaced the Commission/Court from 1st November 1998, with new 'Rules of Court' to define procedures etc.).
In November 1999 there were 11 outstanding cases known to us
The applications, already at, or intending to apply to, the European Court of Human Rights from men against the UK :
a UKMM member has applied about the unfair allocation of Child Benefit between fathers and mothers, under Articles 1 of Protocol 1 combined with Article 14;
another UKMM member is challenging the treatment of himself in divorce as 'degrading' in terms of Article 3, and his 'right to marry' in terms compatible with Article 12;
another intends to apply under European Union law or to ECHR, about discrimination between men and women in European Union law on social security laws, concerning the additional Job Seeker's Allowance which applies for children, which is dependent on the allocation of Child Benefit;
two from Families Need Father (FNF) members are concerned with the secrecy of family law court proceedings, under Article6(1);
another from a UKMM member in Scotland is concerned with the rights over children of unmarried fathers compared with unmarried mothers;
two more independent applications are concerned with a total of 4 social security benefits available to men but not to women;
another application, from a member of the Parity organisation - which is concerned with unequal state pension ages and all the consequent discrimination that implies, about the availability of discount bus passes available to women aged over 60 but not men until they are aged 65;
another organisation, the Campaign for Justice in Divorce (CJD), have applied on behalf of a father in Portsmouth concerning the effective payment by ex-husbands of benefits to ex-wives under Child Support Act 1991 rules; the rules effectively require a man to support his ex-wife even after she has abandoned him - the 'ex-wife maintenance' element of the Child Support Act formula;
and another is concerned with the imprisonment of a father because he committed the offence of waving to his children (no kidding - we're serious).
The two cases covering 4 social security provisions, involving discrimination against men or fathers :
Further applications in progress
In addition to these applications to Strasbourg, further cases concerning discrimination against men in two separate social security provisions are being progressed :
John Taylor, a Parity member living in North Yorkshire, is taking his case to the European Court of Justice : men on a pension aged 60-64 receive an unequal allocation of winter fuel payments compared with women of the same age. The European Court has now supported this on 23 Sept 1999, and we await the outcome with the UK government.
another Parity member has commenced procedings with the Social Security Commissioner, with a view to taking his case forward to a European court : men aged 60-64 have their unemployment benefit (job seekers allowance) reduced for any income, including a private pension, which is above �35 pw, the reduction being on a � per � basis; the reduction does not apply to women in the same situation.
Can the judges in Strasbourg and the European Court of Justice ignore or reject all of these applications ?
Please watch this space for reports on the outcomes.
Wednesday 16 November 1998 : UK Government announces in the House on Commons that widowers
will receive the same benefits as widows. The media reports indicated that the UK were
likely to lose the Kevin Willis case (see above) at ECHR and that this was a major factor
forcing the Government to act.
UKMM will provide advice and encouragement, and possible financial assistance, to any man wishing to take his case, or a group of cases, to the European Court of Human Rights, Strasbourg. It's not difficult, you don't need a solicitor, and it's not expensive. You may wish to look initially at information we also provide on this site :
Take your own case to the European Court of Human Rights, Strasbourg
Consider use of the UK's Human Rights Act 1998
European Court of Human Rights website (off-site link)
Please contact us about this.