Auszug aus EGMR, 04.11.2003 - 61604/00

66293/01, 67120/01, 68056/01 and 68621/01 also invoke Article 13 of the Convention.

66293/01, 67120/01 and 12895/02 make the same complaint in respect of lack of provision for bereavement tax allowance for men under British tax legislation.

68056/01 and 68621/01 make the same complaint in respect of lack of provision of both widowers" benefits and bereavement tax allowance.

61956/00 and 68056/01 complain about non-payment of widow's payment and widowed mother's allowance, the latter from the date of bereavement.

66293/01, 67120/01, 68621/01 and 12895/02 about non-payment of the allowance against income tax which would have been payable to women in their situation.

The Government contest the admissibility of the claim by the applicant in application no. 68056/01, as he did not make a claim for the tax allowance about which he complained and so could not claim to be a victim of discrimination for the purposes of the Convention.

61604/00, 61956/00, 68056/01, 68452/01 and 68621/01 complain that similarly situated women would at some point in the future become entitled to a widow's pension.

66293/01, 67120/01, 68056/01 and 68621/01 also invoke Article 13 of the Convention.

Declares inadmissible the complaint of the applicant in application no. 68056/01 about non-payment of bereavement tax allowance;.

67120/01.

68056/01.

Auszug aus EGMR, 04.11.2003 - 61604/00

Following the Court's judgment in Willis v. the United Kingdom (no. 36042/97, ECHR 2002-IV), they observe that even if the applicants were women and the discrimination of which they complain was thus removed, they would not qualify for a widow's pension under the conditions set out in the 1992 Act for some years hence and might never qualify due to the effect of other statutory conditions.

The Court recalls that Article 13 does not go so far as to guarantee a remedy allowing a Contracting State's primary legislation to be challenged before a national authority on grounds that it is contrary to the Convention (see, for example, Willis v. the United Kingdom, no. 36042/97, § 62, ECHR 2002-IV).