Class Action - Discussion Paper

from the Cheltenham Group, 29 November 1998

This Discussion Paper is intended for distribution to men’s and father’s groups both in the UK and internationally.

It is distributed in hardcopy, and as an email with 2 attachments (both in MS Word 7.0 format - other formats available on request), which are :

1. this paper, suitable for printing and copying, to distribute in hardcopy form;

2. a supporting paper which outlines the basis of possible class actions.

PLEASE ASSIST BY FORWARDING the address of :

Class Action against Matrimonial and Family Law  - Overview

to all those groups in the UK and internationally, and all affected individuals known to you. Please use hardcopy of this and the supporting paper for individuals not on the Net. We need to use the pyramid or fan-out technique to reach all men who may find this of interest.

Introduction and background

Many men internationally are aware of the abuse and human rights violations of men under matrimonial and family law throughout the Western World - especially Europe, North America and Australia/New Zealand. Our cause is to re-instate men’s legal rights within the family.

We know of at least two groups who have started the process of facilitating a class action against their government and/or authorities responsible for matrimonial and family law :

• the Australian men’s group Lone Fathers Association of Australia (LFAA) - website www.netspace.net.au/~lfaavic/html/body_class_action.htm;

• and the USA men’s group We The People (WTP) - website www.wevote.com.

Our initial thoughts are given below, and in the associated paper Possible class actions on the treatment of men in matrimonial and family law, outlining some possible actions.

Our perspective is that such a project may lead to :

• significant publicity;

• more interest from men adversely affected by matrimonial law;

• ultimately a decision in our favour, with :

• compensation for the men affected

• substantive change in national laws.

International co-ordination

It will be essential for national groups to progress class actions in their own country against their own laws. However international co-ordination, with simultaneous action(s) would be preferable, and may have a greater impact in the media and with national authorities in each country.

Human rights and constitutional laws

Most Western World countries will have ratified the United Nations (UN) human rights conventions. The most important may be the UN International Convention on Civil and Political Rights (UN ICCPR). In Europe, the European Convention on Human Rights (ECHR) is also available. Some constitutional laws could perhaps be addressed.

We will need to look into, nationally and internationally, those human rights or constitutional laws which we know are being violated, and to assess which will provide the strongest case(s) for our class action(s). In order to select those individual men, with suitable cases, who will make up the group to take part in the class action(s), individual cases will need to be selected, or self-selected.

As an example, a strong case could be made for a violation of UN ICCPR Article 23(4), which guarantees equality of rights and responsibilities of spouses during marriage and at its dissolution. The group which applies would consist of those men divorced using fabricated divorce allegations, that is without substantive wrongdoing being proved in court, yet obtaining less than equal rights and responsibilities than their wives, with loss of their home, children, life savings and future income.

This website gives information on application to ECHR.

It may be preferable to launch two or more class actions, under separate laws and from separate groups of men.

Funding

We do not underestimate the funding requirements for class action(s).

The most promising approach would seem to be that taken by We The People (WTP) in the USA. This involves :

• asking those individuals, who appear to have valid cases, to initially register themselves at no commitment, and no cost or minimal cost;

• decide the legal basis of an application, and determine costs;

• then ask for those registered to commit themselves to take part, and ask for a contribution, depending on numbers, of perhaps £10-£30 or $20-$50.

We may be able to find sponsor(s). We ask if any countries have legal aid funds which could be used. The European Court of Human Rights can provide legal aid after an application is initially accepted. This gives the slight possibility that a small class action could be used to request funds for a larger action. The CG will investigate this possibility.

Issues to be resolved

We need to resolve certain issues :

• to select the law or laws under which a group may bring a class action to a court;

• decide the basis of our action(s);

• request individuals to register their name, address, and brief information to ensure their case is valid;

• organise funding.

Plan of campaign (basics)

We need to :

1. obtain best legal advice;

2. select our legal case or cases;

3. ensure that many men join with us, and register their interest;

4. raise funds;

5. ensure those registered are valid cases;

6. engage assistance, possibly from lawyers;

7. generate media interest;

8. make application.

Groups and individuals : obtaining your views

We need to resolve the issues above, and determine our plan of campaign.

Initially we are canvassing views of individuals and groups internationally. In particular :

• is your country a signatory to the UN conventions ? (we know that most of Europe, the USA and Australia/New Zealand are UN signatories) any other conventions or constitutional laws which could be addressed ?

• which human rights or constitutional laws should we address ?

• are you aware of any legal aid or funding available in your country ?

• what is the best approach to get those men affected by matrimonial laws interested in taking part in a class action ?

• how to obtain funding ? with a small contribution from each man ?

• does a co-ordinated international approach help our cause ?

UK individuals : to register to take part in a UK class action

If you have been adversely affected by matrimonial and family law, please send your name, address and phone/fax/email, and a very brief description of your losses, to the address below.

There is no cost for an initial registration of yourself at this time. As the legal case will be against the Government and/or authorities, your children and your ‘ex’ will not be involved.

Barry Worrall

Director, Cheltenham Group

date: 29 November 1998

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