Human rights for men

Human rights laws are likely to become more important to men seeking justice. The cost of a submission or individual initial application to the non-UK bodies is modest if you prepare it yourself - typically anything from as little as Ł20 up to Ł50 for a more complex or larger submission. The initial costs are primarily for copying of your application or submission and its associated evidence, and postage. It may be necessary to travel to a hearing at a later date, so even acting for yourself, the costs may become significant. Note that legal aid is available from the European Court of Human Rights. If your case involves matrimonial law you may be concerned that your ex-wife will be involved : this is not an issue - as your application is against the government of your country, your ex-wife and your children are not involved at all.

There are three major routes available to obtain a remedy to human rights violations in the countries identified :

	human rights convention : countries applicable	implemented by	routes available
1	European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) : applicable in most countries of Europe - see ECHR website	European Court of Human Rights of Human Rights, Strasbourg	individual applications, and groups who have common cause NB : it is possible to apply on behalf of others, such as your children
2	International Covenant on Civil and Political Rights (ICCPR) : worldwide - see UN website	United Nations High Commissioner for Human Rights, Geneva	for those in countries which have signed the Optional Protocol to ICCPR, an individual application about his case, and a submission may be made under the '1503' procedure about a 'consistent pattern of violations' i.e. a general situation in the country
3	- ditto -	- ditto -	for those in countries which have not signed the Optional Protocol, a submission may be made under the '1503' procedure about a general situation in the country

For those in most of the countries of Europe, the European Convention on Human Rights (ECHR), regulated by the European Court of Human Rights, is the most important convention, as it is accessible directly by individuals.

For many countries in the world, the United Nations (UN) International Covenant of Civil and Political Rights (ICCPR) is important. For those in countries which have ratified the Optional Protocol, the individual may apply about their own case. Others may use only the '1503' procedure, to report a 'consistent pattern of violations' i.e. a general situation - and that may be a very useful step to take.

If you wish to know whether your own country has signed the Optional Protocol to the UN ICCPR, that is, if individuals may take their cases to the UN, see the UN website.

The CG has studied and addressed these human rights laws. We present basic information about our activities and other possibilities. Further information is available under 'Info sources'.

Since 2 October 2000 it has been possible to bring argument with respect the ECHR articles in a court case in the UK. Initial indications are that the UK judges will not use this opportunity to put matters right.

We explain the basics of this and give references for further study : Human Rights Act 1998.

Hokkanen v. Finland : a father cut off from his daughter for 3 years wins 100,000 Markka (about Ł11,000) compensation. All fathers who have had no remedy to obstructed contact should apply to the European Court of Human Rights under Article 8 (respect for family life and no interference by authority), quoting this case, and asking for compensation.

Van Raalte v. The Netherlands : in The Netherlands, unmarried childless men over 45 were required to pay into a child benefit scheme, but of course women in the same situation were not required to pay. Mr Van Raalte won his case at the European Court of Human Rights under Article 1 of Protocol 1 (enjoyment of possessions) combined with Article 14 (discrimination). He did not obtain any compensation, despite obvious costs to himself. Any man who finds himself discriminated against in social security provisions should apply to ECHR under these articles.

Willis v. UK : Kevin Willis of Bristol, looking after his children after his wife died at the age of only 39, was denied widower's benefits equivalent to widow's. He won his case after the UK government chose not to contest.

Elsholz v. Germany : a story from Germany, with the usual deliberate cutting-off of a father from his son by the mother, and no action taken by the corrupt and degenerate courts. But this time the father went to Strasbourg and had 'just satisfaction' of DM35,000 (about Ł11,000), and costs of about DM12,000 (about Ł4,000). An interesting aspect of the judgement is that the Court refered to Parental Alienation Syndrome (PAS) - probably the first occasion that ECHR has done so, and clearly an encouraging sign.

We have analysed men's and women's rights in marriage and cohabitation. The result is a submission to the UN High Commissioner for Human Rights under the '1503' procedure about a 'consistent pattern of violations' i.e. general situation.

The UK government has been asked by the UN human rights authorities to respond.

We have carefully compared the differences in treatment between men and women in marriage and cohabitation. The results confirm what we have always thought. Yes, women usually gain by marriage while men are usually damaged by it.

Further, the results appear to show that the laws and social benefits of marriage are not compatible with human rights laws. We have made a submission to the United Nations (UN) High Commissioner for Human Rights in Geneva, under Article 23 (right to marry and equality of rights between spouses) and Article 7 (degrading treatment) of the International Covenant on Civil and Political Rights (ICCPR).

And here is an equivalent but updated report about men's and women's rights in marriage, in this case relating the situation to the European Convention on Human Rights :

The major human rights codes (e.g. ECHR, UN ICCPR) refer to the individual's 'right to marry [according to the national laws governing the exercise of this right]'. But without any definition of marriage, these articles are in fact quite meaningless, as the 'national laws' can be used within a country to imply any definition of marriage. In the UK, as we know, men's rights have been eliminated by stealth by the senior judges, and without any public debate. Nevertheless, within the UK, there is still an institution referred to as 'marriage'.

The submission was made entirely by email. The response to our submission, indicating the discussion forum, which now includes the submission and any debate, was :

Men in Australia and in the USA are organising class actions (legal cases from a large group of men) over matrimonial law under constitutional and/or human rights laws.

Why not take your own case under the European Convention on Human Rights to the European Court of Human Rights in Strasbourg ?

Or later under the new Human Rights Act 1998 in the UK, which may be implemented in 2000 or 2001.

If you later apply in the UK, then you have an appeal in Strasbourg : however, an application to Strasbourg is actually easier than in the UK, so it doesn't serve any purpose to wait until that is implemented.

Are you a man who has been treated unfairly ? If so, why not apply yourself ? It's not as difficult as you think, you DON'T need a lawyer, and your ex-wife and children are not involved.