Matthews v United Kingdom

Last updated

Matthews v United Kingdom is a human rights case (18 February 1999) on the right to vote, under the European Convention on Human Rights.

Contents

Gibraltarians, although EU citizens under the British Treaty of Accession, were unable to vote in elections for the European Parliament. Gibraltar is bound by EU laws and has implemented EU legislation fully and promptly, but Gibraltarians and other EU nationals resident in Gibraltar had been denied the vote in elections to the European Parliament. The reason given was that the British Government had failed to make the necessary legal arrangements and declined to do so.

In 1998 Lord Bethell moved an amendment to the European Parliamentary Elections Bill in the House of Lords, to make a provision for the right to vote for residents of Gibraltar, but it was defeated by the Labour Government, supported by the Liberal Democrats.

The Gibraltar Self-Determination Group (SDGG) took the case to the European Court of Human Rights, and won a landmark decision.

The applicant, Denise Matthews, is a British citizen and resident of Gibraltar. In April 1994 she applied to be registered as a voter in the elections to the European Parliament. She was told that under the terms of the EC Act on Direct Elections of 1976 Gibraltar was not included in the franchise for those elections.

The applicant claimed that the absence of elections in Gibraltar to the European Parliament was in violation of her right to participate in elections to choose the legislature under Article 3 of Protocol No. 1. She also alleged a violation of Article 14 on the ground that she was entitled to vote in European Parliament elections anywhere in the European Union where she lived except in Gibraltar. It was common ground that Article 3 of Protocol No. 1 applied in Gibraltar. [1]

As a consequence of this decision in 1999 and after consultation by the Electoral Commission, Gibraltar was included in the South West England constituency for the European Parliament election in 2004.

Spain took a complaint about Gibraltar participating in EU elections to the European Court of Justice, the European Union's high court, but this was unsuccessful. [2]

See also

Related Research Articles

<span class="mw-page-title-main">European Convention on Human Rights</span> International treaty to protect human rights and fundamental freedoms in Europe

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.

<span class="mw-page-title-main">Politics of Gibraltar</span> Political system of the British Overseas Territory of Gibraltar

The politics of Gibraltar takes place within a framework of a parliamentary representative democratic British Overseas Territory, whereby the Monarch of the United Kingdom is the constitutional head of state represented by the Governor of Gibraltar. The Chief Minister of Gibraltar is the head of Government. As a British Overseas Territory, the Government of Gibraltar is not subordinate to the Government of the United Kingdom. The British Government, however, is responsible for defence and external affairs but Gibraltar has full internal self-government under its 2006 Constitution.

<span class="mw-page-title-main">European Court of Human Rights</span> Supranational court established by the Council of Europe

The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.

<span class="mw-page-title-main">Culture of Gibraltar</span> Overview of the culture in Gibraltar

The culture of Gibraltar reflects Gibraltarians' diverse origins. While there are Spanish and British influences, a result of the territory's status as a British overseas territory and its proximity to Spain, the ethnic origins of most Gibraltarians are a mix of Andalusian Spaniards, Genoese, Maltese, Portuguese and British. The main religion is Christianity, the majority group being the Roman Catholic Church, then the Church of England. There is a long established Sephardic Jewish community, a number of Hindu Indians and a Moroccan Muslim population. Gibraltarians of Genoese origin came to The Rock in the 18th century, with the Maltese and Portuguese following in the 19th century, coming to work and trade in the British military base. Spanish Andalusian origins are the result of generations of intermarriage with inhabitants of surrounding towns.

<span class="mw-page-title-main">Charter of Fundamental Rights of the European Union</span> Group of rights of the European Union

The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.

<span class="mw-page-title-main">2004 European Parliament election in the United Kingdom</span> Election

The 2004 European Parliament election was the United Kingdom's part of the wider 2004 European Parliament election which was held between 10 and 13 June 2004 in the 25 member states of the European Union. The United Kingdom's part of this election was held on Thursday 10 June 2004. The election also coincided with the 2004 local elections and the London Assembly and mayoral elections. In total, 78 Members of the European Parliament were elected from the United Kingdom using proportional representation.

<span class="mw-page-title-main">2004 European Parliament election in Gibraltar</span>

European Parliament elections were held for the first time in Gibraltar on 10 June 2004 as part of European Union-wide elections. Although part of the European Union, Gibraltar had never before voted in European Parliamentary elections, in part due to its small electorate of just over 20,000 which would cause Gibraltar to be over-represented by about 30 times if even a single seat were to be assigned.

<span class="mw-page-title-main">South West England (European Parliament constituency)</span> Constituency of the European Parliament

South West was a combined constituency region of the European Parliament, comprising the South West of England and Gibraltar. Seven, later six, Members of the European Parliament using closed party-list proportional representation allocated using the D'Hondt method of distribution were elected. The constituency was abolished when Britain left the European Union on 31 January 2020.

<span class="mw-page-title-main">European Union citizenship</span> Legal right conferred to citizens of EU member states

European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.

<span class="mw-page-title-main">British passport (Gibraltar)</span>

The Gibraltar variant British passport is a British passport issued to British Citizens and British Overseas Territory Citizens who work or live in Gibraltar. Having Gibraltarian status alone, and not being resident in Gibraltar, is insufficient criteria to obtain a Gibraltar Passport. Gibraltar passports are issued by the Passport Office of the Gibraltar Civil Status and Registration Office. Since 2005, passports issued in Gibraltar have been biometric.

<i>R (Carson) v Secretary of State for Work and Pensions</i> and <i>R (Carson & Reynolds) v Secretary of State for Work and Pensions</i>

R (Carson) v Secretary of State for Work and Pensions and R v Secretary of State for Work and Pensions were a series of civil action court cases seeking judicial review of the British government's policies under the Human Rights Act 1998. They related to the right to property under Article 1 of the First Protocol and prohibition of discrimination under Article 14 of the convention. In Reynolds's case, there was also Article 8 of the European Convention on Human Rights (ECHR), the right to respect for "private and family life" to be considered, as well as Article 3 of the ECHR, the prohibition of torture, and "inhuman or degrading treatment or punishment".

Hirst v United Kingdom (2005) ECHR 681 is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not state that all prisoners should be given voting rights. Rather, it held that if the franchise was to be removed, then the measure needed to be compatible with Article 3 of the First Protocol, thus putting the onus upon the UK to justify its departure from the principle of universal suffrage.

Andrejeva v. Latvia (55707/00) was a case decided by the Grand Chamber of the European Court of Human Rights in 2009. It concerned ex parte proceedings and discrimination in calculating retirement pensions for non-citizens of Latvia.

<i>Sejdić and Finci v. Bosnia and Herzegovina</i>

Sejdić and Finci v. Bosnia and Herzegovina was a case decided by the Grand Chamber of the European Court of Human Rights in December 2009, in the first judgment finding a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 3 of Protocol No. 1 thereof, with regard to the arrangements of the Constitution of Bosnia and Herzegovina in respect of the House of Peoples of Bosnia and Herzegovina, and a violation of Article 1 of Protocol No. 12 with regard to the constitutional arrangements on the Presidency of Bosnia and Herzegovina.

Yumak and Sadak v. Turkey was a case before the European Court of Human Rights on the requirement for parties standing in Turkish parliamentary elections to meet the threshold of 10% of the votes cast at Turkish parliamentary elections in order to gain seats, decided in 2008.

McCann and Others v United Kingdom is a legal case tried in 1995 before the European Court of Human Rights (ECHR) regarding a purported breach of Article 2 of the European Convention on Human Rights by the United Kingdom.

<span class="mw-page-title-main">European Union (Referendum) Act 2016 (Gibraltar)</span> United Kingdom legislation

The European Union (Referendum) Act 2016 was an Act of the Gibraltar Parliament, which implements the United Kingdom's European Union Referendum Act 2015 in Gibraltar. It was the first time a referendum has been held in Gibraltar on the issue of continued EU membership since the territory joined along with the United Kingdom in 1973 and was the first time that any British Overseas Territory had participated in a UK-wide referendum. The Act commenced on 26 January 2016, and received assent from the Governor of Gibraltar on 28 January 2016.

<i>Chiragov and Others v. Armenia</i> International human rights case

Chiragov v. Armenia was an international human rights case regarding the rights to property of Azeri nationals in the Nagorno-Karabakh region of former Soviet Azerbaijan. The judgment of the Grand Chamber of the European Court of Human Rights on the case originated in an application against the Republic of Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by six Azerbaijani nationals on 6 April 2005. The applicants alleged, in particular, that they were prevented from returning to the district of Lachin in territory occupied by the respondent Government, that they were thus unable to enjoy their property and homes located there, and that they had not received any compensation for their losses.

<span class="mw-page-title-main">Brexit negotiations</span> Negotiations for the withdrawal of the United Kingdom from the European Union

Between 2017 and 2019, representatives of the United Kingdom and the European Union negotiated the terms for Brexit, the planned withdrawal of the UK from the EU. These negotiations arose following the decision of the Parliament of the United Kingdom to invoke Article 50 of the Treaty on European Union, following the UK's EU membership referendum on 23 June 2016.

References

  1. Judgment of the European Court of Human Rights: Matthews v the United Kingdom
  2. Judgment of the European Court of Justice: Spain v United Kingdom (C-145/04)