Creating a fairer Britain
14 December 2010
The European Court of Human Rights today declared that a government scheme was discriminatory for charging some immigrants a fee only if they are not planning to marry in the Church of England.
The Equality and Human Rights Commission intervened in Mr and Mrs Iwu’s case to argue that the scheme discriminated against Catholics and people of other faiths and would not prevent sham marriages.
The Commission submitted to the European Court of Human Rights that the scheme was wrong as a blanket ban on marrying anywhere other than a Church of England unfairly targets innocent people. The scheme could only be justified if it was actually designed in a way that could identify marriages of convenience.
The European Court ruled that "the scheme was discriminatory on the ground of religion and that .... no reasons were adduced by the Government .... which were capable of providing an objective and reasonable justification for the difference in treatment".
Roman Catholics Mr Osita Chris Iwu, a Nigerian national, and Sinead O'Donoghue met in November 2004 and got engaged in May 2006. In order to marry in a Roman Catholic church, Mr Iwu was required to obtain permission from the Secretary of State and pay £295 because he was subject to immigration control.
The application process involved no inquiry into the circumstances surrounding the marriage to determine whether it was in fact a sham and made it clear it did not apply to couples planning to marry in the Church of England.
Finding in their favour, the European Court awarded the applicants €8500 damages and costs.
Hundreds of other couples are awaiting the European Court ruling as their cases have been on hold. Despite a High Court decision in 2006 that the government's scheme is unlawful and discriminatory, it remains in place.
John Wadham, Group Director, Legal, at the Commission, said:
"We are pleased that the government has finally decided to abolish this discriminatory scheme and comply with the High Court ruling. It is unfair for the state to apply one rule to one specific faith, but a different rule to all others.
"The government's scheme has prevented genuine couples from marrying and has done little, if anything, to tackle the problem of sham marriages.”
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Case of O'Donoghue and Others v the United Kingdom (Application no. 34848/070)
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.