Publication: A 112 Title: Johnston and others v.

Ireland Application No: 9697/82 Respondent: Ireland Referred by: Commission Date of reference by 21-05-1985 Commission: Date of reference by State: Date of Judgment: 18-12-1986 Articles: 12 Conclusion:No violation of article 12 8 No violation of article 8 14 No violation of article 14 9 Article 9 not applicable 50 Violation of article 8 [third applicant] Compensation under article 50 awarded Keywords: MARRY / FOUND A FAMILY / RESPECT FOR FAMILY LIFE / DISCRIMINATION Summary: Man and women (first and second applicants) living together in stable relationship after breakdown of the marriage of one of them - Constitutional prohibition on divorce - situation of those applicants and of their daughter (third applicant) under Irish law. Government's preliminary pleas: Whether applicants entitled to claim to be victims of alleged breaches: yes - they raised objections to effects of Irish law on their own lives - existence or absence of detriment is not a matter for Article 25 of the Convention. Whether applicants had failed to exhaust domestic remedies: no - existence of effective remedies not established. Whether certain complaints fell outside compass of case brought before Court: no. Conclusion: pleas rejected. Situation of first and second applicants: Inability to divorce and re-marry 1. Article 12: right to divorce cannot be derived from this provision in its ordinary meaning - this interpretation consistent with Article's object and purpose as revealed by travaux preparatoires right deliberately omitted from Convention at outset cannot be derived therefrom by means of evolutive interpretation. 2. Article 8: extent of positive obligations inherent in an effective respect for family life - right to divorce, excluded from Article 12, cannot, with consistency, be derived from Article 8, a more

general provision. 3. Article 14 of the Convention, in conjunction with Article 8: no discrimination - first and second applicants not in situation analogous to that of persons able to obtain recognition in Ireland of a foreign divorce. 4. Article 9: complaint by first applicant that his situation contrary to his conscience - Article not applicable. Conclusion: no violation. Matters other than inability to divorce and re-marry: Article 8: some of the matters complained of were but consequences of inability to obtain a divorce, which not incompatible with Convention - as regards the others, no positive obligation on Ireland to establish special regime for a particular category of unmarried couples. Conclusion: no violation. Situation of the third applicant: Article 8: extent of positive obligations inherent in an effective respect for family life - need to permit integration of child within family and importance of developments in member States of the Council of Europe regarding status of illegitimate children - third applicant should be placed, legally and socially, in position akin to that of a legitimate child - absence of appropriate legal regime reflecting her natural family ties amounts to failure to respect her family life and that of her parents. Conclusion: violation. Article 14: not necessary to examine separately complaint concerning succession rights. Article 50 Claims for compensation for material and non-pecuniary loss rejected. Claim for reimbursement of legal costs and expenses accepted, but only in part. Conclusion: Ireland to pay specified sum to applicants.