2020-Ģ��ƵAT-996

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an application for revision of judgment No. 2019-Ģ��ƵAT-914 from Mr Oglesby. Ģ��ƵAT held that Mr Oglesby failed to establish the required grounds for a revision of judgment, namely the discovery of a decisive fact that was, at the time the judgment was rendered, unknown to Ģ��ƵAT and the party applying for revision. Ģ��ƵAT noted that it had concluded in the impugned judgment that it was unable to apply the Ģ��Ƶ Charter or the UDHR directly, or strike down clear Ģ��ƵJSPF Regulations. Ģ��ƵAT opined that it was within the combined powers of the Ģ��ƵJSPF, the Secretary-General and the General Assembly to right this obvious disconnection from human rights norms for Mr Oglesby and others in his situation. Ģ��ƵAT requested that both judgments be brought to the attention of the Secretary-General and the General Assembly. Ģ��ƵAT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

In judgment No. 2019-Ģ��ƵAT-914, Ģ��ƵAT affirmed the decision of Ģ��ƵJSPF to deny widowhood benefits to Mr Oglesby and dismissed his appeal. Under Ģ��ƵJSPF Regulations, Mr Oglesby was required to be married at the time of his separation from service in order to receive those benefits; however, at the time of his separation (1998), same-sex marriage was not legal anywhere in the world and therefore he was unable to marry his partner.

Legal Principle(s)

Left deliberately blank

Outcome

Revision, correction, interpretation or execution

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Oglesby

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement