2020-惇蹋厙AT-996

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an application for revision of judgment No. 2019-惇蹋厙AT-914 from Mr Oglesby. 惇蹋厙AT 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 惇蹋厙AT and the party applying for revision. 惇蹋厙AT noted that it had concluded in the impugned judgment that it was unable to apply the 惇蹋厙 Charter or the UDHR directly, or strike down clear 惇蹋厙JSPF Regulations. 惇蹋厙AT opined that it was within the combined powers of the 惇蹋厙JSPF, the Secretary-General and the General Assembly to right this obvious disconnection from human rights norms for Mr Oglesby and others in his situation. 惇蹋厙AT requested that both judgments be brought to the attention of the Secretary-General and the General Assembly. 惇蹋厙AT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

In judgment No. 2019-惇蹋厙AT-914, 惇蹋厙AT affirmed the decision of 惇蹋厙JSPF to deny widowhood benefits to Mr Oglesby and dismissed his appeal. Under 惇蹋厙JSPF 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

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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