Communication No. 395/1990
Submitted by: M. Th. Sprenger
Date of communication: 8 February 1990
Alleged victim: The author
State party: The Netherlands
Date of adoption of Views: 31 March 1992 (forty-fourth session)
applicable under the State Group Regulations for
Unemployed Persons. Her companion was,
through his employment, insured under the
Health Insurance Act. Under article 4,
paragraph 1, of the Health Insurance Act, the
spouse of an insured person may also be insured
if she is below 65 years of age and shares the
household, and if the insured person is
considered as her, or his, breadwinner. The
author explains that she had lived with her
companion since October 1982 and that,
on 8 August 1983, they formally registered their
relationship by notarial contract, providing for
the shared costs of the common household,
property and dwelling.
Subject matter: Differentiation in insurance
coverage entitlements between married and
unmarried couples
Procedural issue: No challenge to admissibility
Substantive issues: Discrimination on the ground
of other status (marital status)—Objective
and reasonable justification
Articles of the Covenant: 2(1) and 26
Article of the Optional Protocol: 5(2)(b)
Rules of procedure: Rule 94(3)
Individual opinion: Dissenting opinions by
Mr. Nisuke Ando, Mr. Kurt Herndl and
Mr. Birame Ndiaye
2.3
The author’s application for registration
as a co-insured person with her partner was
rejected by the regional social security body
on 4 August 1987, on the ground that the Health
Insurance Act did not provide for co-insurance to
partners other than spouses. In this context, the
author stresses that the very circumstance that
she shares a household with her partner prevents
her from receiving benefits under the State
Group Regulations for Unemployed Persons, by
virtue of which she herself would be insured
under the Health Insurance Act, in which case
the question of co-insurance would never have
arisen.
1.
The author of the communication is
Ms. M. Th. Sprenger, a citizen of the
Netherlands, residing at Maastricht, the
Netherlands. She claims to be a victim of a
violation by the Netherlands of article 26 of the
International Covenant on Civil and Political
Rights.
The facts as submitted by the author
2.4
On 3 February 1988, the Board of
Appeal (Raad van Beroep) quashed the decision
of 4 August 1987, stating that the discrimination
between an official marriage and a common law
marriage constituted discrimination within the
meaning of article 26 of the Covenant. The
judgement was in turn appealed by the regional
social security board to the Central Board of
Appeal (Centrale Raad van Beroep) which, on
28 September 1988, ruled that the decision
of 4 August 1987 did not contravene article 26
of the Covenant. In its decision, the Central
Board of Appeal referred to the decision of the
Human Rights Committee in communication
No. 180/1984, Danning v. the Netherlands1 in
2.1
The author received unemployment
benefits under the Netherlands Unemployment
Benefits Act until 20 August 1987. At that date,
the maximum benefits period came to an end.
As a result of the termination of her benefits
payment under the Netherlands Unemployment
Benefits Act, her public ‘health insurance also
expired, pursuant to the Health Insurance Act.
The author then applied for benefits pursuant to
the State Group Regulations for Unemployed
Persons, under which she would be equally
entitled to public insurance under the Health
Insurance Act.
2.2
The author’s application was rejected on
the grounds that she cohabited with a man whose
income was higher than the benefits then
1
See Official Records of the General Assembly,
Forty-second Session, Supplement No. 40 (A/42/40),
113
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