regularly review their legislation in order to ensure
that ir corresponds to the changing needs of society.
In the field of civil and political rights, a State party is
required to respect Covenant rights such as the right to
a fair trial, to freedom of expression and freedom of
religion, immediately from the date of entry into force
of the Covenant, and to do so without discrimination.
On the other hand, with regard to rights enshrined in
the International Covenant on Economic, Social and
Cultural Rights, it is generally understood that States
parties may need time for the progressive
implementation of these rights and to adapt relevant
legislation in stages; moreover, constant efforts are
needed to ensure that distinctions that were reasonable
and objective at the time of enactment of a social
security provision are not rendered unreasonable and
discriminatory by the socio-economic evolution of
society. Finally, we recognize that legislative review is
a complex process entailing consideration of many
factors, including limited financial resources, and the
potential effects of amendments on other existing
legislation.
In the context of the instant case, we have
taken due note of the fact that the Government of the
Netherlands regularly reviews its social security
legislation, and that it has recently amended several
acts, including the Health Insurance Act. Such review
is commendable and in keeping with the requirement,
in article 2, paragraphs 1 and 2, of the Covenant, to
ensure the enjoyment of Covenant rights and to adopt
such legislative or other measures as may be necessary
to give effect to Covenant rights.
116
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