parents and residing abroad, irrespective of whether the parent residing in the Netherlands is involved in the upbringing. The authors therefore consider it unjust to deny benefits for their foster children merely on the basis of the fact that they cannot actively involve themselves in their upbringing. In their opinion, the “differential treatment” is not based on “reasonable and objective” criteria. 2.5 By decisions of 4 March 1987, the Central Board of Appeal dismissed the appeals. It held, inter alia, that in case of the upbringing of foster children, it was necessary to prove the existence of close links between the children and the applicant for purposes of the entitlement to child benefit. The Central Board of Appeal held that the cases did not raise the question of two similar situations being treated unequally, so that the issue of discrimination did not arise. In holding that a close, exclusive relationship between the children concerned and the individual applying for a child benefit is necessary, it argued that such a close relationship is presumed to exist in respect of one’s own children, whereas it must be made plausible in respect of foster children. 3.3 The authors argue that not only “Western standards” should be taken into account in the determination of whether or not to grant child benefits. It was in conformity with Moroccan tradition that they had taken their relatives into their family. 3.4 The authors further allege a violation of article 17 of the Covenant. They state that they are unemployed in the Netherlands and depend on an allowance in accordance with the General Social Security Act. This allowance amounts to the social minimum. The child benefits are essential for them in order to support their family in Morocco. By refusing the child benefits for their foster children, the authors contend, a “family life with them is de facto impossible”, thus violating their rights under article 17. 2.6 The authors appealed to the European Commission of Human Rights, invoking articles 8 (cf. article 17 of the Covenant) and 14 (cf. article 26 of the Covenant) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. By decision of 6 March 1989, the Commission declared their communications inadmissible ratione materiae, holding that the Convention does not encompass a right to family allowances. In particular, article 8 could not be construed as obliging a State to grant such allowances. The right to family allowances was a social security right that fell outside the scope of the Convention. With regard to the alleged discrimination, the Commission reiterated that article 14 of the European Convention has no independent existence and that it only covers the rights and obligations recognized in the Convention. The Committee’s decision on admissibility 4.1 At its forty-first and forty-second sessions, respectively, the Committee considered the admissibility of the communications. It noted that the State party had raised no objection to admissibility, confirming that the authors had exhausted all available domestic remedies. It further noted that the facts as submitted by the authors did not raise issues under article 17 of the Covenant and that this aspect of the communication was therefore inadmissible ratione materiae under article 3 of the Optional Protocol. Complaint 3.1 The authors contend that the authorities of the Netherlands have violated article 26 of the Covenant. They refer to the Human Rights Committee’s General Comment on article 26, which states, inter alia, that the principle of nondiscrimination constitutes a basic and general principle relating to the protection of human rights. The authors argue that an inadmissible distinction is made in their case between “own children” and “foster children”, all of which belong to the same family in Morocco. 4.2 As to the authors’ allegations that they were victims of discrimination, the Committee took note of their claim that the distinction made in the Child Benefit Act between natural and foster children is not based on reasonable and objective criteria, and decided to examine this question in the light of the State party’s submission on the merits. 3.2 The authors point out that the actual situation in which the children concerned live does not differ, and that, de facto, both have the same parents. The Dutch authorities do pay child benefits for natural children separated from their 4.3 By decision of 23 March 1991, the Committee declared Mr. Oulajin’s communication admissible in so far as it might raise issues under article 26 of the 118