Furthermore it would seem to us that it is
essential to keep one’s sense of proportion. With
respect to the present cases, we note that the authors
are asking for child benefits not only for their own
children - to which they are entitled under the
legislation of the Netherlands - but also for siblings,
nephews and nieces, for whom they claim to have
accepted responsibility and hence consider as
dependants. On the basis of the information before the
Committee, such demands appear to run counter to a
general sense of proportion, and their denial by the
government concerned cannot be considered
unreasonable in view of the budget limitations which
exist in every social security system. While States
parties to the Covenant may wish to extend benefits to
such wide-ranging categories of dependants, article 26
of the Covenant does not require them to do so.
Nos. 172/1984, Broeks v. the Netherlands and
182/1984, Zwaan-de Vries v. the Netherlands.2
It is obvious that while article 26 of the
Covenant postulates an autonomous right to nondiscrimination, the implementation of this right may
take different forms, depending on the nature of the
right to which the principle of non-discrimination is
applied.
With regard to the application of article 26 of
the Covenant in the field of economic and social
rights, it is evident that social security legislation,
which is intended to achieve aims of social justice,
necessarily must make distinctions. It is for the
legislature of each country, which best knows the
socio-economic needs of the society concerned, to try
to achieve social justice in the concrete context.
Unless the distinctions made are manifestly
discriminatory or arbitrary, it is not for the Committee
to re-evaluate the complex socio-economic data and
substitute its judgement for that of the legislatures of
States parties.
2
Views adopted on 9 April 1987, twenty-ninth
session.
121
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents