had by then found new employment. She therefore
argues that the discriminatory effect of the said
provision of the Act is not abolished for her, but still
continues.
7.3 The
Committee
recalls
its
earlier
jurisprudence and observes that, although a State is
not required under the Covenant to adopt social
security legislation, if it does, such legislation must
comply with article 26 of the Covenant.
6.3 Counsel refers to the Committee's Views in
communications Nos. 172/1984 5 and 182/1984 6
and argues that even if a transitional period is
acceptable to bring the law in compliance with the
Covenant, the length of that period, from the entry
into force of the Covenant (11 March 1979) to the
amendment of the law (6 June 1991), is
unreasonable. Counsel therefore maintains that
article 26 of the Covenant has been violated in the
author's case by the refusal of the State party to grant
her a benefit under the Unemployment Benefits Act
for the period of her unemployment, from 1 August
1983 to 24 April 1984.
7.4 The Committee observes that even if the law
in force in 1983 was not consistent with the
requirements of article 26 of the Covenant, that
deficiency was corrected upon the retroactive
amendment of the law on 6 June 1991. The
Committee notes that the author argues that the
amended law still indirectly discriminates against her
because it requires applicants to be unemployed at
the time of application, and that this requirement
effectively bars her from retroactive access to
benefits. The Committee finds that the requirement
of being unemployed at the time of application for
benefits is, as such, reasonable and objective, in
view of the purposes of the legislation in question,
namely to provide assistance to persons who are
unemployed. The Committee therefore concludes
that the facts before it do not reveal a violation of
article 26 of the Covenant.
Examination of the merits
7.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
7.5 As regards the author's request that the
Committee make a finding that article 26 of the
Covenant acquired direct effect in the Netherlands as
from 11 March 1979, the date on which the Covenant
entered into force for the State party, or in any event
as from 1 August 1983, the Committee observes that
the method of incorporation of the Covenant in
national legislation and practice varies among
different legal systems. The determination of the
question whether and when article 26 has acquired
direct effect in the Netherlands is therefore a matter of
domestic law and does not come within the
competence of the Committee.
7.2 The questions before the Committee are
whether the author is a victim of a violation of article
26 of the Covenant (a) because the state and
application of the law in August 1983 did not entitle
her to benefits under the Unemployment Benefits
Act, and (b) because the present application of the
amended law still does not entitle her to benefits for
the period of her unemployment from 1 August 1983
to 24 April 1984. In this connection, the author has
also requested the Committee to find that the
Covenant acquired direct effect in the Netherlands as
from 11 March 1979, or in any event as from
1 August 1983.
5
6
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it do not disclose a
violation of any provision of the Covenant.
See footnote 1.
See footnote 2.
64
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