B. Decisions declaring a communication inadmissible Communication No. 478/1991 Submitted by: A.P.L.-v.d. M [name deleted] on 27 October 1991 (represented by counsel) Alleged victim: The author State party: The Netherlands Declared inadmissible: 26 July 1993 (forty-eighth session) qualified as breadwinners. A similar requirement did not apply to married men. The author, who did not meet this requirement, therefore did not apply for benefits at that time. Subject matter: Alleged gender-based discrimination in relation to marital status applying to unemployment benefits. Procedural issues: Standing of the author – Lack of substantiation of claim – Method of application of the Covenant in the domestic legal system. 2.3 However, after the State party had abolished the requirement of article 13, paragraph 1, subsection 1, with a retroactive effect to 23 December 1984, the author, on 22 January 1989, applied for benefits under the WWV, for the period of 2 March to 25 July 1984. The author's application was rejected by the municipality of Voorhout, on 8 June 1989, on the ground that the author did not meet the statutory requirements which were applicable at the material time. Substantive issues: Equality before the law Article of the Covenant: 26 Articles of the Optional Protocol: 1 and 2 1. The author of the communication (dated 22 October 1991) is Mrs. A. P. L.-v. d. M., a Netherlands citizen, residing in Voorhout, 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. She is represented by counsel. 2.4 On 19 December 1989, the municipality confirmed its decision. The author then appealed to the Raad van Beroep (Board of Appeal) in The Hague, which, by decision of 27 June 1990, rejected her appeal. 2.5 The Centrale Raad van Beroep (Central Board of Appeal), the highest instance in social security cases, in its judgement of 5 July 1991, referred to its judgement of 10 May 1989 in the case of Mrs. Cavalcanti Araujo-Jongen, in which it found, as it had done in previous cases, that article 26, read in conjunction with article 2, of the International Covenant on Civil and Political Rights, applied to the granting of social security benefits and similar entitlements and that the explicit exclusion of married women from WWV benefits, except if they meet specific requirements that are not applicable to married men, amounted to discrimination on the ground of sex in relation to marital status. However, the Central Board found no reason to depart from its established jurisprudence that, with regard to the elimination of discrimination in the sphere of national social security legislation, in some situations gradual implementation may be allowed. The Central Board concluded that, in relation to article 13, paragraph 1, subsection 1, of WWV, article 26 of the Covenant had acquired direct effect not before 23 December 1984, the final date Facts as submitted 2.1 The author, who is married, was employed as a seasonal worker during part of the year as of July 1982. During the intermittent periods of unemployment, she received unemployment benefits by virtue of the Werkloosheidswet (WW) (Unemployment Act). Pursuant to the provisions of the Act, the benefit was granted for a maximum period of six months. On 2 March 1984 the author, who was then unemployed, was no longer entitled to WW benefits. She was subsequently re-employed on 25 July 1984. 2.2 After having received benefits under the WW, an unemployed person at that time was entitled to benefits under the Wet Werkloosheids Voorziening (WWV) (Unemployment Benefits Act). These benefits amounted to 75 per cent of the last salary, whereas the WW benefits amounted to 80 per cent of the last salary. However, article 13, paragraph 1, subsection 1, of the law provided that married women could only receive WWV benefits if they 12