Community (EEC) regarding the elimination of
discrimination between men and women within the
Community.
2.3 The author, on 11 December 1986, applied for
benefits under the Unemployment Benefits Act to
the Municipality of Leusden, her then place of
residence. Her application was rejected on
8 April 1987 on the grounds that as a married
woman who did not qualify as a breadwinner, she
did not meet the requirements of the Act. The
rejection was based on article 13, paragraph 1,
subsection 1 of the Unemployment Benefits Act,
which did not apply to married men.
3.3 The author notes that the Covenant entered into
force for the Netherlands on 11 March 1979, and that,
accordingly, article 26 was directly applicable as of
that date. She contends that the date of 23 December
1984 was chosen arbitrarily, as there is no formal link
between the Covenant and the Third EEC Directive.
The Central Board had not, in earlier judgements,
taken a consistent view with regard to the direct
applicability of article 26. In a case relating to the
General Disablement Act, for instance, the Central
Board decided that article 26 could not be denied
direct applicability after 1 January 1980.
2.4 On 2 July 1987, the Municipality confirmed
its earlier decision. The author subsequently
appealed to the Board of Appeal at Utrecht, which,
by decision of 22 February 1988, declared her appeal
to be well-founded; the decision of 8 April 1987 was
set aside.
3.4 The author submits that the Netherlands had,
when ratifying the Covenant, accepted the direct
applicability of its provisions, in accordance with
articles 93 and 94 of the Constitution. Furthermore,
even if a gradual elimination of discrimination were
permissible under the Covenant, the transitional
period of almost 13 years between the adoption of
the Covenant in 1966 and its entry into force for the
Netherlands in 1979, was sufficient to enable it to
adapt its legislation accordingly.
2.5 The Municipality then appealed to the Central
Board of Appeal, which, by judgement of 10 May
1989, confirmed the Municipality's earlier decisions
and set aside the Board of Appeal's decision. The
author claims she has exhausted all available
domestic remedies.
The complaint
3.1 In the author's opinion, the denial of benefits
under the Unemployment Benefits Act amounts to
discrimination within the meaning of article 26 of
the Covenant. She refers to the Views of the Human
Rights Committee regarding communications
No. 172/1984 (Broeks v. the Netherlands) and
No. 182/1984 (Zwaan-de Vries v. the Netherlands).
3.5 The author claims she suffered damage as a
result of the application of the discriminatory
provisions in the Unemployment Benefits Act, in
that benefits were refused to her for the period of
1 August 1983 to 24 April 1984. She contends that
these benefits should be granted to women equally as
to men as of 11 March 1979 (the date the Covenant
entered into force for the Netherlands), in her case as
of 1 August 1983, notwithstanding measures adopted
by the Government to grant married women WWV
benefits equally after 23 December 1984.
3.2 In its judgement of 10 May 1989, the Central
Board of Appeal concedes, as in earlier judgements,
that article 26 in conjunction with article 2 of the
International Covenant on Civil and Political Rights
applies also to the granting of social security benefits
and similar entitlements. The Central Board further
observed that the explicit exclusion of married
women, unless they meet specific requirements that
are not applicable to married men, implies direct
discrimination on the ground of sex in relation to
(marital) status. However, the Central Board held that
"as far as the elimination of discrimination in the
sphere of national social security legislation is
concerned, in some situations there is room for a
gradual implementation with regard to the moment at
which unequal treatment ... cannot be considered
acceptable any longer, as well as in view of the
question of when, in such a case, the moment has
come at which article 26 of the Covenant in relation to
national legislation cannot be denied direct
applicability any longer". The Central Board
concluded in relation to the provision in the
Unemployment Benefits Act that article 26 of the
Covenant could not be denied direct applicability after
23 December 1984, the time-limit established by the
Third Directive of the European Economic
The Committee's decision on admissibility
4.1 During its forty-fourth session, the Committee
considered the admissibility of the communication.
It noted that the State party, by submission of
11 December 1990, raised no objections against
admissibility and conceded that the author had
exhausted available domestic remedies.
4.2 On 20 March 1992, the Committee declared
the communication admissible inasmuch as it might
raise issues under article 26 of the Covenant.
State party's submission on the merits and author's
comments
5.1 By submission of 8 December 1992, the State
party argues that the author's communication is
unsubstantiated, since the facts of the case do not
reveal a violation of article 26 of the Covenant.
5.2 The State party submits that article 13,
paragraph 1, subsection 1 of the Unemployment
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