Covenant and declares it inadmissible because of non-exhaustion of domestic remedies. he invoke the right protected under article 25 of the Covenant. Moreover, this issue is not germane to the case, which focuses not on the right of equal access to public service but on the alleged denial of unemployment benefits. 9.3 Before addressing the merits in this case, the Committee observes that although the right to social security is not protected, as such, in the International Covenant on Civil and Political Rights, issues under the Covenant may nonetheless arise if the principle of equality contained in articles 14 and 26 of the Covenant is violated. Author's comments 8.1 In his comments, dated 29 March and 29 July 1995, the author reiterates his claim to be a victim of discrimination and contends that the relevant Spanish laws are incompatible with the Covenant, in particular the 1987 Rules and Circular 10/86 of the Undersecretary in the Justice Ministry concerning the status of substitute judges. He further alleges that the lack of permanence and the insecurity of substitute judges endangers the independence of the judiciary. 9.4 In this context the Committee reiterates its jurisprudence that not every differentiation in treatment can be deemed to be discriminatory under the relevant provisions of the Covenant1. A differentiation which is compatible with the provisions of the Covenant and is based on reasonable grounds does not amount to prohibited discrimination. 8.2 He rejects the State party's contention that he has primarily economic concerns and expects special legislation for himself. Far from having earned substantially more as a judge, he was compelled to return to his civil service post in order to attend to his minimum needs. He further stresses that during various periods from 1986 to 1992 he served as a devoted substitute judge and paid unemployment insurance. He contends that the relevant legislation and practice should be adjusted to ensure that persons who pay unemployment insurance benefit therefrom when the terms of temporary employment end, notwithstanding the possibility of returning to another post in the civil service. 9.5 The Committee notes that the author claims to be the only unemployed substitute judge who does not receive unemployment benefits. The information before the Committee reveals, however, that the relevant category of recipients of unemployment benefits encompasses only those unemployed substitute judges who cannot immediately return to another post upon termination of their temporary assigments. The author does not belong to this category, since he enjoys the status of a civil servant. In the Committee's opinion, a distinction between unemployed substitute judges who are not civil servants on leave and those who are cannot be deemed arbitrary or unreasonable. The Committee therefore concludes that the alleged differentiation in treatment does not entail a violation of the principle of equality and non-discrimination enunciated in article 26 of the Covenant. 8.3 The author concludes that since his is the only substitute judge who does not receive unemployment benefits, he is a victim of discrimination within the meaning of article 26 of the Covenant. 9.6 With regard to the author's allegations concerning article 14, the Committee has carefully studied the various judicial proceedings engaged by the author in Spain as well as their disposition and concludes that the evidence submitted does not support a finding that he has been denied a fair hearing within the meaning of article 14, paragraph 1, of the Covenant. Review of admissibility and examination of the merits 9.1 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. 10. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol, finds that the facts before it do not reveal a violation by Spain of any provision of the International Covenant on Civil and Political Rights. 9.2 With regard to the author's allegations concerning article 25, paragraph c, of the Covenant, the Committee notes that the State party has submitted that the author never invoked the substance of this right in any proceedings before Spanish tribunals; the author has not claimed that it would not have been open to him to invoke this right before the local courts. Therefore, pursuant to rule 93, paragraph 4, of the Committee's rules of procedure the Committee sets aside that part of its admissibility decision concerning article 25 of the 1 Zwaan–de Vries v. The Netherlands, Communication No. 182/1984, Views adopted on 9 April 1987, para. 13. Alina Simunek v. The Czech Republic, Communication No. 516/1992, Views adopted on 19 July 1995, para 11.3. 34