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
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