paragraph 1, of the Health Insurance Act, the spouse of an insured person may also be insured if she is below 65 years of age and shares the household, and if the insured person is considered as her, or his, breadwinner. The author explains that she had lived with her companion since October 1982 and that, on 8 August 1983, they formally registered their relationship by notarial contract, providing for the shared costs of the common household, property and dwelling. 2.3 The author's application for registration as a co-insured person with her partner was rejected by the regional social security body on 4 August 1987, on the ground that the Health Insurance Act did not provide for co-insurance to partners other than spouses. In this context, the author stresses that the very circumstance that she shares a household with her partner prevents her from receiving benefits under the State Group Regulations for Unemployed Persons, by virtue of which she herself would be insured under the Health Insurance Act, in which case the question of co-insurance would never have arisen. 2.4 On 3 February 1988, the Board of Appeal (Baad van Beroep) quashed the decision of 4 August 1987, stating that the discrimination between an official marriage and a common law marriage constituted discrimination within the meaning of article 26 of the Covenant. The judgement was in turn appealed by the regional social security board to the Central Board of Appeal fCentrale R&a& van, Beroepl which, on 28 September 1988, ruled that the decision, of 4 August 1987 did not contravene article 26 of the Covenant. In its decision, the Central Board of Appeal referred to the decision of the Human Rights Committee in communication No. 180/1984, Panning v. the Netherlands 3/ in which it had been held that, in the circumstances of the case, a difference of treatment between married and unmarried couples did not constitute discrimination within the meaning of article 26 of the Covenant. 2.5 Ihe autfcor states that the Health Insurance Act has been amended and that it recognizes the equality of common law and official marriages as of 1 January 1988. Complaint 3. The author claims that she is a victim of a violation by the State party of article 26 of the Covenant, because she was denied co-insurance under the Health Insurance Act, which distinguished between married and unmarried couples, whereas other social security legislation already recognized the equality of status between common law and official marriages. Committee's admissibility decision 4.1 At its forty-first session, the Committee considered the admissibility of the communication. It noted that the State party had not raised any objection to the admissibility of the communication and it ascertained that the same matter was not being examined under another procedure of international investigation or settlement. 4.2 On 22 March 1991, the Committee declared the communication admissible in respect of article 26 of the Covenant. -312-

Select target paragraph3