State party's explanations and author's comments thereon 5.1 In its submission, dated 15 November 1991, the State party argues that the differentiation between married and unmarried persons in the Health Insurance Act does not constitute discrimination within the meaning of article 26 of the Covenant. In this context, it refers to the Committee's views in communication No. 180/1984. 5.2 The State party contends that, although the author has entered into certain mutual obligations by notarial contract/ considerable differences between her status and that of a married person remain. The State party states that the Civil Code imposes additional obligations upon married persons, which the author and her partner have not taken upon themselves; it mentions, inter alia, the imposition of a maintenance allowance payable to the former spouse. The State party argues that nothing prevented the author from entering into the legal status of marriage, subsequent to which she would have been entitled to all corresponding benefits. 5.3 The State party submits that it has at no time taken any general decision to abolish the distinction between married persons and cohabitants, and that it has introduced equal treatment only in certain specific situations and on certain conditions. It further submits that each social security law was reviewed separately with regard to the introduction of equal treatment between married persons and cohabitants; this explains why in some laws equal treatment was incorporated sooner than in others. 6.1 In her reply to the State party's submission, the author submits that the differences between married and unmarried couples should be seen in the context of family law; they do not affect the socio-economic circumstances, which are similar to both married and unmarried couples. 6.2 The author further submits that the legal status of married couples and cohabitants, who confirmed certain mutual obligations by notarial contract, was found to be equivalent by the courts before. She refers in this context to a decision of the Central Board of Appeal, on 23 November 1986, concerning emoluments to married military personnel. She further contends that, as of 1 January 1987, equal treatment was accepted in almost all Dutch social security legislation, except for the Health Insurance Act and the General Widows and Orphans Act. Consideration of the merits 7.1 The Human Eights 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. 7.2 The Committee observes that, although a State is not required under the Covenant to adopt social security legislation, if it does, such legislation must comply with article 26 of the Covenant. Equality before the law implies that any distinctions in the enjoyment of benefits must be based on reasonable and objective criteria, b/ -313-