P. Communication Mo. 395/1990. M. Th. Sprenger v. the Netherlands (views adopted on 31 March 1992, at the forty-fourth session)* Submitted by: M. Th. Sprenger (represented by counsel) Alleged victim: The author State party; The Netherlands Date of communication: 8 February 1990 Date of decision on admissibilityt 22 March 1991 The Human Sights Committee, established under article 28 of the International Covenant on Civil and Political Eights, Meeting on 31 March 1992, Having concluded its consideration of communication No. 395/1990, submitted to the Human Rights Committee by Ms. M. Th. Sprenger under the Optional Protocol to the International Covenant on Civil and Political Rights, Having taken into account all written information made available to it by the author of the communication and by the State party. Adopts its views under article 5, paragraph 4, of the Optional Protocol. Facts as submitted by the author 1. The author of the communication is M. Th. Sprenger, a citizen of the Netherlands, residing at Maastricht, 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 Eights. 2.1 The author received unemployment benefits under the Netherlands Unemployment Benefits Act until 20 August 1987. At that date, the maximum benefits period came to an end. As a result of the termination of her benefits payment under the Netherlands Unemployment Benefits Act, her public health insurance also expired, pursuant to the Health Insurance Act. The author then applied for benefits pursuant to the State Group Regulations for Unemployed Persons, under which she would be equally entitled to public insurance under the Health Insurance Act. 2.2 The author's application was rejected on the grounds that she cohabited with a man whose income was higher than the benefits then applicable under the State Group Regulations for Unemployed Persons. Her companion was, through his employment, insured under the Health Insurance Act. Under article 4, * An individual opinion submitted by Mr. N. Ando, Mr. K. Herndl and Mr. B. Ndiaye is appended. -311-