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.
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