R, Communication Ho. 415/1990, Dietmar Pauqer v. Austria (views adopted on 26 March 1992, at the forty-fourth s_g.ssion)* Submitted by; Dietmar Pauger Alleged victim: The author State party: Austria Date of communication: 5 June 1990 Date of decision on admissibility; 22 March 1991 The Human Rights Committee, establishes under article 26 of the International Covenant on Civil and Political Rights, Meeting on 26 March 1992, Having concluded its cons icier at ion of communication Ho. 415/1990, submitted to the Human Rights Committee by Mr. Dietmar Pauger 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, its views under article 5, paragraph 4, of the Optional Protocol. Facts as submitted by the author 1. The author of the communication is Dietmar Pauger, an Austrian citizen born in ig41 and a resident of Graz, Austria. He claims to be a victim of a violation by Austria of article 26 of the International Covenant on Civil and Political Eights. The Optional Protocol entered into force with respect to Austria on 10 March 1988. 2.1 The author works as a university professor. His wife died on 23 June 1984. She had been a civil servant and employed as a teacher in a public school in the province of Styria (Land Steiermark). On 24 August 1984, the author submitted a pension claim pursuant to the Pension Act of 1965 (Pensionsgesetz 1965). He notes that the Pension Act granted preferential treatment to widows, as they would receive a pension, regardless of their income, whereas widowers could receive pensions only if they did not have any other form of income. Since the author was gainfully employed, the provincial government of Styria (Steiermarkische Landesregierung) rejected his claim, which was similarly dismissed on appeal by the Constitutional Court of Austria (Verfassunqsqerichtshof). 2.2 Subsequently, the eighth amendment to the Pension Act (8, Pensionsaesetznovelle) of 22 October 1985 introduced a general widower pension, applicable retroactively from 1 March 1985. However, a three-phase An individual opinion submitted by Mr. Hisulce Ando is appended. -325-