Brooks v. The Netherlands
9 April 1987
(Communication No. 172/1984)
Subject:
Article 26 - Discrimination on the ground of sex; objective and reasonable justification:
Under Dutch law, a married woman, in order to receive unemployment benefits, had to prove that she was a "breadwinner". This condition did not apply to men.
Conclusion:
Violation of Article 26: The Human Rights Committee found a denial of a social security benefit on an equal footing with men. The case also established that Article 26 gives protection beyond the civil and political rights enumeration in the International Covenant on Civil and Political Rights, Article 26 prohibits discrimination with regard to all civil, political, economic, social and other rights.
(Paragraphs 11, 12.1, 12.2, 12.3, 12.4, 12.5, 13, 14, 15)