A. M. M. Doesburg Lannooij Neefs v. The Netherlands
15 July 1994
(Communication No. 425/1991)
Subject:
Article 26 - Discrimination on the ground of other status - being a relative
Under the Dutch Social Security Act, a person can receive benefits if he does not have sufficient means to provide for his cost of living. The amount of the benefits depends on the specific circumstances of the applicant; differentiation is made, inter alia, between single persons and persons who share a household with others. Under article 1 (4) (a) of the Royal Decree of 13 March 1985 implementing the Act, a subtenant or boarder is considered to be a single person living alone and thus is entitled to full benefits under the Act. However, the Decree limits the application of this article by declaring that a person who shares a household with a close relative cannot be considered a single subtenant or boarder unless the relative is a brother or a sister and the household is shared on a commercial basis.
Conclusion:
No violation of Article 26: The Human Rights Committee stated that the right to equality before the law and to the equal protection of the law without any discrimination does not make all differences of treatment discriminatory. A differentiation based on reasonable and objective criteria does not amount to prohibited discrimination within the meaning of Article 26
(Paragraphs 7.2, 7.3, 7.4, 8)