| ID: |
HARP-002 |
| Title: |
Araujo-Jongen v. The Netherlands |
| Source: |
http://www.unhchr.ch/tbs/doc.nsf |
| Parties: |
Complainants: C. H. J. Cavalcanti Araujo-Jongen; State Party: The Netherlands |
| Dispute Resolution Organ: |
UN Human Rights Committee – First optional Protocol to the Covenant on Civil and Political Rights |
| Year: |
1993 |
| Pages: |
0 |
| Author(s): |
|
| Keywords: |
equality before the law, gender equality, human rights, non-discrimination, social security, the Netherlands, unemployment benefits |
| Abstract: |
The author claims a violation of article 26. The ‘breadwinner’ distinction prevented her from getting unemployment benefits as a married woman. This provision was successfully challenged in the Broeks case, but the law was only changed retroactively to 1984. The author argues that it should be changed to 1979 to guarantee the benefits equally to men and women back to when the Netherlands signed on to the covenant. Once the law was changed so that the benefits could be applied for retroactively, the author had found new employment, and on that basis was ineligible to apply for her retroactive benefits. |
| Secured: |
False |
| Download Article: |
141_netherlandsvws418.pdf |
Keywords: equality before the law, gender equality, human rights, non-discrimination, social security, the Netherlands, unemployment benefits/insurance
