By Sally Ding on May 18, 2011
| ID: |
HARP-008 |
| Title: |
Broeks v. The Netherlands |
| Source: |
http://www.unhchr.ch/tbs/doc.nsf |
| Parties: |
Complainants: S. W. M. Broeks; State Party: The Netherlands |
| Dispute Resolution Organ: |
Dispte Resolution Organ UN Human Rights Committee – First optional Protocol to the Covenant on Civil and Political Righs |
| Year: |
1987 |
| Pages: |
0 |
| Author(s): |
|
| Keywords: |
disability, discrimination, equality before the law, gender equality, human rights, law, non-discrimination, social equality, the Netherlands, unemployment |
| Abstract: |
Mrs. Broeks was a nurse, who was married at the time that she was terminated because of disability. She is no longer married. After a certain time, the Netherlands law decreed that she was no longer to receive unemployment payments. Mrs. Broeks claims that, under existing law (Unemployment Benefits Act (WWV), sect. 13, subsect. 1 (1), and Decree No. 61 452/IIIa of 5 April 1976, to give effect to sect. 13, subsect. 1 (1), of the Unemployment Benefits Act) an unacceptable distinction has been made on the grounds of sex and status. She bases her claim on the following: if she were a man, married or unmarried, the law in question would not deprive her of unemployment benefits. Because she is a woman, and was married at the time in question, the law excludes her from continued unemployment benefits. This, she claims, makes her a victim of a violation of article 26 of the Covenant on the grounds of sex and status. She claims that article 26 of the International Covenant on Civil and Political Rights was meant to give protection to individuals beyond the specific civil and political rights enumerated in the Covenant. |
| Secured: |
False |
| Download Article: |
Available here |
Posted in 1987 | Tagged disability, discrimination, equality before the law, gender equality, human rights, law, non-discrimination, social equality, the Netherlands, unemployment