ID: |
HARP-018 |
Title: |
Pauger v. Austria |
Source: |
http://www.unhchr.ch/tbs/doc.nsf |
Parties: |
Complainants: Dietmar Peuger; State Party: Austria |
Dispute Resolution Organ: |
UN Human Rights Committee – First optional Protocol to the Covenant on Civil and Political Rights |
Year: |
1992 |
Pages: |
0 |
Author(s): |
|
Keywords: |
anti-discrimination, Austria, discrimination, employment, equality before the law, gender equality, human rights, non-discrimination, pension, social equality |
Abstract: |
The complainant found that in Austria a pensioner-widower did not have access to his deceased wife’s pension if he were gainfully employed, whereas a widow would have access to her deceased husband’s pension, regardless of her employment status. The author claims to be a victim of a violation of article 26 of the Covenant, because, whereas a widow would have received a full pension under similar circumstances, he, as a widower, received no pension at all from 24 June 1984 to 28 February 1985, and has received only a partial pension since then. In particular, he contends that the inequality in pension benefits resulting from the three phases of implementation of the eighth amendment to the Pension Act constitutes discrimination, since the differentiation between widows and widowers is arbitrary and cannot be said to be based on reasonable and objective criteria. |
Secured: |
False |
Download Article: |
Available here |
Keywords: anti-discrimination, Austria, discrimination, employment, equality before the law, gender equality, human rights, non-discrimination, pension, social equality