Information Note on the Court’s case-law No.
February 1997
Van Raalte v. the Netherlands - 20060/92
Judgment 21.2.1997
Article 14
Discrimination
Exemption from obligation to pay contributions under social-welfare scheme applying to unmarried childless women aged 45 or over but not to men in the same position: violation
I.ARTICLE 14 OF THE CONVENTION TAKEN TOGETHER WITH ARTICLE 1 OF PROTOCOL No. 1
Case concerns the right of the State to "secure the payment of taxes or other contributions" and therefore comes within the ambit of Article 1 of Protocol No. 1 - Article 14 of the Convention applicable.
Difference in treatment based on gender - exemption in question ran counter to underlying character of scheme - while State enjoys certain margin of appreciation in introducing exemptions to contributory obligations, Article 14 requires in principle that these apply even-handedly to both men and women -just as women aged 45 or over may give birth, there may be men of 45 or younger who may be unable to procreate - unmarried childless woman aged 45 or over may become eligible for benefits under scheme - argument that to levy contributions from unmarried childless women aged 45 or over would impose unfair emotional burden might equally well apply to unmarried childless men or childless couples - difference in treatment not justified.
Conclusion: violation of Article 14 of the Convention taken together with Article 1 of Protocol No. 1 (unanimously).
II.ARTICLE 50 OF THE CONVENTION
Pecuniary damage: finding of violation does not entitle applicant to retrospective exemption (eight votes to one).
Non-pecuniary damage: judgment in itself sufficient just satisfaction (unanimously).
Costs and expenses: applicant's claims accepted (unanimously).
Conclusion: respondent State to pay specified sum in respect of costs and expenses.
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This summary by the Registry does not bind the Court.
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