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Wessels-Bergervoet v. the Netherlands , (34462/97) [2002] ECHR 731 (12 November 2002)

Facts: the Applicant was living in the Netherlands and under the general social security scheme her pension was reduced solely because she was married to a man who worked for nineteen years abroad. Under the same scheme a married man would not have received a similar reduction in benefits.

Complaint: the applicant claimed that the social security scheme constituted discrimination based on sex in violation of Article 14 of the European Convention in conjunction with Article 1 of Protocol 1.

Holding: the ECHR found a violation of article 1 and 14

Reasoning: the difference in treatment, based solely on the fact that the petitioner was a married woman, was not an objective and reasonable justification and therefore constituted a violation of Article 1 of Protocol No. 1 and Article 14 of the Convention.

 

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