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Pepels v. Netherlands
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Discrimination — Sex discrimination — Dutch law providing benefits to widows but not to widowers — Dutch Central Board of Appeal deciding widowers also entitled to benefits — Article 25(3) of Dutch law providing for retroactive grants of benefits — Whether Article 25(3) of Dutch law discriminatory on grounds of sex — Retroactive claim — Applicable date — European Community Directive — Whether date arbitrary — Author seeking to extend period of retroactivity — International Covenant on Civil and Political Rights, 1966 entering into force 11 March 1979 — Direct applicability of Article 26 of Covenant — Whether mode of application of Dutch law violating Article 26 of Covenant from 11 March 1979
International tribunals — United Nations Human Rights Committee — Whether competent to pronounce on retroactive claim — International Covenant on Civil and Political Rights, Article 26
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- © Cambridge University Press 2001