Application of international provisions concerning maternal health in the Netherlands

Country: Netherlands
Body: Administrative High Court
Case number: Judgment LJN AL0666
Year of judgement: 1996
PDF of decision

In force until 1996, Article 3(a) of “Besluit ziekenhuisverpleging ziekenfondsverzekering” (Decree  on health insurance and hospital care) required personal contributions from women towards the cost of postnatal care. Moreover, according to the explanatory note (“toelichting”) accompanying this Decree, personal contributions would also include postnatal care in hospitals regardless of whether or not this care was prescribed by a doctor.

After consulting the ILO with regards to the interpretation of Article 3(a) in light of ILO standards on maternity protection, namely Conventions No.103 and 102 , the article was repealed to comply with international standards in particular Convention No.103 and the European Code on Social Security.

Significance

ILO Conventions 102 and 103 were determined to have direct effect in the Dutch, in conformity to article 93 and 94 of the Constitution. Following the direct requests from the Dutch government to the ILO Committee of Experts on the Applications of Conventions and Recommendation (CEACR), the legislative body repealed Article 3(a) to comply with international standards in particular Convention No.103 and the European Code on Social Security.

 

Case Title: F.M.M. C., W.P.M. B. and A.J.C. A. vs. Regional Health Insurance Foundation

Date of Document: 29 May 1996, [Link to the official record, Dutch only]

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