Appeals court rules Dutch State is not required to cover contraception costs

The government does not have to provide women with free hormonal contraception, ruled the Court of Appeals in The Hague on Tuesday. The ruling was an appeal to a lower court ruling that dismissed a lawsuit filed by five civic organizations attempting to force the Dutch State to cover the costs of women's birth control.

These organizations insisted on free contraception for all women, potentially through the basic health insurance package. They initiated legal action, citing indirect discrimination as primarily women bear the financial costs of contraceptives like the pill or coil. The organizations argued that it is the State's duty to eliminate this form of discrimination.

Already in October 2021, the District Court in The Hague rejected this claim, and ruled that it was up to politicians, not the courts, to decide whether the government should cover contraception costs. The five organizations which filed the suit include Stichting Clara Wichmann, Stichting DeGoedeZaak, Vereniging Nederlandse Vrouwen Raad, Stichting WOMEN Inc., and Vereniging Humanistisch Verbond. They later filed an appeal.

On Tuesday, the higher court upheld the ruling, stating that the government is not required to offer compensation. According to the court, the report used by the organizations did not substantiate the claim that "women in particular bear the costs of contraception." The court also noted that the Dutch State does not cause "any indirect discrimination." The court previously ruled that human rights treaties do not guarantee the right to free contraception.

The government removed the birth control pill - the most commonly used contraceptive in the Netherlands - from the basic health insurance package in 2011, saying that there was no medical necessity for it. Girls under the age of 18 are still reimbursed for the pill under the basic insurance, and between the ages of 18 and 21 the costs are covered from the healthcare deductible. But women over the age of 21 have to pay for the pill themselves.

The plaintiffs have a three-month window to appeal this decision and request a hearing before the Supreme Court.