MARCKX v. BELGIUM JUDGMENT
18
other’s family. Besides, there is nothing to prove the absence of actual
relations between Alexandra and her grandmother before the latter’s death;
in addition, the information obtained at the hearings suggests that Alexandra
apparently has such relations with an aunt.
47. There is thus in this connection violation of Article 8 (art. 8), taken
alone, with respect to both applicants.
2. On the alleged violation of Article 14 of the Convention, taken in
conjunction with Article 8 (art. 14+8)
48. It remains for the Court to determine whether, as regards the extent in
law of Alexandra’s family relationships, one or both of the applicants have
been victims of discrimination in breach of Article 14 taken in conjunction
with Article 8 (art. 14+8). One of the differences of treatment found in this
area between "illegitimate" and "legitimate" children concerns inheritance
rights on intestacy (Article 756 in fine of the Civil Code); the Court’s
opinion on this aspect appears at paragraphs 56 to 59 below. With respect to
the other differences, the Government do not put forward any arguments
beyond those they rely on in connection with the manner of establishing
affiliation (see paragraphs 39 to 42 above). The Court discerns no objective
and reasonable justification for the differences of treatment now being
considered. Admittedly, the "tranquillity" of "legitimate" families may
sometimes be disturbed if an "illegitimate" child is included, in the eyes of
the law, in his mother’s family on the same footing as a child born in
wedlock, but this is not a motive that justifies depriving the former child of
fundamental rights. The Court also refers, mutatis mutandis, to the reasons
set out in paragraphs 40 and 41 of the present judgment.
The distinction complained of therefore violates, with respect to both
applicants, Article 14 taken in conjunction with Article 8 (art. 14+8).
C. On the patrimonial rights relied on by the applicants
49. The Civil Code limits, in varying degrees, the rights of an
"illegitimate" child and his unmarried mother as regards both inheritance on
intestacy and dispositions inter vivos or by will (see paragraphs 17 and 18
above).
Until her recognition on 29 October 1973, the fourteenth day of her life,
Alexandra had, by virtue of Article 756, no inheritance rights on intestacy
over her mother’s estate. On that date she did not acquire the status of
presumed heir (héritière présomptive) of her mother, but merely that of
"exceptional heir" ("successeur irrégulier") (Articles 756-758, 760 and 773).
It was only Alexandra’s adoption, on 30 October 1974, that conferred on her
the rights of a "legitimate" child over Paula Marckx’s estate (Article 365).
Moreover, Alexandra has never had any inheritance rights on intestacy as