MARCKX v. BELGIUM JUDGMENT
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intimately connected with family life. Family life does not include only
social, moral or cultural relations, for example in the sphere of children’s
education; it also comprises interests of a material kind, as is shown by,
amongst other things, the obligations in respect of maintenance and the
position occupied in the domestic legal systems of the majority of the
Contracting States by the institution of the reserved portion of an estate
(réserve héréditaire). Whilst inheritance rights are not normally exercised
until the estate-owner’s death, that is at a time when family life undergoes a
change or even comes to an end, this does not mean that no issue
concerning such rights may arise before the death: the distribution of the
estate may be settled, and in practice fairly often is settled, by the making of
a will or of a gift on account of a future inheritance (avance d’hoirie); it
therefore represents a feature of family life that cannot be disregarded.
53. Nevertheless, it is not a requirement of Article 8 (art. 8) that a child
should be entitled to some share in the estates of his parents or even of other
near relatives: in the matter of patrimonial rights also, Article 8 (art. 8) in
principle leaves to the Contracting States the choice of the means calculated
to allow everyone to lead a normal family life (see paragraph 31 above) and
such an entitlement is not indispensable in the pursuit of a normal family
life. In consequence, the restrictions which the Belgian Civil Code places on
Alexandra Marckx’s inheritance rights on intestacy are not of themselves in
conflict with the Convention, that is, if they are considered independently of
the reason underlying them. Similar reasoning is to be applied to the
question of voluntary dispositions.
54. On the other hand, the distinction made in these two respects between
"illegitimate" and "legitimate" children does raise an issue under Articles 14
and 8 (art. 14+8) when they are taken in conjunction.
55. Until she was adopted (30 October 1974), Alexandra had only a
capacity to receive property from Paula Marckx (see paragraph 49 above)
that was markedly less than that which a child born in wedlock would have
enjoyed. The Court considers that this difference of treatment, in support of
which the Government put forward no special argument, lacks objective and
reasonable justification; reference is made, mutatis mutandis, to paragraphs
40 and 41 above.
However, the Government plead that since 30 October 1974 the second
applicant has had, vis-à-vis the first applicant, the patrimonial rights of a
"legitimate" child; they therefore consider it superfluous to deal with the
earlier period.
This argument represents, in essence, no more than one branch of the
preliminary plea that has already been set aside (see paragraphs 26 and 27
above). Moreover, in common with the Commission, the Court finds that
the need to have recourse to adoption in order to eliminate the said
difference of treatment involves of itself discrimination. As the applicants
emphasised, the procedure employed for this purpose in the present case is