51 MARCKX v. BELGIUM JUDGMENT PARTLY DISSENTING OPINION OF JUDGE BINDSCHEDLER-ROBERT PARTLY DISSENTING OPINION OF JUDGE BINDSCHEDLER-ROBERT (Translation) My opinion differs from that of the Court on two points: I consider firstly that, as regards the establishment of Alexandra Marckx’s maternal affiliation, there has not been breach of Article 8 (art. 8), taken either alone or in conjunction with Article 14 (art. 14+8), with respect to Paula Marckx, and secondly that Article 1 of Protocol No. 1 (P1-1) is not applicable in this field so that, contrary to the Court’s finding, there is no possibility of a violation of this Article (P1-1), even in conjunction with Article 14 (art. 14+P1-1). Generally speaking I share the views expressed by my colleague Mr. Matscher as to the scope of Article 8 (art. 8) in the matter of affiliation and as to the applicability of Article 1 of Protocol No. 1 (P1-1); to this extent I agree with the considerations appearing in his dissenting opinion. I disagree with him, however, over the assessment of the situation of the child Alexandra Marckx with respect to the establishment of affiliation both as regards Article 8 (art. 8), taken alone, and as regards Article 14 read together with Article 8 (art. 14+8). On these two points I voted with the majority. In fact I consider that mother and child are in very different situations. Firstly, concerning Article 8 (art. 8), I observe that, although it is very easy for the mother, from the point of view of the necessary formalities, to recognise the child, and to do so from the moment of the birth, and although consequently there is no real obstacle or legal impediment to her establishing the bond of affiliation with her child - I do not see such an obstacle or impediment in the dilemma with which a mother is faced by reason of the limitations on patrimonial rights entailed by recognition and which is due to a lack of co-ordination in the legal rules and not to an intention on the part of the legislature to discourage the recognition of "illegitimate" children by their mother -, the child, on the other hand, is entirely dependent as regards his status on the will of a third person: his mother’s decision whether or not to recognise him, or a possible decision by his guardian - which moreover implies the consent of the family council - to institute proceedings to establish maternal affiliation. Owing to this insecurity, it cannot be said that a child born out of wedlock enjoys as regards his family life the protection intended by Article 8 (art. 8). In the case before us these are not purely theoretical considerations since, for the first thirteen days of her life, the child Alexandra had no legal bond of affiliation with her mother and was exposed to the risks attendant on this situation. That this was due to the mother’s failure to act is not relevant here. It can accordingly be conceded that, at least as far as this period is