1
MARCKX v. BELGIUM JUDGMENT
In the Marckx case,
The European Court of Human Rights, taking its decision in plenary
session in application of Rule 48 of the Rules of Court and composed of the
following judges:
Mr. G. BALLADORE PALLIERI, President,
Mr. G. WIARDA,
Mr. M. ZEKIA,
Mr. P. O’DONOGHUE,
Mrs H. PEDERSEN,
Mr. Thór VILHJÁLMSSON,
Mr. W. GANSHOF VAN DER MEERSCH,
Sir Gerald FITZMAURICE,
Mrs D. BINDSCHEDLER-ROBERT,
Mr. D. EVRIGENIS,
Mr. G. LAGERGREN,
Mr. F. GÖLCÜKLÜ,
Mr. F. MATSCHER,
Mr. J. PINHEIRO FARINHA,
Mr. E. GARCIA DE ENTERRÍA,
and also Mr. M.-A. EISSEN, Registrar, and Mr. H. PETZOLD, Deputy
Registrar,
Having deliberated in private on 25 and 26 October 1978 and from 24 to
27 April 1979,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The Marckx case was referred to the Court by the European
Commission of Human Rights ("the Commission"). The case originated in
an application against the Kingdom of Belgium lodged with the
Commission on 29 March 1974 by Ms. Paula Marckx ("the first applicant"),
acting on behalf of herself and of her infant daughter Alexandra ("the
second applicant"), under Article 25 (art. 25) of the Convention for the
Protection of Human Rights and Fundamental Freedoms ("the
Convention").
2. The Commission’s request, to which was attached the report provided
for under Article 31 (art. 31) of the Convention, was filed with the registry
of the Court on 10 March 1978, within the period of three months laid down
by Articles 32 para. 1 and 47 (art. 32-1, art. 47). The request referred to
Articles 44 and 48 (art. 44, art. 48) and to the declaration made by the