25
MARCKX v. BELGIUM JUDGMENT
hence, to contract marriage. The Court notes that there is no legal obstacle
confronting the first applicant in the exercise of the freedom to marry or to
remain single; consequently, the Court has no need to determine whether the
Convention enshrines the right not to marry.
The fact that, in law, the parents of an "illegitimate" child do not have the
same rights as a married couple also constitutes a breach of Article 12 (art.
12) in the opinion of the applicants; they thus appear to construe Article 12
(art. 12) as requiring that all the legal effects attaching to marriage should
apply equally to situations that are in certain respects comparable to
marriage. The Court cannot accept this reasoning; in company with the
Commission, the Court finds that the issue under consideration falls outside
the scope of Article 12 (art. 12).
Accordingly, Article 12 (art. 12) has not been infringed.
E. On the application of Article 50 (art. 50) of the Convention
68. At the hearing on 24 October 1978, Mrs. Van Look asked the Court
to award each applicant, under Article 50 (art. 50) of the Convention, one
Belgian franc as compensation for moral damage. The Government did not
advert to the matter.
The Court regards the question as being ready for decision (Rule 50 para.
3, first sentence, of the Rules of Court, read in conjunction with Rule 48
para. 3). In the particular circumstances of the case, the Court is of the
opinion that it is not necessary to afford Paula and Alexandra Marckx any
just satisfaction other than that resulting from the finding of several
violations of their rights.
FOR THESE REASONS, THE COURT
I. ON THE GOVERNMENT’S PRELIMINARY PLEA
1. Holds by fourteen votes to one that the applicants can claim to be
"victims" within the meaning of Article 25 (art. 25) of the Convention;
II. ON THE MANNER OF ESTABLISHING ALEXANDRA MARCKX’S
MATERNAL AFFILIATION
2. Holds by ten votes to five that there has been breach of Article 8 (art. 8)
of the Convention, taken alone, with respect to Paula Marckx;