MARCKX v. BELGIUM JUDGMENT 30 JOINT DISSENTING OPINION OF JUDGES BALLADORE PALLIERI, PEDERSEN, GANSHOF VAN DER MEERSCH, EVRIGENIS, PINHEIRO FARINHA AND GARCIA DE ENTERRIA ON THE APPLICATION OF ARTICLE 50 (art. 50) the Golder case, the applicant has submitted no request for just satisfaction and the Court itself had raised the issue of its own motion (the abovementioned judgment of 21 February 1975, ibid.). In our view, a determination that the Court’s finding of a violation of rights constitutes just satisfaction for the injured party cannot be grounded, without more, on a decision of principle of general application; we consider that both the assessment of what would be just to afford as satisfaction to the injured party and the form to be given to that satisfaction must depend on the particular facts and circumstances of each case. In the present case, Alexandra was spared, by reason of her tender age at the time when the relevant decisions had to be taken, the anxiety, pangs and anguish involved in the determination of her legal status and the consequences which it was to entail for the future. Although it was her mother who bore the burden, the effects of the discrimination to which Alexandra was subjected persisted, even after her adoption; this inclines us to the view that there are good grounds for affording to Alexandra as well just satisfaction - that is the sum of one Belgian franc - distinct from the simple decision of principle represented by the finding of violation of her rights. Paula Marckx and her daughter have kept their request for compensation to the strict financial minimum. This extreme moderation is prompted by their common desire, born of a concern for dignity and reticence, not to take financial advantage of the unfortunate situations in which they were placed by the legal system that was applicable to them. Their claim is for token satisfaction but such satisfaction, due as compensation for moral damage, must retain a personal character adapted to the effects of the law in their particular case; it is based, in the case of Ms. Paula Marckx and her daughter, on the damage they have suffered and on the interest they have in being recognised individually as victims of the legal situation brought about by the State. What is more, neither in the Convention nor in the principles of international law are there to be found any rules preventing the grant, on such facts, of a token satisfaction appropriate to the individual concerned.