MARCKX v. BELGIUM JUDGMENT DISSENTING OPINION OF JUDGE SIR GERALD FITZMAURICE 46 IV. The question of the applicability of article 14 (art. 14) of the Convention 23. Article 14 (art. 14) is essentially an auxiliary and dependent provision that cannot function per se, but only in combination with some other Article of the Convention or Protocol9. The only phrase in it that signifies for present purposes is the opening one, which is quite short and reads: "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination ..." 10 I have elsewhere11 stated fully my view as to the correct – and only correct - conditions under which this Article (art. 14) can become operative. Because it has no autonomous field of application of its own - i.e. does not suo motu alone convey any substantive rights, but does so only in combination with some provision of the Convention or Protocol that does convey substantive rights, it can only operate in those cases where some such other provision is in the first place applicable to the claim or complaint made in the case. Consequently, before Article 14 (art. 14) can come into play, even in combination with any other provision of the Convention or Protocol, it must first be shown that rights conferred by these other provisions are involved. Article 14 (art. 14) by its very terms does not forbid discrimination generally but, on the contrary, solely in the context of the enjoyment of the "rights and freedoms set forth in this Convention". Unless therefore some other provision grants or includes the rights claimed by the applicants in the present case, Article 14 (art. 14) can have no sphere of operation. It is not necessary that there should have been an actual breach of such other provision, - only that it be applicable to the case so that the question whether there has been a breach of it can properly be raised - (see paragraphs 3 and 4 above). If it is applicable, then, even if there has been no infringement of it, and it has been duly complied with - nevertheless, if there has been discrimination in the way in which it has been applied, if the claimant in the case has been afforded the rights concerned in a less favourable manner compared with the manner in which other persons or entities have been afforded the same rights, the necessary conditions for the 9 Article 5 (P1-5) of the Protocol provides that its substantive clauses (i.e. its Articles 1 to 4) (P1-1, P1-2, P1-3, P1-4), shall be deemed to be "additional Articles to the Convention", and that "all the provisions of the Convention shall apply accordingly". 10 Article 14 (art. 14) continues "on any ground such as ...", and there follows a list of the usual possible bases of discrimination, by reason of the individual's status or opinions, with general inclusions of "or other status", "or other opinion". The Court has in consequence treated this list as one that only indicates prominent examples, and has regarded every ground of discrimination as covered by the Article, of whatever kind or origin, provided only that it was unjustifiable. 11 Notably in the National Union of Belgian Police case (Judgment of 27 October 1975, Series A no. 19); see paragraphs 18 to 26 of my separate opinion.