41 MARCKX v. BELGIUM JUDGMENT DISSENTING OPINION OF JUDGE SIR GERALD FITZMAURICE 12. But the reverse is not logically true: indeed, precisely because the one can exist irrespective of the situation in regard to the other, the former (i.e., family life) implies nothing about the latter (i.e., the civil status aspect), and Article 8 (art. 8) does not purport to regulate this, nor can it legitimately be considered to do so by any process of inference: it is inconceivable that a provision intended to regulate or include even one aspect of so important, but distinct, a matter as civil status, would not have been drafted in such a way as to make separate mention of it - or at least of the particular aspect of it concerned - alongside the specific mention of private and family life, home and correspondence. If the two latter heads, for instance, had to be given separate mention, as not being obviously attributable to the notions of private and family life, how much more would this have been required in order to ensure the inclusion (if that was the intention) of such matters as affiliation and civil status, to say nothing of the consequential patrimonial and other economic rights that the Court has read into a provision that is completely devoid of even an indirect indication of them. 13. It has at no time been suggested that there has ever been any lack of respect for the family life of the Marckxes (mother, daughter and blood relations) if the term "family life" is given the meaning it would normally convey (and be confined to) in the understanding of the "man-in-the-street", namely as meaning the day-to-day life of the family in the home, or (in regard to blood relations or friends) in one another’s homes in the course of visits or stays, - in short the notion of the family complex or ménage. The adjunction of the terms "private life", "home" and "correspondence" in the same context in Article 8 (art. 8), very much confirms this view. None of these terms, or that of family life itself, in the least suggests such concepts as those of civil status, doubtful affiliation, patrimonial and property rights, such as the judgment is exclusively concerned with, and which can only by a strained and artificial interpretation be regarded as included in the concepts of private life, family life, home, etc. These are matters belonging to a different order, class or category. 14. The foregoing considerations are strikingly confirmed by reference to the position under the Convention of the institution of marriage - also a matter of civil status, and far more directly related to family life than affiliation. Yet those who drafted the Convention deemed it necessary to devote not merely a separate form of words - not merely a separate sentence or a separate paragraph - but a whole separate provision (Article 12) (art. 12) to the right to marry – and not only the right to marry but also "to found a family". If the right to found a family could not be regarded as being automatically covered by the obligation to respect "private life", etc., how could a right on the part of a natural daughter to be regarded ipso facto as the child of her mother by reason of birth per se, and without specific registration, be considered as falling automatically within that same obligation (to respect private life, etc.), and without the inclusion of any