MARCKX v. BELGIUM JUDGMENT
16
on the point under consideration. In fact, the existence of these two treaties
denotes that there is a clear measure of common ground in this area amongst
modern societies.
The official statement of reasons accompanying the Bill submitted by the
Belgian Government to the Senate on 15 February 1978 (see paragraph 21
above) provides an illustration of this evolution of rules and attitudes.
Amongst other things, the statement points out that "in recent years several
Western European countries, including the Federal Republic of Germany,
Great Britain, the Netherlands, France, Italy and Switzerland, have adopted
new legislation radically altering the traditional structure of the law of
affiliation and establishing almost complete equality between legitimate and
illegitimate children". It is also noted that "the desire to put an end to all
discrimination and abolish all inequalities based on birth is ... apparent in
the work of various international institutions". As regards Belgium itself,
the statement stresses that the difference of treatment between Belgian
citizens, depending on whether their affiliation is established in or out of
wedlock, amounts to a "flagrant exception" to the fundamental principle of
the equality of everyone before the law (Article 6 of the Constitution). It
adds that "lawyers and public opinion are becoming increasingly convinced
that the discrimination against (illegitimate) children should be ended".
42. The Government maintain, finally, that the introduction of the rule
"mater semper certa est" should be accompanied, as is contemplated in the
1978 Bill, by a reform of the provisions on the establishment of paternity,
failing which there would be a considerable and one-sided increase in the
responsibilities of the unmarried mother. Thus, for the Government, there is
a comprehensive problem and any piecemeal solution would be dangerous.
The Court confines itself to noting that it is required to rule only on
certain aspects of the maternal affiliation of "illegitimate" children under
Belgian law. It does not exclude that a judgment finding a breach of the
Convention on one of those aspects might render desirable or necessary a
reform of the law on other matters not submitted for examination in the
present proceedings. It is for the respondent State, and the respondent State
alone, to take the measures it considers appropriate to ensure that its
domestic law is coherent and consistent.
43. The distinction complained of therefore lacks objective and
reasonable justification. Accordingly, the manner of establishing Alexandra
Marckx’s maternal affiliation violated, with respect to both applicants,
Article 14 taken in conjunction with Article 8 (art. 14+8).
B. On the extent in law of Alexandra Marckx’s family relationships