MARCKX v. BELGIUM JUDGMENT PARTLY DISSENTING OPINION OF JUDGE BINDSCHEDLER-ROBERT 52 concerned, the child was a victim of a violation of Article 8 (art. 8) even if in fact she was not prejudiced. On the question of discrimination in the establishment of affiliation I take the view that, here too, a distinction must be drawn between the mother and the child. Whilst certain differences of legal treatment between married and unmarried mothers cannot be regarded as entirely without foundation as regards the mother, the situation appears to me to be different when it is seen from the viewpoint of respect for the family life of the children and the requirements deriving therefrom; for I consider that the distinction residing in the fact that only children born out of wedlock require to be formally recognised by their mother - or have their affiliation determined by a court for a legal bond of affiliation with the mother to be established lacks objective justification since, as regards the children, no reason can be discerned for treating them differently in this area according to whether they were born in or out of wedlock. The child Alexandra was thus the victim of a discrimination forbidden by the Convention even if her mother was not. In conclusion I would mention that, although in law account has to be taken of the differences in the situation of the mother and child, rectification of the position will necessarily imply solutions applying equally well to both of them; the practical effects of the distinctions drawn thus prove to be very relative if not non-existent.