55 MARCKX v. BELGIUM JUDGMENT PARTLY DISSENTING OPINION OF JUDGE MATSCHER the birth on the register, does not amount to an appreciable hardship and is in no way humiliating for those concerned. It follows that in the instant case there is also no violation of Article 14 taken in conjunction with Article 8 (art. 14+8) of the Convention. II. The scope of articles 8 (art. 8) of the Convention and 1 of Protocol no. 1 (P1-1), taken alone, and of article 14 of the Convention, taken in conjunction with article 8 (art. 14+8) and with article 1 of Protocol no. 1 (art. 14+P1-1), as regards certain patrimonial rights There seems to me to be no doubt that the rules on voluntary dispositions and inheritance between near relatives are an important aspect of family life within the meaning of Article 8 (art. 8). On the other hand, it would be difficult to maintain that respect for family life requires that these rules should be so organised as to leave the persons concerned unlimited freedom to dispose of their property. In fact, in all the Contracting States these matters are subject to restrictions, which in some cases are considerable. However, the imposition of special restrictions as regards children born out of wedlock constitutes, in the absence of objective and reasonable grounds, discrimination within the meaning of Article 14 taken in conjunction with Article 8 (art. 14+8) of the Convention. On this point I fully approve of the Court’s reasoning and agree with its conclusions in the present case. On the other hand, I have doubts as to whether the rules on voluntary dispositions and inheritance between relatives, that is the freedom to dispose of property inter vivos or mortis causa, are also covered by the right to the peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1 (P1-1). I incline to the view that this provision has completely different aims (the protection of the right of property against interference by the public authorities, the form of expropriation or other restrictions on the use of property similar in their effects). Moreover - and contrary to the opinion expressed on this matter in the reasons set out in the judgment (paragraph 63) -, the travaux préparatoires on Article 1 of Protocol No. 1 (P1-1), although not very explicit in this respect, also seem to confirm this opinion. It follows that, as Article 1 (P1-1) is not applicable, there can also be no question in the instant case of a violation of Article 14 taken in conjunction with Article 1 of Protocol No. 1 (art. 14+P1-1). Furthermore, once the applicability of Article 8 (art. 8) of the Convention and the violation of Article 14, taken in conjunction with Article 8 (art. 14+8), are established I see no advantage in ascertaining whether the provisions of Belgian law complained of could be assessed under Article 1

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