MARCKX v. BELGIUM JUDGMENT
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"The enjoyment of the rights and freedoms set forth in this Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status."
The Court’s case-law shows that, although Article 14 (art. 14) has no
independent existence, it may play an important autonomous role by
complementing the other normative provisions of the Convention and the
Protocols: Article 14 (art. 14) safeguards individuals, placed in similar
situations, from any discrimination in the enjoyment of the rights and
freedoms set forth in those other provisions. A measure which, although in
itself in conformity with the requirements of the Article of the Convention
or the Protocols enshrining a given right or freedom, is of a discriminatory
nature incompatible with Article 14 (art. 14) therefore violates those two
Articles taken in conjunction. It is as though Article 14 (art. 14) formed an
integral part of each of the provisions laying down rights and freedoms
(judgment of 23 July 1968 in the "Belgian Linguistic" case, Series A no. 6,
pp. 33-34, para. 9; National Union of Belgian Police judgment of 27
October 1975, Series A no. 19, p. 19, para. 44).
Accordingly, and since Article 8 (art. 8) is relevant to the present case
(see paragraph 31 above), it is necessary also to take into account Article 14
in conjunction with Article 8 (art. 14+8).
33. According to the Court’s established case-law, a distinction is
discriminatory if it "has no objective and reasonable justification", that is, if
it does not pursue a "legitimate aim" or if there is not a "reasonable
relationship of proportionality between the means employed and the aim
sought to be realised" (see, inter alia, the above-cited judgment of 23 July
1968, p. 34, para. 10).
34. In acting in a manner calculated to allow the family life of an
unmarried mother and her child to develop normally (see paragraph 31
above), the State must avoid any discrimination grounded on birth: this is
dictated by Article 14 taken in conjunction with Article 8 (art. 14+8).
A. On the manner of establishing Alexandra Marckx’s maternal
affiliation
35. Under Belgian law, the maternal affiliation of an "illegitimate" child
is established neither by his birth alone nor even by the entry - obligatory
under Article 57 of the Civil Code - of the mother’s name on the birth
certificate; Articles 334 and 341a require either a voluntary recognition or a
court declaration as to maternity. On the other hand, under Article 319, the
affiliation of a married woman’s child is proved simply by the birth
certificate recorded at the registry office (see paragraph 14 above).
The applicants see this system as violating, with respect to them, Article
8 (art 8) of the Convention, taken both alone and in conjunction with Article