MARCKX v. BELGIUM JUDGMENT 24 (P1-1). Indeed, the right to dispose of one’s property constitutes a traditional and fundamental aspect of the right of property (cf. the Handyside judgment of 7 December 1976, Series A no. 24, p. 29, para. 62). 64. The second paragraph of Article 1 (P1-1) nevertheless authorises a Contracting State to "enforce such laws as it deems necessary to control the use of property in accordance with the general interest". This paragraph thus sets the Contracting States up as sole judges of the "necessity" for such a law (above-mentioned Handyside judgment, ibid). As regards "the general interest", it may in certain cases induce a legislature to "control the use of property" in the area of dispositions inter vivos or by will. In consequence, the limitation complained of by the first applicant is not of itself in conflict with Protocol No. 1. 65. However, the limitation applies only to unmarried and not to married mothers. Like the Commission, the Court considers this distinction, in support of which the Government put forward no special argument, to be discriminatory. In view of Article 14 (art. 14) of the Convention, the Court fails to see on what "general interest", or on what objective and reasonable justification, a State could rely to limit an unmarried mother’s right to make gifts or legacies in favour of her child when at the same time a married woman is not subject to any similar restriction. In other respects, the Court refers, mutatis mutandis, to paragraphs 40 and 41 above. Accordingly, there was on this point breach of Article 14 of the Convention, taken in conjunction with Article 1 of Protocol No. 1 (art. 14+P1-1), with respect to Paula Marckx. D. On the alleged violation of Articles 3 and 12 (art. 3, art. 12) of the Convention 66. The applicants claim that the legislation they complain of entails an affront to their dignity as human beings; they contend that it subjects them to "degrading treatment" within the meaning of Article 3 (art. 3). The Government contest this. The Commission, for its part, did not consider that it had to examine the case under this Article (art. 3). In the Court’s judgment, while the legal rules at issue probably present aspects which the applicants may feel to be humiliating, they do not constitute degrading treatment coming within the ambit of Article 3 (art. 3). 67. In its report of 10 December 1977, the Commission expresses the opinion that Article 12 (art. 12), which concerns "the right to marry and to found a family", is not relevant to the present case. The applicants, on the other hand, maintain their view that the Belgian Civil Code fails to respect, in the person of Paula Marckx, the right not to marry which, in their submission, is inherent in the guarantee embodied in Article 12 (art. 12). They argue that in order to confer on Alexandra the status of a "legitimate" child, her mother would have to legitimate her and,

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