45 MARCKX v. BELGIUM JUDGMENT DISSENTING OPINION OF JUDGE SIR GERALD FITZMAURICE allegation of non-compliance with a particular clause, it is necessary that the language of that clause itself should justify the inference drawn from it or the assumption it is said to warrant; - and here it is abundantly clear that no draftsman intending to include, or instructed to include, within the scope of any clause, rights to inherit property, or dispose of it by will, deed or gift, would rest content with merely providing for the "peaceful enjoyment of ... possessions" or referring to the "use" of property - a very ambiguous and uncertain term. 19. Moreover - and this point is important enough to deserve a separate paragraph - the reference to the "use of property", in the second paragraph of Article 1 of the Protocol (P1-1), is not even made in connection with the conferment of a right, but on the contrary for the purpose of limiting the scope of a right - namely, the right of peaceful enjoyment of possessions that is conferred. The second paragraph of the Article in short grants no rights to the individual but withholds them. This alone is sufficient to destroy the validity of the reliance which the judgment places on the reference to the use of property as justifying an interpretation of the phrase "enjoyment of ... possessions" so as to impart to it a radical extension of its actual scope. 20. The truth of the matter - as would be obvious to anyone not intent on this scope-extending process - is that the chief, if not the sole object of Article 1 of the Protocol (P1-1) was to prevent the arbitrary seizures, confiscations, expropriations, extortions, or other capricious interferences with peaceful possession that many governments are - or frequently have been - all too prone to resort to. To metamorphose it into a vehicle for the conveyance of rights that go far beyond the notion of the peaceful enjoyment of possessions, even if they are connected with property, is to inflate it altogether beyond its true proportions. This is not a worthy or becoming basis on which to find a Government guilty of a violation of the Convention. 21. It has to be concluded therefore that, no more than in the case of Article 8 (art. 8) of the Convention, does Article 1 of the Protocol (P1-1), rationally interpreted, have any application to the type of complaint which is the subject of the present case; or to the elements, quite extraneous to its true meaning and intention, that the Court has seen fit to read into it. 22. The conclusion thus reached in regard to Article 8 (art. 8) of the Convention and Article 1 of the Protocol (P1-1) automatically entails that Article 14 (art. 14) of the Convention - (the no-discrimination- in-theenjoyment-of-the-Conventional-rights-and-freedoms clause) - becomes inapplicable also, because the only conditions in which it could legitimately be applied turn out to be lacking. This however requires fuller explanation and I now come to that.