47 MARCKX v. BELGIUM JUDGMENT DISSENTING OPINION OF JUDGE SIR GERALD FITZMAURICE application of Article 14 (art. 14) will be fulfilled; and it can then be considered whether the discrimination was justified or not - (for of course not all differences of treatment amount to "discrimination" within the intention of Article 14 (art. 14), - there may be good grounds for them). 24. It has seemed necessary to insist on this because I have the impression - (and I do not state it as higher than that, or as a fact) - that the Court, owing to a natural dislike of any kind of unjustified discrimination, has tended to regard any case of such discrimination as potentially contrary to the Convention on the basis of Article 14 (art. 14) alone, without always first satisfying itself of the existence and applicability of some other Article duly granting the rights that are alleged to have been afforded in a discriminatory manner. The National Union of Belgian Police case (see footnote 11 supra) was a possible example of this. Alternatively, there may be a temptation too readily to reach this necessary conclusion precisely in order to pave the way for the application of Article 14 (art. 14) "in combination with" such other (assumed to be applicable) provision. 25. I repeat, therefore, that unless the rights, the infringement of which is complained of in this case, are rights that rank as "rights set forth in this Convention" as specified by Article 14 (art. 14), the latter Article (art. 14) lacks any authentic field of application; and, even if there has been discrimination, it cannot come into play. Article 14 (art. 14) does not prohibit discrimination as such, or in the absolute sense, even where it is wanting in justification, but prohibits it only "in the enjoyment" of certain particular rights, viz. those provided for by the Convention. The judgment does indeed affect to recognise this where it says (paragraph 32) that "Article 14 (art. 14) safeguards individuals ... from any discrimination in the enjoyment of the rights and freedoms set forth in ... other provisions" (of the Convention). But unfortunately, it reaches the conclusion that such other provisions are applicable in the present case on grounds which I regard as wholly insufficient. 26. This being so, and having regard to my view that the provisions of the Convention and Protocol No. 1 (P1) invoked by the applicants are devoid of any applicability (relevance) to their specific complaints, I am bound to conclude that Article 14 (art. 14) is inapplicable also - "in combination with" such another provision - for there is none with which it can combine so as to become operative itself. V. The inculpation of Belgian law: the "in abstracto" question: the "margin of appreciation" question 27. In view of the (to me) total inapplicability of the provisions invoked by the applicants to the class of complaints they make against the defendant Government, it would be otiose, and indeed inappropriate, for me to