MARCKX v. BELGIUM JUDGMENT
8
- by ten votes to four, "that the situation" complained of "constitutes a
violation of Article 8 (art. 8) of the Convention with respect to the
illegitimate child" as far as, firstly, the "principle of recognition and the
procedure for recognition" and, secondly, the "effects" of recognition are
concerned;
- by nine votes to four with one abstention, that the "simple" adoption of
Alexandra by her mother "has not remedied" the situation complained of in
that "it maintains an improper restriction on the concept of family life", with
the result that "the position complained of constitutes a violation of Article
8 (art. 8) with respect to the applicants";
- by twelve votes with two abstentions, "that the legislation as applied
constitutes a violation of Article 8 in conjunction with Article 14 (art. 14+8)
with respect to the applicants";
- by nine votes to six, that the "Belgian legislation as applied violates
Article 1 of the First Protocol in conjunction with Article 14 (art. 14+P1-1)
of the Convention" with respect to the first, but not to the second, applicant;
- that it is not "necessary" to examine the case under Article 3 (art. 3) of
the Convention;
- unanimously, that "Article 12 (art. 12) is not relevant".
The report contains one separate opinion.
FINAL SUBMISSIONS MADE TO THE COURT
24. At the hearings on 24 October 1978, the Government confirmed the
submission appearing in their memorial, namely:
"That the Court should decide that the facts related by the Commission in its report
do not disclose a violation by the Belgian State, in the case of the applicants Paula and
Alexandra Marckx, of the obligations imposed by the Convention."
The Delegates of the Commission, for their part, made the following
submission at the hearings:
"May it please the Court to decide whether the Belgian legislation complained of
violates, in the case of the applicants, the rights guaranteed to them by Article 8 of the
Convention and Article 1 of Protocol No. 1 (art. 8, P1-1), taken alone or in
conjunction with Article 14 (art. 14+8, art. 14+P1-1) of the Convention."