Marckx Case

Abstract

The individual in international law — Human rights and freedoms — Right to respect for family life — Illegitimate child — Whether law restricting rights of illegitimate child and restricting mother's right to adopt child a denial of respect for family life — European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 8

Right to peaceful enjoyment of possessions — Whether including right to leave estate to illegitimate child — First Protocol, Article 1

Prohibition of degrading treatment — Whether legal restrictions on illegitimate family degrading, Convention, Article 3

Right to found a family — Whether infringed — Convention, Article 12

Discrimination — Whether discrimination between legitimate and illegitimate children objectively justifiable — Convention, Article 14

Procedure — Whether Applicants “victims” of a violation of the Convention — Convention, Article 25 — Damages — Whether declaration constituting “just satisfaction” — Whether award of token damages appropriate — Convention, Article 50

Treaties — Interpretation — Need to interpret Convention in light of present day circumstances and requirements