Ms. Paula Marckx, being unmarried, gave birth to a daughter in 1973. Under Belgian law, no legal bond between an unmarried mother and her child resulted from the mere fact of birth. To create the bond, the mother had either to recognise maternity in specific proceedings or to adopt the child. In both cases, the child's inheritance rights remained less than those a child born in marriage received automatically.
Judges O’Donoghue, Thór Vilhjálmsson, Fitzmaurice, Bindschedler-Robert, Matscher and Pinheiro Farinha filed separate dissents concerning various points of the judgment.
Aftermath
In 1987, Belgium amended its Civil Code, and in 1988, the Committee of Ministers of the Council of Europe decided that Belgium has exercised its functions under Article 54 of the Convention in this case.
References
"Case of Marckx v. Belgium". European Court of Human Rights. 13 June 1979.
"Resolution DH (88) 3". Committee of Ministers of the Council of Europe. 4 March 1988.
Literature
Goldbacher M. D. A People's History of the European Court of Human Rights. 2007. ISBN978-0-8135-3983-6. pp. 15–25
marckx, belgium, marckx, belgium, application, 6833, landmark, case, family, decided, european, court, human, rights, 1979, contents, facts, judgment, aftermath, references, literature, linksfacts, editms, paula, marckx, being, unmarried, gave, birth, daughter. Marckx v Belgium application No 6833 74 was a landmark case in family law decided by the European Court of Human Rights in 1979 Contents 1 Facts 2 Judgment 3 Aftermath 4 References 5 Literature 6 LinksFacts EditMs Paula Marckx being unmarried gave birth to a daughter in 1973 Under Belgian law no legal bond between an unmarried mother and her child resulted from the mere fact of birth To create the bond the mother had either to recognise maternity in specific proceedings or to adopt the child In both cases the child s inheritance rights remained less than those a child born in marriage received automatically Judgment EditThe Court held that there had been breaches of Article 8 of the European Convention on Human Rights private and family life Article 14 of the Convention non discrimination taken in conjunction with Article 8 Article 14 taken in conjunction with Article 1 of Protocol No 1 property rights and no breach of Article 1 of Protocol No 1 taken alone The Court awarded no compensation to the applicants Judges Balladore Pallieri Pedersen Ganshof van der Meersch Evrigenis Pinheiro Farinha and Eduardo Garcia de Enterria filed a joint dissent concerning refusal of compensation Judges O Donoghue Thor Vilhjalmsson Fitzmaurice Bindschedler Robert Matscher and Pinheiro Farinha filed separate dissents concerning various points of the judgment Aftermath EditIn 1987 Belgium amended its Civil Code and in 1988 the Committee of Ministers of the Council of Europe decided that Belgium has exercised its functions under Article 54 of the Convention in this case References Edit Case of Marckx v Belgium European Court of Human Rights 13 June 1979 Resolution DH 88 3 Committee of Ministers of the Council of Europe 4 March 1988 Literature EditGoldbacher M D A People s History of the European Court of Human Rights 2007 ISBN 978 0 8135 3983 6 pp 15 25Links EditRole of the European Court of Human Rights Paula Marckx case Federal Public Service Foreign Affairs This human rights related article is a stub You can help Wikipedia by expanding it vte This parenting article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Marckx v Belgium amp oldid 1084801132, wikipedia, wiki, book, books, library,
