Applicant name Marckx
Applicant type Natural person
Country Belgium
Decision no. 6833/74
Date 29/09/1975
Institution Commission
Type Decision
Outcome Art. 8 Admissible
Type of privacy Economic privacy; family privacy
Keywords Inheritance law discriminatory
Facts of the case Belgian inheritance law differentiates between, inter alia, children born in and out of wedlock.
Analysis This decision leads up to the famous Marckx court case. The Commission stresses that there are two conditions for ‘family life’ to exist, namely (1) whether the persons concerned were related and (2) whether it was in fact possible to point to such a link as can “be considered to establish family life within the meaning of Article 8”. Both conditions were satisfied in this case, because the mother had recognised and adopted her child, lives with her and is bringing her up. It finds that there are complex issues that merrit determination by the Court, both with respect to Articles 8, 12 and 14 ECHR.
Documents Decision