Marckx v. Belgium
European Court of Human Rights
2 Eur. H.R. Rep. 330 (1979)
- Written by Meredith Hamilton Alley, JD
Facts
The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950 convention), also known as the European Convention on Human Rights, was drafted in 1950. At that time, the laws of several European countries discriminated against children who were born outside of marriage. By 1979, the laws of most European countries recognized the doctrine of mater semper certa est, which meant that the woman who gave birth to a child was the mother of the child. However, only a handful of European countries had adopted the European Convention of 15 October 1975 on the Legal Status of Children Born Out of Wedlock (1975 convention), which recognized the doctrine of mater semper certa est and provided that the father of a nonmarital child was a man who voluntarily claimed fatherhood of the child or a man who was declared to be the father by a court.
Rule of Law
Issue
Holding and Reasoning ()
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