I would note here that, given the need under section 5 to establish that no other legal remedy is adequate and available, it is likely that that applicant will have also obtained a finding of constitutionality prior to the declaration of incompatibility. Accordingly, the non-obligatory nature of the declaration of incompatibility, the ex gratia nature of any damages received (whether or not substantial) and, importantly, the recognition that the impugned domestic provision was constitutional, are likely to be considered equivocal and ambiguous acknowledgements by the State of a breach of the Convention. As such a successful section 5 application would not prevent an individual from continuing to claim to be a victim of a violation of the Convention in Strasbourg.