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CCPR/C/141/D/3595/2019

V.K. v. Latvia

UNO-Menschenrechtsausschuss (CCPR) · 2024-07-19 · en UN

Inadmissibility decision; Subjects: CIVIL AND POLITICAL RIGHTS, LATVIA; [CCPR: UNO-Pakt II, Internationaler Pakt über bürgerliche und politische Rechte; Pacte international relatif aux droits civils et politiques; Patto II]

Volltext (verifizierbarer Originaltext)

GE.24-13700 (E) 210824 230824

Human Rights Committee

Decision adopted by the Committee under the Optional

Protocol, concerning communication No. 3595/2019*, **

Communication submitted by:

V.K. (not represented by counsel)

Alleged victims:

The author and A.K.

State party:

Latvia

Date of communication:

19 July 2018 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the

Committee’s rules of procedure, transmitted to

the State party on 30 April 2019 (not issued in

document form)

Date of adoption of decision:

19 July 2024

Subject matter:

Spelling of the name of one of the alleged

victims according to Latvian orthography on

identity documents

Procedural issues:

Exhaustion of domestic remedies; substantiation

of claims; victim status

Substantive issues:

Right to privacy and family life; discrimination

on the basis of language; right to use own

language

Articles of the Covenant:

17, 26 and 27

Articles of the Optional Protocol:

1, 2 and 5 (2) (b)

1.

The author of the communication is V.K., a national of Latvia born in 1971. He

submits the complaint on his own behalf and on behalf of his minor son, A.K., born in 2011.

The author claims that the State party has violated his and his son’s rights under articles 17,

26 and 27 of the Covenant. The Optional Protocol entered into force for the State party on

22 September 1994. The author is not represented by counsel.

Facts as submitted by the author

2.1

The author is a Latvian national of Russian ethnicity. His wife is a Latvian national of

Belarusian ethnicity. Their son, A.K., was born on 20 June 2011. On 18 July 2011, the author

* Adopted by the Committee at its 141st session (1–23 July 2024).

** The following members of the Committee participated in the examination of the communication:

Tania María Abdo Rocholl, Wafaa Ashraf Moharram Bassim, Rodrigo A. Carazo, Yvonne Donders,

Mahjoub El Haiba, Carlos Gómez Martínez, Laurence R. Helfer, Marcia V.J. Kran, Bacre Waly

Ndiaye, Hernán Quezada Cabrera, José Manuel Santos Pais, Soh Changrok, Tijana Šurlan, Kobauyah

Tchamdja Kpatcha, Teraya Koji, Hélène Tigroudja and Imeru Tamerat Yigezu.

United Nations

CCPR/C/141/D/3595/2019

International Covenant on

Civil and Political Rights

Distr.: General

23 August 2024

Original: English

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GE.24-13700

requested the Civil Registry Office of the Ziemeļu district of Riga to include the

transliteration from the Russian alphabet to the Roman alphabet of his son’s first name and

surname as an additional entry in the birth register and on his son’s birth certificate. The

possibility of including an additional entry of this kind is provided for under section 19 (2)

of the Official Language Law. On 25 July 2011, the Civil Registry Office dismissed the

author’s request, finding that the name of the author’s son could only be recorded in Latvian.

The author’s subsequent appeals to the District Administrative Court, the Regional

Administrative Court, the Supreme Court and the Constitutional Court concerning the

decision not to allow the inclusion of the transliteration of his son’s first name were dismissed

on 8 January 2013, 27 June 2016 and 18 January and 20 July 2017, respectively. The Regional

Administrative Court terminated the proceedings concerning the claim as to the

transliteration of the author’s son’s surname, as, by that point, the author had received a birth

certificate for his son that included the transliterated form of the surname, in accordance with

his request.

2.2

In its decision of 18 January 2017, the Supreme Court noted that, under section 19 (2)

of the Official Language Law, the inclusion of the transliterated form of a name is allowed if

the applicant can provide documents indicating previous use of the name. It noted that that

possibility was provided for in order to minimize the inconvenience caused to the person and

to facilitate the identification of a person whose name in one personal identity document

differed from that used in another personal identity document previously issued for that same

person. It noted that the aim of allowing the inclusion of the transliterated form of a name

was to prevent misunderstandings regarding the identification of a person and that, under

domestic legislation, transliteration was not intended for any other purpose. It noted that the

author had referred to the Committee’s findings in Raihman v. Latvia1 but found that the facts

differed between that case and the author’s case, as, in the former, the name of the author had

been used in its original form for a very long period of time on official documents before

being unilaterally changed by the authorities. The Supreme Court further found that the

regulatory framework in the State party had a legitimate purpose, which was the protection

of the role of the official language. The author subsequently submitted a constitutional

complaint to the Constitutional Court. On 20 July 2017, the Constitutional Court decided not

to initiate a case.

Complaint

3.1

The author claims that his and his son’s rights have been violated under article 17 of

the Covenant. He refers to the Committee’s jurisprudence2 and notes that the right to retain

one’s name and to have that name officially recognized as part of one’s identity is an integral

part of the right to privacy and family life. He argues that the lack of official recognition of

minority first names, including by not including them as an additional entry on personal

identity documents, gives rise to doubts over the State party’s respect for minority identities.

He argues that the unilateral modification of his son’s first name amounts to an arbitrary

interference with their right to privacy and that such interference is not in pursuit of a

legitimate aim. While he notes that interference in the form of altering the name given in the

main entry on an identity document could be argued to be necessary to protect the Latvian

language and its proper functioning as an integral system, he claims that there is no legitimate

aim in denying the possibility of indicating the transliterated form of the name elsewhere on

the document. The author further submits that domestic legislation regarding the

transliteration of names is arbitrary. Whether the transliteration of his son’s first name is

included as an additional entry on his birth certificate has no impact on other individuals’

ability to freely use the Latvian language in their daily lives. In addition, he claims that the

refusal to include the transliteration of his son’s first name creates inconveniences in their

daily lives, as having a first name on his son’s identity documents that is different from that

used by the family may raise problems and doubts when his son is required to prove his

identity.

1 Raihman v. Latvia (CCPR/C/100/D/1621/2007).

2 Raihman v. Latvia; and Bulgakov v. Ukraine (CCPR/C/106/D/1803/2008).

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3.2

The author also claims that his and his son’s rights have been violated under article 26

of the Covenant. He notes that, although the State party considers its domestic legislation to

be neutral, it can still result in discrimination on the grounds of language and ethnicity.

Persons belonging to the Russian-speaking minority are not even afforded the possibility of

adding a transliteration of their first name to official records, as to do this, the authorities

require evidence of previous use that it is impossible for them to provide if they were born in

Latvia and have a Latvian birth certificate. He notes that this rule has a negative impact on

the Russian-speaking community, which makes up one third of the population.

3.3

The author further claims that his and his son’s rights have been violated under

article 27 of the Covenant. He argues that the refusal to accept the transliteration of his son’s

first name amounts to a denial of the right to use their own language with other members of

the community. He argues that a name, including a first name and the spelling thereof, is an

essential element in the culture of many ethnic, religious and linguistic communities,

indicating a person’s ethnic, religious or linguistic identity. He argues that the State party has

an obligation to create a system of transliteration that would allow the first name of a person

belonging to a minority group to be maintained and used officially, even if the name is not

integrated into the grammatical system of the State party’s official language.

State party’s observations on admissibility and the merits

4.1

On 30 October 2019, the State party submitted its observations on the admissibility

and merits of the communication. It submits that the author’s claims should be found

inadmissible on the grounds of failure to exhaust domestic remedies, insufficient

substantiation and lack of victim status.

4.2

The State party takes note of the author’s claim that the refusal of the State party

authorities to include, as an additional entry in the birth register, the transliteration into the

Roman alphabet of his son’s original Russian name, as chosen by the author, amounts to a

violation of articles 17, 26 and 27 of the Covenant. It notes that, on 18 July 2011, the author

requested the Civil Registry Office of the Ziemeļu district of Riga to add the Roman alphabet

transliteration of the original form of his son’s first name and surname to the birth register.

On 25 July 2011, the Civil Registry Office rejected the request, noting that section 6 of the

Law on Registration of Civil Status Acts and section 8 of the Official Language Law

stipulated that entries in the civil register were to be made in the official language of the State

party. The State party states that the Office further noted that no document had been

submitted that provided proof of the original name of the author’s son and the application

had therefore been rejected. The author subsequently noted in further proceedings that part

of his claim had been resolved, as he had been able to have the transliteration of his son’s

surname recorded in the civil register. He, however, lodged an appeal against the refusal by

the Civil Registry Office to include the transliteration of his son’s first name as an additional

entry in the birth register. On 27 June 2016, the Administrative Regional Court rejected the

appeal.

4.3

The judgment of the Administrative Regional Court was upheld by the Supreme Court

on 18 January 2017. The Supreme Court noted that prohibiting the transliteration of a

personal name would not in itself constitute a violation of the right to privacy; however, it

found that account must be taken of the fact that the author and his son belonged to a national

minority group and that his child’s name in Latvian had been reproduced phonetically and

adapted to the grammatical rules of Latvian. The Supreme Court recalled that the possibility

of transliterating a person’s original name had been introduced in the legislation of Latvia

with the aim of minimizing, to the extent possible, any inconveniences caused by the

reproduction of a person’s name. The Supreme Court noted that, in his claim, the author

sought to use the transliterated form for a different purpose, and it was therefore necessary to

examine whether the State party had an obligation to include such a transliteration. Recalling

the case law of the European Court of Human Rights, the Supreme Court noted that States

had a wide margin of appreciation in relation to regulations governing the reproduction of

personal names. The Supreme Court continued that the State party, in exercising its margin

of appreciation, chose to reproduce foreign names phonetically, while simultaneously

incorporating them into the Latvian language system. To preserve the role of the Latvian

language, no parallel forms were allowed. The Court concluded that the State party was not

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obliged to afford national minority groups the possibility of also reproducing personal names

in a transliterated form, and, in the case at hand, it found that the author and his family did

not suffer any particular inconveniences as a result. The author’s son’s first name was

reproduced phonetically, taking into account the grammatical rules of the Latvian language,

and, at the same time, the use of a minority surname was not denied. With regard to the

conclusions of the Committee in the case of Raihman v. Latvia, referred to by the author in

his appeal, the Supreme Court stated that the circumstances of that case were different from

those of the author’s case, namely, that the crucial factor in the Raihman v. Latvia case was

that the preferred form of the person’s name had been used in official documents for a long

period of time, until it had been changed by the State party authorities, while the author’s

case concerned the initial entry in the civil register of his son’s first name. On 20 July 2017,

the Constitutional Court refused to initiate the constitutional complaint submitted by the

author, finding that the argumentation in the author’s complaint was not sufficient to initiate

a case.

4.4

The State party provides information on the domestic legislation and it notes that

article 4 of the Constitution stipulates that “[t]he Latvian language is the official language in

the Republic of Latvia”, while article 114 provides that “[p]ersons belonging to ethnic

minorities have the right to preserve and develop their language and their ethnic and cultural

identity”. Names are regulated in section 19 of the Official Language Law, which stipulates

that:

(1)

Names of persons shall be presented in accordance with the traditions of the

Latvian language and written in accordance with the existing norms of the literary

language, observing the provisions of Paragraph two of this Section.

(2)

There shall be set out in a passport or birth certificate, in addition to the name

and surname of the person presented in accordance with the existing norms of the

Latvian language, the historic family name of the person, or the original form of the

personal name in a different language, transliterated in the Roman alphabet, if the

person or the parents of a minor person so wish and can verify such by documents.

4.5

The State party submits that the author’s claims should be declared inadmissible for

failure to exhaust domestic remedies, as he did not make full use of the constitutional

complaint procedure. It notes that, if the Constitutional Court has refused to initiate a case

due to insufficient legal reasoning, the person concerned can submit a new complaint to the

Constitutional Court that remedies the shortcomings indicated by the Panel of the

Constitutional Court in its previous decision. This mechanism is regularly used, on average

40 to 50 times per year. The State party notes that, in the present case, the author applied to

the Constitutional Court twice. The first application was submitted while administrative

proceedings were pending before the Administrative Regional Court. In its decision of

2 September 2016 relating to that first application, the Constitutional Court noted that the

author had not yet exhausted all available general remedies and therefore it had rejected the

complaint. In that decision, the author’s arguments were carefully examined, including

through a detailed analysis of the structure of the author’s constitutional complaint, and

sufficient guidance was provided regarding the parts of the complaint that needed to be

amended or expanded.

4.6

The State party notes that the author’s second, amended constitutional complaint was

rejected by the Constitutional Court on 20 July 2017, due to insufficient argumentation as to

the claims raised in the complaint. In its decision, the Panel of the Constitutional Court noted

that the author had exhausted all available general mechanisms for the protection of his rights.

Turning to the evaluation of the legal reasoning, the Court noted that the author had made

reference to comparable groups to argue the alleged incompatibility of the challenged

domestic provisions with the Constitution. However, the Panel found that the reasoning

provided was not sufficient to show why those groups were in similar and comparable

situations. The Constitutional Court also noted that the author had not provided reasons as to

why the alleged restrictions were not proportional in his case. In addition, the Court pointed

out that the author had failed to provide the reasons as to why he was convinced that the

factual circumstances of his case were comparable to the factual circumstances in the case of

Raihman v. Latvia. In this context, the State party notes that the second constitutional

complaint submitted by the author only contained minor amendments to the initial

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constitutional complaint that expanded the argumentation regarding the alleged violation of

the prohibition of discrimination. It argues that the author did not do everything he could to

duly amend his constitutional complaint in order to comply with the guidance received from

the Court when his first complaint was rejected, a fact which was also noted in the second

decision of the Constitutional Court, dated 20 July 2017. The State party notes that it is

therefore compelled to question the author’s intention to make full use of all available

mechanisms at the domestic level before submitting his complaint to the Committee. In this

regard, the State party recalls that the European Court of Human Rights has recognized the

Constitutional Court as an effective domestic remedy in the examination of individual

complaints where the constitutionality of the provisions of national legislation is called into

question.3 A decision by the Constitutional Court and its interpretation of a legal provision

are binding on the State party authorities. Therefore, even if the Constitutional Court finds a

legal provision to be compatible with the Constitution, it can provide an interpretation of that

provision that is different from that previously adopted by the State party authorities, thereby

remedying the situation in question.

4.7

In addition, the State party submits that the author’s claims should be found

inadmissible for lack of victim status, as it argues that the claims have been formulated

hypothetically, relying on an assumption that there could be situations in the future related to

the incorrect understanding or transliteration of his son’s first name.

4.8

The State party also submits that the author’s claims should be found inadmissible for

failure to substantiate the claims for the purposes of admissibility. It submits that the author

has failed to explain how the absence of the transliterated form of his son’s first name on the

birth register has interfered with his and his son’s private lives in violation of article 17 of

the Covenant. It notes that the author has referred to general considerations regarding the use

of a name by which society identifies an individual. It, however, argues that neither before

the national authorities nor in the present communication has the author explained how the

absence of the transliterated form of his son’s first name on the birth register has created

suffering and hardship for the family in their everyday lives. It notes that the author describes

possible situations of inconvenience, without providing further explanations as to whether

such situations have actually occurred.

4.9

Should the Committee nonetheless decide that there has been an interference with the

right to privacy, the State party maintains that the author has not substantiated how the

absence of a transliterated form of his son’s first name on his birth certificate has interfered

with his and his son’s right to privacy. It submits that nothing in contemporary human rights

law prevents States from creating legislation in order to protect and promote the official

language.4 The State party refers to the jurisprudence of the European Court of Human Rights,

which indicates that States are “at liberty to impose and to regulate the use of [their] official

language”,5 and it submits that this conclusion is fully valid also for the purposes of the

present communication. With regard to the author’s argument that section 19 (2) of the

Official Language Law interferes with his family’s right to privacy, the State party submits

that such an argument is contradictory, and it emphasizes that, precisely because of this

provision, the transliterated forms of the author’s and his son’s surnames have been added to

the civil records. In addition, it submits that due regard must be given to the conclusion by

the domestic courts that the existence of several forms of a person’s name on official

documents increases the possibility of difficulties and misunderstandings. The State party

reiterates its argument that the author has not provided any example of an alleged difficulty

or hardship arising from the absence of an additional transliterated entry on the birth register

for his son’s first name. It submits that the author has therefore failed to substantiate that

there has been an interference with his and his son’s right to privacy and family life and that,

likewise, he has failed to provide any arguments as to why the alleged interference is arbitrary.

The State party therefore submits that the complaint is manifestly ill-founded and should be

3 European Court of Human Rights, Grišankova and Grišankovs v. Latvia, Application No. 36117/02,

Decision, 13 February 2003.

4 Raihman v Latvia, para. 8.3.

5 European Court of Human Rights, Mentzen v. Latvia, Application No. 71074/01, Decision,

7 December 2004.

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found inadmissible. Should the Committee find the claim admissible, the State party submits

that there has been no violation of article 17 of the Covenant.

4.10

The State party takes note of the fact that, in his complaint, the author refers to the

Committee’s jurisprudence in Raihman v. Latvia and Bulgakov v. Ukraine. The State party

emphasizes that, in contrast to those cases, the author in the present communication has not

raised any objections to the fact that, on official documents, his son’s name is written

according to the orthography rules of the State party’s official language, namely, Latvian. In

addition, it argues that the cases of Raihman v. Latvia and Bulgakov v. Ukraine concerned

the main form of the individuals’ names used in passports that had been issued following the

prolonged use of the victims’ names on identity documents. The present case, however,

concerns a dispute relating to the additional entry of a first name in the civil register for a

person born in Latvia. As such, in this case, there are no other officially recorded forms of

the person’s name in another language, as was the case in Raihman v. Latvia and

Bulgakov v. Ukraine.

4.11

As additional grounds for non-interference under article 17 of the Covenant, the State

party argues that, according to the provisions of the Official Language Law, the use of

language is not regulated in unofficial communications, in the internal communications of

national and ethnic groups or in services, ceremonies, rituals and other religious activities of

religious organizations. This means that, in important spheres of a person’s private life, for

example, when interacting with other members of society or with family members, the author

and his family are free to use the language and spelling of their choice. Likewise, any person

is free to choose and use, in unofficial communications, diminutive or shortened forms of his

or her name of any origin, as well as any nicknames and pseudonyms. The State party argues

that the freedom to use different forms of a person’s name in unofficial communications in

Latvia is established also by the fact that the baptism certificate of the author’s son, issued

by the religious organization to which the author belongs, is written in the language used by

the author’s family.

4.12

Regarding the author’s claims under article 26 of the Covenant, the State party submits

that the author has failed to provide any further explanation as to the grounds for the alleged

discrimination or to provide any substantial reasoning in support of his complaint. It notes

that the Constitutional Court, in its decisions on the author’s applications, found that he had

not provided sufficient arguments in support of his claim of alleged discrimination. The State

party further argues that the provisions of the Official Language Law are applied equally to

all members of Latvian society.6

4.13

Regarding the author’s claims under article 27 of the Covenant, the State party refers

to the Committee’s jurisprudence in Raihman v. Latvia, in which the Committee recalled that

States may regulate activities that constitute an essential element in the culture of a minority

group, provided that the regulation does not amount to a de facto denial of this right.7 It

submits that, accordingly, as long as the national regulation does not deny persons belonging

to linguistic minority groups the right to freely use their language within their community or

disproportionately infringe upon those rights, the State is acting in conformity with article 27

of the Covenant. The State party therefore submits that the author has failed to explain how

the absence of an additional entry in the birth register for his son interfered with their right

to use his Russian name in their community. The State party notes that this part of the author’s

complaint before the Constitutional Court was rejected due to insufficient reasoning, and it

observes that the author has not provided any additional arguments in his complaint to the

Committee to support his claim.

6 The State party refers to a judgment by the Supreme Court, Case No. A420243915, in which the

applicant, a woman, following marriage and a change of surname, requested her new surname to be

entered in the civil register with a suffix that, according to Latvian grammar rules, is possible only for

men, as was the tradition in her family. The Supreme Court dismissed the applicant’s request, finding

that, pursuant to the legislation in force, a feminine suffix needed to be added to the surname of a

woman. The State party submits that this example proves that Latvian speakers are in the same

position as minority linguistic groups in needing to accept and follow the contemporary rules of

Latvian grammar.

7 Raihman v. Latvia, appendix, para. 8.6.

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Author’s comments on the State party’s observations on admissibility and the merits

5.1

In March 2022, the author submitted his comments on the State party’s observations.

He maintains that the communication is admissible.

5.2

The author takes note of the State party’s argument that he has failed to exhaust

domestic remedies by not doing everything that could be expected to prepare for the

proceedings before the Constitutional Court. He notes that the Constitutional Court may

decline to initiate a case if it considers that an applicant has failed to provide sufficient legal

reasoning as to the claims raised in a complaint, and that these were the grounds on which

his second constitutional complaint was dismissed. He notes that in the second constitutional

complaint he had expressly claimed that his and his son’s right to privacy had been violated

and that not allowing the transliterated form of his son’s first name to be added to official

identity documents amounted to a violation of the prohibition of discrimination. He submits

that, considering this, all the claims set out in the complaint now before the Committee had

in substance been previously raised before the domestic authorities, including up to the

highest authority.

5.3

The author further takes note of the State party’s argument that he has failed to

substantiate his claims for the purposes of admissibility. He refers to the Committee’s

jurisprudence in Raihman v. Latvia and argues that the unilateral modification of a name on

official documents amounts to arbitrary interference with a person’s privacy and that an

author does not subsequently have to demonstrate any additional suffering and hardship, as

once there is a unilateral modification, the interference is evident. Regarding the State party’s

argument concerning the lack of victim status, the author notes that his request to include the

transliteration of his son’s first name on official records was rejected by the domestic

authorities, and that such decisions therefore had a direct impact on both him and his son.

5.4

The author reiterates his argument that the inability to officially record the

transliteration into the Roman alphabet of his son’s first name on identity documents amounts

to a violation of articles 17 and 26 of the Covenant, impacting him and his son as members

of a minority community. Regarding his claims raised under article 27 of the Covenant, the

author argues that the inability to include the transliteration of his son’s first name amounts

to assimilation pressure, in violation of their rights under article 27 of the Covenant. He

argues that his son’s given name remains only for private use, with even any limited

recognition being denied by the authorities, which goes against the right to choose one’s own

name.8

Issues and proceedings before the Committee

Consideration of admissibility

6.1

Before considering any claims contained in a communication, the Committee must

decide, in accordance with rule 97 of its rules of procedure, whether the communication is

admissible under the Optional Protocol.

6.2

The Committee has ascertained, as required under article 5 (2) (a) of the Optional

Protocol, that the same matter is not being examined under another procedure of international

investigation or settlement.

6.3

The Committee takes note of the State party’s submission that the author’s claims

should be found inadmissible for lack of victim status, as the claims are formulated

hypothetically. The Committee recalls its jurisprudence that any person claiming to be a

victim of a violation of a right protected under the Covenant must demonstrate either that a

State party has, by act or omission, impaired the exercise of his or her right or that such

impairment is imminent, basing the arguments, for example, on legislation in force or on a

judicial or administrative decision or practice.9 In the present case, the Committee notes that

the author applied to include the transliteration of his minor son’s first name as an additional

8 The author refers to the Committee’s concluding observations on the third periodic report of Latvia

(CCPR/C/LVA/CO/3), para. 7.

9 Rabbae et al. v. Netherlands (CCPR/C/117/D/2124/2011), para. 9.5, citing Andersen v. Denmark

(CCPR/C/99/D/1868/2009), para. 6.4, and A.W.P. v. Denmark (CCPR/C/109/D/1879/2009), para. 6.4.

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entry on the official records, claiming that the absence thereof violated his and his son’s right

to privacy and family life. It further notes that the author pursued this claim up to the highest

available domestic authority and that the author’s son was directly and personally affected

by the State party authorities’ decisions to reject his request and the author was affected as

he was acting on behalf of his minor son in pursuit of the alleged violation of their right to

privacy and family life. The Committee therefore finds that it is not precluded, under article 1

of the Optional Protocol, from examining the present communication.

6.4

The Committee further takes note of the State party’s submission that the author’s

claims should be declared inadmissible for failure to exhaust domestic remedies, as, by not

amending his second constitutional complaint in accordance with the guidance provided by

the Constitutional Court in its decisions, he did not make full use of the constitutional

complaint procedure. It takes note, however, of the author’s claims that he pursued his claims

up to the highest available authority in the State party, namely, the Constitutional Court, that

in his constitutional complaint he expressly claimed that his and his son’s right to privacy

and family life had been violated and that the failure to allow the transliteration of his son’s

first name to be included as an additional entry on official identity documents amounted to a

violation of the prohibition of discrimination. Taking this into account, the Committee

therefore considers that it is not precluded, under article 5 (2) (b) of the Optional Protocol,

from considering the present communication.

6.5

The Committee takes note of the State party’s submission that the author’s claims

under articles 17, 27 and 26 should be found inadmissible for lack of substantiation. It takes

note of the author’s claims that the refusal to include the transliteration of his son’s first name

as an additional entry on identity documents, implying a lack of official recognition of his

minority status, amounts to an arbitrary interference with his and his son’s right to privacy

and family life and to discrimination on the basis of language, in violation of their rights

under articles 17 and 26 of the Covenant. It further takes note of the author’s claim that the

refusal to accept the transliteration of his son’s first name amounts to a denial of his and his

son’s right to use their own language with other members of their community, in violation of

their rights under article 27 of the Covenant.

6.6

The Committee further takes note of the author’s argument that his case is similar to

that of Raihman v. Latvia, in which the Committee considered the unilateral change by State

party authorities of the author’s first name and surname on official documents, following new

legal requirements imposing a Latvian spelling for names on official documents, to amount

to a violation of article 17 of the Covenant. In that case, the Committee found that such

measures, taken after 40 uninterrupted years of the author’s use of his original name, had

resulted in a number of daily constraints, such as failed banking transactions, delays in

immigration controls at airports and other inconveniences in the author’s daily life that were

not proportionate to the aim sought of protecting the Latvian language and were therefore in

violation of article 17 of the Covenant.10 The Committee observes, however, that in the

present communication, the issue before it does not concern a unilateral change to an original

name – first name and surname – that has been used by a person for a long period of time,

but rather a request to have an additional transliterated record of the author’s son’s first name

included on official documents. The Committee also takes note, in this regard, of the fact that

the author’s request to include the transliteration of his son’s surname on official records was

approved by the State party authorities. The Committee notes that the author has claimed that

the refusal to transliterate his son’s first name may cause inconveniences in his and his son’s

daily lives and may raise problems and doubts when his son is required to prove his identity.

The author has, however, not provided any specific example or arguments to substantiate this

claim as to how he or his son have been or could be adversely affected by the refusal of the

State party authorities to include an additional transliteration of his son’s first name on

identity documents. In the absence of such information and argumentation, the Committee

finds his claims under articles 17 and 26 of the Covenant inadmissible for lack of sufficient

substantiation under article 2 of the Optional Protocol.

6.7

As regards article 27 of the Covenant, the Committee takes note of the State party’s

argument that the State party’s regulations do not deny persons belonging to minority

10 Raihman v. Latvia, paras. 3.1 and 8.2; see also Bulgakov v. Ukraine, paras. 7.2 and 7.3.

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GE.24-13700

9

linguistic groups the right to freely use their language within their community. It further notes

that the author has not provided any specific information or argumentation as to how the

refusal to include the transliteration of his son’s first name in official records would amount

to a denial of his and his son’s right to use their own language with other members of their

community. The Committee therefore finds this claim to be insufficiently substantiated and

therefore inadmissible under article 2 of the Optional Protocol.

7.

The Committee therefore decides:

(a)

That the communication is inadmissible under article 2 of the Optional

Protocol;

(b)

That the present decision shall be transmitted to the State party and to the

author.