Judgment 61860/15

Applicant type natural person
Number of applicants 2
Country Belgium
Application no. 61860/15
Date 07/02/2023
Judges Arnfinn Bårdsen, président,
 Jovan Ilievski,
 Egidijus Kūris,
 Pauliine Koskelo,
 Frédéric Krenc,
 Diana Sârcu,
 Davor Derenčinović
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Necessary
Type of privacy Private life; relational privacy; procedural privacy
Keywords Change surname
Facts of the case The applicants allege that the refusal to change their surname was contrary to Article 8 of the Convention.
AnalysisTaking into account the request made by the applicants, the conditions set by domestic law and the wide margin of appreciation which the Contracting States have in this area, it cannot be considered that the national authorities have exceeded this this by making prevail, in the circumstances of the case, the principle of the fixity of the name. Furthermore, the Court sees no further reason to call into question the fairness of the decision-making process.

The two dissenting judges feel that one of the main shortcomings of the Minister’s decision is that the reasons for refusal she gives are formulated in general terms and do not explain how the change of name of the first applicant would have any implications. detrimental effects on the keeping of civil status and on the maintenance of order within society and families.
Other Article violation?
Damage awarded
Documents Judgment