- 6which has a direct impact on the legal personality and capacity of the individual in both domestic and international law. b) Components of the right to identity 20. Even thought the right to identity is not expressly established in the American Convention, its material content is implied, in the circumstances of the specific case, particularly from Articles 18 (Right to a Name) and 17 (Rights of the Family) of the American Convention, in relation to Article 1(1) thereof. The violation of these and other rights expressly established in the American Convention results in the obligation of the respondent State to make reparation. 21. The right to identity, like the right to the truth, is inferred by specific rights embodied in the American Convention; it is more a necessary development of case law that, in turn, leads to the progressive development of the corpus juris of international human rights law. Thus, other international human rights instruments – subsequent to the American Convention on Human Rights, such as the 1989 United Nations Convention on the Rights of the Child11 and the 1990 United Nations Convention on the Protection of the Rights of All Migrant Workers and their Families, effectively recognize the right to identity as such.12 22. The right to identity, in the Serrano Cruz Sisters case heard under the American Convention, is inferred particularly from the right to a name and the rights of the family (Articles 18 and 17 of the Convention, respectively). But, in other circumstances, in another case, it could equally be inferred from other rights embodied in the Convention (such as the right to juridical personality (Article 3); the right to personal liberty (Article 7); the right to freedom of conscience and religion (Article 12); the right to freedom of thought and expression (Article 13), and the right to nationality (Article 20)). 23. The right to a name, established in the American Convention (Article 18), is also expressly recognized in the Convention on the Rights of the Child (Article 7(1)) and in the African Charter on Human and Peoples’ Rights (Article 6(1)). And, although the European Convention on Human Rights does not establish it expressly, the European Court of Human Rights has stated that this right is inferred by Article 8 (Right to Private and Family Life) of the Convention. 24. The European Court understands that, "the name of an individual concerns his private and family life, because it is a means of personal identification and a connection with the family."13 What is involved is not the name per se, but rather the name as an “asset of personal identity,” designating the individual, who is identified with it,14 and by which he exercises and defends his individual rights. The right to identity, made up of the material content of the right to a name and the rights of the family, not only 11 In particular Articles 7 and 8. 12 Also, in a world marked, nowadays, by so many internal armed conflicts, which victimize women and children particularly, it is not surprising that the United Nations General Assembly has urged and called on all the States Members to respect the right of children to preserve their identity (including respect for the rights to a name and family relationships (resolution 58/57 of 22 December 2003). 13 Cf. ECourtHR, Stjerna v. Finlandia, Judgment of November 25, 1994, Series A, no. 299-A, p. 60, para. 37; ECourtHR, Burghartz v. Suiza, Judgment of February 22, 1994, Series A, no. 280-B, p. 28, para. 24. 14 C. Fernández Sessarego, op. cit. supra no. (9), pp. 25 and 75.