67
personality, because he has not established a juridical and political connection with
any State; thus nationality is a prerequisite for recognition of juridical personality.
179. The Court considers that the failure to recognize juridical personality harms
human dignity, because it denies absolutely an individual’s condition of being a
subject of rights and renders him vulnerable to non-observance of his rights by the
State or other individuals.
180. In this specific case, the State maintained the Yean and Bosico children in a
legal limbo in which, even though the children existed and were inserted into a
particular social context, their existence was not recognized juridically; in other
words they did not have juridical personality.
181. With regard to the alleged violation of the right to a name established in
Article 18 of the American Convention, it should be noted that, although this was not
alleged by the Inter-American Commission, the Court has established that the
alleged victims, their next of kin or their representatives can invoke different rights
from those included in the Commission’s application, based on the facts presented by
the latter.110
182.
The right to a name, embodied in Article 18 of the American Convention,
constitutes a basic and essential element of the identity of each individual, without
which he cannot be recognized by society or registered before the State. This right is
also established in several international instruments.111
183. Under Article 18 of the Convention, States are obliged not only to protect the
right to a name, but also to provide the necessary measures to facilitate the
registration of an individual, immediately after birth.
184. The State must also ensure that the individual is registered under the name
that he or his parents have chosen, according to the moment when registration
occurs, without any type of restriction to the right or interference in the decision of
choosing the name. Once an individual is registered, the possibility of preserving and
re-establishing the given name and surname must be ensured. The given name and
surname are essential to establish formally the connection that exists between the
different members of the family with society and with the State, and this was not
ensured to the Yean and Bosico children by the Dominican Republic.
185. In addition to the above, the Court considers that the vulnerability to which
the children were exposed as a result of the lack of nationality and juridical
personality was also reflected, in the case of the child Violeta Bosico, by the fact that
110
Cf. Case of Yatama, supra note 13, para. 183; Case of De la Cruz Flores. Judgment of November
18, 2004. Series C No. 115, para. 122, and the Case of “Children’s Rehabilitation Institute,” supra note
106, para. 125.
111
Cf. among others, the International Covenant on Civil and Political Rights, Article 24(2); he
Convention on the Rights of the Child, Article 7(1); the African Charter on the Rights and Welfare of the
Child, Article 6(1), and the International Convention on the Protection of the Rights of all Migrant Workers
and Members of their Families, Article 29. The European Court has stated that the right to a name is
protected by Article 8 of the European Convention for the Protection of Human Rights and Fundamental
Freedoms, even though it is not specifically mentioned; cf. Stjerna v. Finland, judgment of 25 November
1994, Series A, No. 299-B, p. 60, para. 37, and Burghartz v. Switzerland, judgment of 22 February 1994,
Series A No. 280-B, p. 28, para. 24.
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