46
protection of the family, by making it impossible or difficult for her to stay with her
family nucleus and to establish a relationship with them. The State had knowledge of
the existence of María Macarena Gelman and her situation, but until the year 2000, it
failed to take any step to guarantee her right to family.
127. As regards the right to a name, recognized in Article 18 of the Convention,
and also established in various other international instruments, 142 the Court has
established that it constitutes a basic and essential element of the identity of every
person, without which an individual cannot be recognized by society or registered
before the State. 143 The first and last name are “essential to formally establish the
link between the different family members.” 144 This right implies, therefore, that
States must ensure that the person is registered under the name chosen by his or
her parents, at the time of registration, without any restriction on the right or
interference with the decision to choose a name and that once the person is
registered, that it be possible to preserve and reestablish this name and surname. In
this case, María Macarena Gelman lived with a different name and identity for over
23 years. Her name change, as a means of suppressing her identity and keeping
secret the enforced disappearance of her mother, was maintained until the year
2005, when the Uruguayan authorities recognized her affiliation and accepted her
name change.
128. On the other hand, the right to nationality, enshrined in Article 20 of the
Convention, forming a legal relationship between the person and the State and is, on
the one hand, a prerequisite to be able to exercise specific rights, 145 and on the
other hand, a right of non-extendible nature recognized in the American Convention,
146
as well as in other international instruments. It therefore involves the obligation of
the State to establish a relationship, both to provide the individual with legal
protection in its relationships and to protect the individual from the arbitrary
deprivation of nationality, and therefore, of all the political rights and those civil
rights that it entails. 147 It also imports, when children are involved, the obligation to
142
Cf. among others, the International Covenant on Civil and Political Rights, Article 24.2;
Convention on the Rights of the Child, Article 7(1); African Charter on the Rights and Welfare of the Child,
Article 6(1), and International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, Article 29. The European Court of Human Rights affirmed that the right to a
name is protected by Article 8 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms, eventhough it is not specifically mentioned, Cf. T.E.D.H., Stjerna v. Finland,
Application No. 18131/91, Judgment of 25 November 1994, para. 37, and T.E.D.H., Case of Burghartz v.
Switzerland, Application No. 16213/90 Judgment of 22 February 1994, para. 24.
143
Cf. Case of of the Yean and Bosico girls V. Dominican Republic. Preliminary Objections, Merits,
Reparations and Costs. Judgment of September 8, 2005. Series C No. 130, para. 182, and Case of The
Dos Erres Massacre, supra note 127, para. 192.
144
Cf. Case of of the Yean and Bosico girls, supra note 143, para. 184, and Case of The Dos Erres
Massacre, supra note 127, para. 192.
145
Cf. Case of of the Yean and Bosico girls, supra note 143, para. 137.
146
Cf. Case of of the Yean and Bosico girls, supra note 143, para. 136. In this regard, the Court
recognized not subject to suspension as a a non-derrogable nucleus of rights. Cf. Case of the Pueblo Bello
Massacre V. Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006. Series C No. 140,
para. 119, and Case of González et al.s (“Campo Algodonero”), supra note 79, para. 244. The Court
recalls that its jurisprudence considers the right to a nationality as not subject to suspension. In this
regard, Cf. El Hábeas Corpus Bajo Suspensión de Garantías (arts. 27.2, 25.1 and 7.6 American Convention
on Human Rights). Advisory Opinion OC-8 of January 30, 1987. Series A No. 8, para. 23.
147
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica.
Advisory Opinion OC-4 of January 19, 1984. Series A No. 4, para. 34; Case of Castillo Petruzzi et al. V.
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