Communicated on 28 August 2018
SECOND SECTION
Application no. 31062/11
Aydan MENKAYTMAN
against Turkey
lodged on 17 January 2011
SUBJECT MATTER OF THE CASE
The applicant was born in 1998 as a result of an extra-marital relationship. Despite her mother’s lack of knowledge as to the identity of the father, the Turkish authorities entered a fictitious male name in the applicant’s civil register as her father’s name, arguing that the relevant part of the records could not be left blank.
The application concerns the allegedly incorrect information entered by the State authorities in the civil register records pertaining to the applicant and thereby raises issues under Article 8 of the Convention.
QUESTIONS tO THE PARTIES
Has there been an interference with the applicant’s right to respect for her private and family life, within the meaning of Article 8 § 1 of the Convention, on account of the incorrect entry made in the civil register records regarding her father’s name, and the domestic courts’ subsequent refusal to rectify that error? If so,
i. Was that interference prescribed by law? In particular, what are the legal provisions that govern the information to be entered in the State’s civil registers regarding persons who are born out of wedlock to unknown or unidentified fathers? Do the relevant State authorities have a practice of designating fictitious father’s names in the civil register in circumstances where the father is unknown or unidentified?
ii. Did that interference pursue a legitimate aim?
iii. Was that interference necessary in a democratic society and proportionate to the aim pursued?
Full & Egal Universal Law Academy