Application No. 14562/89
by H.O.
against Austria
The European Commission of Human Rights sitting in private on
31 March 1992, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
B. MARXER
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 2 January 1989 by
H.O. against Austria and registered on 20 January 1989 under file No.
14562/89;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is an Austrian citizen. He lives in Salzburg and
is represented before the Commission by Mr. W. Haslauer, lawyer, of
Salzburg.
The applicant's daughter was born on 12 October 1985. As
required by Austrian law the applicant and his wife made a written
declaration concerning the names of the child, "Keren Katharina
Ingeborg". On 2 January 1986 the Salzburg Registration Office
(Standesamtsverband) declined to enter the first name in the register
as it was "not common" and therefore failed to comply with Section 21
(2) of the Registration Act (Personenstandsgesetz) which provides as
follows:
(Translation)
"(2) .... at least the first forename must correspond to
the gender of the child; names which are not common or are
detrimental to the child's well being shall not be
registered."
(German)
"(2) ... zumindest der erste Vorname [muß] dem Geschlecht
des Kindes entsprechen; Bezeichnungen, die nicht als
Vornamen gebräuchlich oder dem Wohl des Kindes abträglich
sind, dürfen nicht eingetragen werden."
The Salzburg Regional Authority (Amt der Salzburger
Landesregierung) rejected the applicant's appeal (Berufung) by a
decision of 12 June 1986. Referring to a statement by the Minister of
the Interior, it found that the first name "Keren" had not been
registered in a single case. The existence of a similar name in the
Old Testament (Job 42, 15) or the existence of the word as a plural in
Greek mythology did not make the name "common". An opinion from the
"Gesellschaft für Deutsche Sprache" in Wiesbaden had considered that
the reference to Job would mean that the entire name "Kerenhappuch"
should be used; the reference to Greek mythology was irrelevant. The
authority noted that in order to appear in the official registers as
a forename, it had to have been reported at least five times in a
particular year. The authority concluded that one reference in the Old
Testament and a reference in Greek mythology did not meet the
requirement that the name be "common". A single reference in a
television series did not prove anything. Accordingly, the appeal was
unsuccessful.
The Constitutional Court (Verfassungsgerichthof), on a further
appeal (Beschwerde) by the applicant, declined to deal with the case,
and transmitted it to the Administrative Court (Verwaltungsgerichtshof)
on 26 February 1987.
The Administrative Court, in a decision of 22 June 1987, found
that the further appeal was ill-founded. It noted that the
Registration Act had been introduced only in 1983, and found that
Section 2 (2) of the Act applied to the applicants. It was clear from
the inquiries made by the authorities that "Keren" was not common
either in Austria or abroad. Accordingly, the Court did not see the
need to consider whether the name could be seen as corresponding to the
child's gender.
COMPLAINTS
The applicant has complained of a violation of his right to
respect for his private and family life as guaranteed by Article 8 of
the Convention, considering that parents' right to choose their child's
name falls within the scope of the protection afforded by Article 8
para. 1, and that the requirement of a "common" name has nothing to do
with any of the grounds set out in Article 8 para. 2 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 2 January 1989 and registered
on 20 January 1989.
On 3 December 1990 the Commission decided to bring the
application to the notice of the respondent Government and to request
their observations on its admissibility and merits.
The Government submitted their observations on 22 February 1991
and the applicant submitted his observations in reply on 26 April 1991.
On 17 December 1991 the applicant's representative informed the
Commission that an agreement had been reached with the respondent
Government whereby "Keren" would be entered in the Register and the sum
of AS 56,616.60 for costs, together with a lump sum of AS 15,000 would
be paid to the applicant.
On 31 January 1992 the applicant's representative informed the
Commission that, pursuant to the agreement between himself and the
Government, the applicant wished to withdraw the application.
REASONS FOR THE DECISION
The applicant has complained that the name "Keren" could not be
registered as his daughter's name. He has now reached an agreed
solution with the respondent Government and wishes to withdraw the
application.
The Commission notes that the applicant does not intend to pursue
his petition as the matter has now been resolved. It further considers
that respect for human rights as defined in the Convention does not
require the continuation of the examination.
For these reasons, the Commission unanimously
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H. C. KRÜGER) (C. A. NØRGAARD)
Full & Egal Universal Law Academy