Applicant name | ISMAYILZADE |
Applicant type | natural person |
Number of applicants | 1 |
Country | AZERBAIJAN |
Application no. | 17780/18 |
Date | 18/01/2024 |
Judges | Marko Bošnjak, President, Alena Poláčková, Lətif Hüseynov, Péter Paczolay, Gilberto Felici, Erik Wennerström, Raffaele Sabato, |
Institution | Court |
Type | Judgment |
Outcome Art. 8 | No violation |
Reason | Fair balance |
Type of privacy | Procedural Privacy; Relational Privacy |
Keywords | Registering name child |
Facts of the case | The applicant complained that the domestic authorities’ refusal to register the forename that she had chosen for her son had violated her right to respect for her private and family life. She argued that the name was linked to her religious beliefs. |
Analysis | The applicant, represented by a lawyer, was able to bring her complaint before three levels of courts, which examined her claims and gave reasons for their judgments. There was another route open to her under domestic law, which applicant did not use, without providing any reasons. The Court grants a wide margin of appreciation and finds no violation of Article 8 ECHR. In their concurring opinion, judges Sabato and Bosnjak argue for a complete overhaul of the way in which the ECtHR approaches matters on naming policies. |
Other Article violation? | – |
Damage awarded | – |
Documents | Judgment |