8/11/22, 9:16 AM CURIA - Documents Civil Registry Office of Kraków, Poland) (‘the Head of the Civil Registry Office’) concerning the latter’s refusal to transcribe into the Polish register of civil status the birth certificate of the daughter of K.S. and her wife S.V.D., issued by the Spanish authorities. Legal context International law 3 Article 2 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989 (United Nations Treaty Series, Vol. 1577, p. 3), provides: ‘1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.’ 4 Article 7 of that convention provides: ‘1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.’ European Union law The FEU Treaty 5 Article 20 TFEU provides: ‘1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia: (a) the right to move and reside freely within the territory of the Member States; … These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.’ 6 Article 21(1) TFEU states: ‘Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.’ The Charter 7 Article 7 of the Charter, entitled ‘Respect for private and family life’, provides: https://curia.europa.eu/juris/document/document_print.jsf?mode=DOC&pageIndex=0&docid=262081&part=1&doclang=EN&text=&dir=&occ=first… 2/9