the ECtHR found in G.T.B. v. Spain57 that, also in such cases, birth registration
can be required. The case concerned attempts in Spain to register G.T.B.’s
birth (a Spanish national), which had taken place in Mexico. Briefly after his
birth, his mother was repatriated to Tenerife (Spain) after an earthquake in
Mexico. The Court found in particular that the Spanish authorities, despite their
knowledge that the documents needed could not be located in Mexico, had
not done enough to provide G.T.B. with a birth certificate and identification
in accordance with Article 8 of the European Convention on Human Rights.
The Court underlined that it was the first case in which it had examined the
right to a birth certificate under Article 8.
53. The ECtHR underlines that “[it] considers that in the present case it was
incumbent on the authorities to act in the best interests of the child whose birth
registration was being sought in order […] to prevent the child from being left
unregistered, and hence without identity documents. The authorities were thus
under a positive obligation stemming from Article 8 to act with due diligence
in order to assist the applicant in obtaining his birth certificate and his identity
documents, so as to ensure effective respect for his private life […]. The Court
agrees with the Government concerning the need to ensure that the information
provided was reliable before the applicant’s birth could be registered. However,
the protection of public order in that regard was not incompatible with assisting
a person such as the applicant, in view of the particular vulnerability resulting
from health and social factors, so as to protect a particularly important facet of
the applicant’s identity”. (paragraph 124)
2. Rules and practices in member states
54. Births must be reported to the civil status registry or to another institution
responsible for birth registration. In most states, the civil status registry office
competent for the place of birth is responsible for the birth registration. In a
number of states, the registry office of the place of residence of the mother is
competent for birth registration.58 The period within which the notification of
birth has to be made, varies from three days 59 to three months 60. In practice,
however, the notification of birth is often made by the health care institution
where the birth takes place or by the doctor or midwife who attends the birth
within a few hours after birth. The actual birth registration is carried out by
the civil registrar within a few working days after the birth.
57.
58.
59.
60.
G.T.B. v. Spain, No. 3041/19, 16 November 2023.
Azerbaijan and Denmark.
Andorra, Netherlands, Portugal and Switzerland.
Lithuania.
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