G.T.B. v. SPAIN JUDGMENT
of the possibility for each individual to approach others in order to establish
and develop relationships with them and with the outside world
(see Bărbulescu v. Romania [GC], no. 61496/08, § 71, 5 September 2017,
and Botta v. Italy, 24 February 1998, § 32, Reports of Judgments and
Decisions 1998-I). The Court has already recognised that measures taken in
the field of education may, in certain circumstances, affect the right to respect
for private life (see F.O. v. Croatia, no. 29555/13, § 81, 22 April 2021).
85. The Court observes that the applicant was able to enrol in various
educational institutions and that the legislation provides for free and equal
access to primary and secondary education. His complaint relates to the issues
he had in obtaining certificates or in enrolling in further training courses while
he was serving sentences as a juvenile offender. The Court acknowledges that
obtaining birth registration is closely linked not only to the right to private
life, but also to the potential realization of other rights, and that it can have
profound consequences for children’s enjoyment of their rights with regard
to protection, nationality, access to social and health services, and education
(see paragraphs 79 and 80 above). Notwithstanding the above, by virtue of
the jura novit curia principle the Court is not bound by the legal grounds
adduced by the applicant under the Convention and the Protocols thereto and
has the power to decide on the characterisation to be given in law to the facts
of a complaint by examining it under Articles or provisions of the Convention
that are different from those relied upon by the applicant (see Radomilja and
Others v. Croatia [GC], nos. 37685/10 and 22768/12, § 126, 20 March 2018).
Accordingly, the Court considers it appropriate to analyse the complaints
concerning the applicant’s access to education as just one aspect of his more
general complaint under Article 8 of the Convention.
II. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
86. The applicant complained that the delay and the obstacles faced in the
procedure to have his birth registered to be able to obtain an ID card had
amounted to a violation of his right to respect for his private life, provided in
Article 8 of the Convention, which reads as follows:
Article 8. Right to respect for private and family life
“1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
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