G.T.B. v. SPAIN JUDGMENT
not be considered an interference by the national authorities with his right to
private life.
104. Concerning the issue of guardianship in respect of the applicant, the
Government submitted that, under the applicable law, Ms X had never lost it
and had been the only person responsible for her son’s administrative
situation. According to a certificate from the Directorate General for
Protection of Minors, Childhood and Family of the Government of the Canary
Islands, that institution (or any other institution of the Canary Islands) had
never had guardianship in respect of the applicant, and nor had he ever been
in any centre for the protection of minors. The Government also explained
that it had not been compulsory for the applicant to have an ID card until he
was fourteen years old, and that, by the time he had reached that age, his
mother had already requested his birth registration, so the procedure had
already been under way. Therefore, no obligation could be derived for the
public authorities to take steps to initiate the applicant’s birth registration
when his own mother had taken no such steps.
105. Concerning the main aspect of the complaint under Article 8, that is,
the length of the proceedings for the applicant to obtain his birth certificate
and subsequently an ID card, the Government submitted that, even if the
procedure to register the applicant’s birth could be considered an interference
with his rights under Article 8 § 1 of the Convention, it would have been
justified by the requirements set out in Article 8 § 2. First, it was undisputed
that the authorities had simply followed the existing regulations in order to
be able to register the applicant’s birth many years after he had been born. It
had been necessary to comply with several requirements in order to guarantee
that any birth registration accurately reflected the true situation, and it had
therefore been necessary to carefully assess whether he was who Ms X was
claiming. A person could not be registered as somebody’s son simply by a
declaration of that other person and without any documentary support or other
evidence. In particular, the Government argued that the Spanish authorities
had followed the Law on the Civil Registry as in force, as well as the
applicable Regulations. They also maintained that the requirements had
pursued a legitimate aim, which was simply to be rigorous in the registration
of any Spanish nationals and to avoid any potential damage to Spanish
citizens caused by misrepresentations of reality. A reckless practice of birth
registrations could lead to baby trafficking or other issues which would
undoubtedly have serious consequences. Lastly, the Government submitted
that it had been necessary in a democratic society to take the necessary steps
(i) to check whether the applicant’s birth had already been registered in
Mexico; (ii) to check whether any information on the birth had existed, which
would have been crucial for any subsequent registration; (iii) in the absence
of the above, to obtain any other documents concerning the existence of a
mother-son relationship; and (iv) in the absence of any direct documentary
evidence, to obtain any other information through witness statements in
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