G.T.B. v. SPAIN JUDGMENT
and a vulnerable person, risked as a consequence to remain without identity
documents for a significant further period of time (see paragraph 41 above).
It was not before January 2004 when the Civil Registry decided to take some
active steps by contacting directly the Consular Affairs Directorate of the
Ministry of Foreign Affairs (see paragraph 44 above). On 11 January 2005
Ms X and her sons appeared at the Civil Registry of La Laguna requesting
the urgent processing of the registration of her children’s birth, alleging once
again that she had been unable to provide birth certificates and that she had
already submitted everything in her possession, that is, her own birth
certificate, her passport and social security card, both bearing the names of
her children, the certificate of residence of all three of them, a copy of the
administrative file on the request for their late birth registration, and her
repeated requests to the Central Civil Registry (see paragraph 47 above).
129. The Court notes that only after all the above endeavours had proved
to be unsuccessful, a decision was taken to set a new date for Ms X’s
“recognition” of her sons (as had already taken place in 1999; see
paragraph 36 above) at the court in La Laguna. This took place on 13 May
2005: Ms X recognised her children at a hearing with the judge, the
applicant’s sister also attested to their relationship, and the applicant and his
brother consented to their recognition by their mother and their birth
registration. They were all examined by the forensic doctor, who verified
their biological age, and decrees were published to make the recognition
official (see paragraph 50 above). Despite the above, Ms X was again asked
several months later to submit the certificates of the studies pursued by her
sons, which she claimed she could not produce. In view of this, the late birth
registration was eventually agreed upon and the applicant’s birth was
registered in 2006. In sum, four years elapsed between the moment when it
became apparent to the public authorities that the applicant’s mother could
not facilitate any further documents to register her son’s birth, and its actual
registration. The Court considers that there was no justification to delay until
May 2005 the “recognition”, which seemed to be the only way to prove the
mother-son relationship and, hence, to proceed with the issuing a birth
certificate for the applicant, in the absence of any relevant Mexican
documents. Hence, for the Court, the public authorities did not take
sufficiently adequate and timely action in discharging their positive
obligation to assist the applicant in his obtention of a birth certificate and
connected identity documents when it was clear, from 2002, that he required
such assistance; they merely insisted on the applicant’s mother responsibility
to comply with all the legally established criteria, notwithstanding their
awareness that no further documents concerning the applicant´s birth in
Mexico would be found and disregarding the particular vulnerability of the
applicant.
130. It is not for the Court to examine the question of which concrete
measures the public authorities could have put in place in order to assist the
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