G.T.B. v. SPAIN JUDGMENT
for him to pursue his life goals. The reports stated that he had had a proactive
attitude and had been motivated to work but the situation had prevented him
from doing so. Moreover, Ms X had lost social benefits because neither he
nor his brother had an ID card.
99. The applicant argued that having to change schools so often had been
due to the fact that neither he nor his brother had an ID number, which had
also given rise to his anxiety and his later criminal activity. The applicant also
alleged that the situation which he had endured for many years had caused
him very substantial physical and psychological damage.
100. The applicant argued that the interference with his right under
Article 8 of the Convention was not covered by Article 8 § 2, since it had not
been in accordance with the law and constituted a measure which had not
been necessary in a democratic society.
(b) The Government
101. The Government considered it important to clarify that the
applicant’s lack of identification documents (namely, an ID card) was a direct
consequence of his not having a birth certificate. In other words, he could not
be issued with an ID card without having his birth registered prior to that.
They further maintained that all the problems which had made it difficult for
the applicant to be registered as a teenager and adult had simply been
aggravated because of his mother’s behaviour. The Government asserted that
Ms X had never attempted to register him either in Mexico or upon their
arrival in Spain. She had only started the procedure when the applicant had
been twelve years old, which had created enormous difficulties for the
processing of the request because of the lack of any evidentiary documents to
support her claim. The Government also pointed out that none of the above
was directly related to a person’s nationality, and that the two aspects should
not be mixed up. The applicant had not obtained an alternative ID card (which
was issued to non-Spanish citizens) because his nationality had never been
called into question.
102. That having been said, the Government submitted that the issue to
be assessed under Article 8 of the Convention was whether the applicant’s
right to respect for his private life could have been violated because his birth
had not been registered for several years.
103. The Government argued that there was no interference by the
Spanish authorities with the applicant’s right under Article 8. The applicant’s
identity had never been denied by the public authorities, and no objection had
made to issuing him with an ID card once the prerequisites had been fulfilled.
The Spanish Government had repatriated the applicant in 1985 with Ms X
without any doubt about his name, the fact that he was his mother’s son, or
his Spanish nationality. The alleged psychological damage he claimed to have
suffered as a consequence of not having an ID card many years later could
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