G.T.B. v. SPAIN JUDGMENT
2003-IX (extracts), see also paragraph 113 above) and educational level. Not
being able to establish details of a person’s identity thus interferes with
personal autonomy and is directly related to the right to respect for private
life as established under Article 8 of the Convention. The importance of
obtaining birth registration and, as a consequence, other valid identity
documents has also been underlined by other international bodies. In its
General comment No. 13 (2011) on “The right of the child to freedom from
all forms of violence”, the UN Committee on the Rights of the Child clearly
indicated that the lack of birth registration can be a form of neglect and of
negligent treatment when those responsible for the child’s care have the
means, knowledge and access to services to do so (see paragraph 80 above).
In the light of the above, the Court concludes that the right to respect for
private life under Article 8 of the Convention should be seen as including, in
principle, an individual right to have one’s birth registered and as a
consequence, where relevant, to have access to other identity documents.
119. The right to obtain a birth certificate and, on its basis, other identity
documents from the relevant State authorities for persons under their
jurisdiction is of course subject to the individual concerned fulfilling a
number of substantive and procedural requirements provided for by domestic
law. Such requirements may naturally include a rule that the issuance of
identity documents must be requested by the person concerned, his/her legal
representatives, or any other person or institution designated by law. The
Court is of the view that safeguarding the consistency and reliability of civil
registries and, more broadly, legal certainty, is an important goal in the
general interest and justifies, as a matter of principle, strict procedures to
register birth, in particular, when it has taken place outside the concerned
State’s territory. For the Court, States enjoy a wide margin of appreciation
concerning the appropriate means of securing the enjoyment of the right to
birth registration and access to identity documents flowing from Article 8 of
the Convention, but as long as the relevant legal requirements are met, the
State is under an obligation to issue birth certificates and access to other
related identity documents in order to preserve the right to respect for private
life.
120. In the present case, there is no doubt that under Spanish law, the legal
procedure to register a persons’ birth and, subsequently, to obtain identity
documents was clear and foreseeable (see paragraphs 72–75 above).
The Court also observes that, under Spanish law, in normal circumstances the
primary responsibility for undertaking the necessary administrative steps for
registration of birth and obtaining identity documents of a child lie on the
parents (see paragraph 72 above).
121. The applicant does not appear to contest the justification for and the
foreseeability of the Spanish legal requirements for the registration of births,
but considers that in his specific situation their strict application without
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