G.T.B. v. SPAIN JUDGMENT
the applicant’s birth. However, the protection of public order in that regard
was not incompatible with assisting a person such as the applicant, in view of
the particular vulnerability resulting from health and social factors, so as to
protect a particularly important facet of the applicant’s identity (see
paragraph 115 above).
125. The existence of a positive obligation being established, the Court
will examine, therefore, first, at what point in time it can be said that the
authorities were sufficiently aware of the particular situation for their positive
obligation to arise, and, second, whether they took adequate action in
discharging it.
126. Concerning, in the first place, at what point in time the authorities
became aware of the need to take action in the face of the applicant’s mother’s
inactivity in order to protect the applicant’s right to private life, the Court
observes that various public authorities were appraised of his vulnerable
situation for most of his life: when he was enrolled in public schools but did
not attend school, which was even reported by the Minors Service of the
Government of the Canary Islands (see paragraphs 10 ˗ 15 and 19 ˗ 20 above);
as a teenager, when he committed several offences and was imposed
correctional measures (see paragraphs 17 ˗ 18 above); when he tried
unsuccessfully to enrol or complete academic or professional training (see
paragraphs 23, 25 ˗ 27 above); when he was diagnosed with severe
psychiatric and psychological disorders (see paragraphs 13 and 28 above).
127. However, the question before the Court is solely about the moment
when the relevant authorities could have reasonably been expected to take
active measures to secure the issuance of identity documents for the applicant.
In this regard, it can be considered that the civil registration authorities
became aware of the applicant’s difficulties to have his birth registered and
as a consequence, to obtain an ID card at some point in mid-1999, when the
procedure had to be suspended because of the impossibility to summon his
mother (see paragraphs 37 ˗ 38 above). At all events, not later as from
May 2002, when it became clear that the applicant’s mother would not be
able to produce documents other than those she had submitted (see
paragraphs 40 ˗ 42 above), it must have been plainly obvious for the relevant
authorities that positive action was needed to ensure that the applicant did not
remain without a registered identity. In the light of the above, the Court
considers that the public authorities’ and, in particular, the Central Civil
Registry’s positive obligation to assist the applicant in registering his birth
and to act with due diligence in this respect, arose as from May 2002.
128. The Court must now assess whether the public authorities took
adequate action in discharging their positive obligation. In this regard, it notes
that in October 2002 the Central Civil Registry insisted on Ms X undertaking
further steps at the Consular Affairs Directorate of the Ministry of Foreign
Affairs despite the clear indication that she did not act with full diligence in
the related administrative matters in the past and that the applicant, a minor
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