The authors claim that Albania breached the following provisions of the Covenant:
Article 24(2) ICCPR, for not having them registered immediately after birth and
not granting their right to have a name;
Article 24(3) ICCPR for denying their right to Albanian nationality; and
Article 24(1) ICCPR for having been discriminated against based on their
ethnicity.
Article 16 ICCPR
Article 17 ICCPR
Article 25 ICCPR
Article 26 ICCPR
Facts
The Albanian authorities refuse to proceed with the registration of birth of the
victims because the victims cannot provide Greek birth certificate in the form
required by Albanian law: a legalised act translated into Albanian and notarised. The
victims cannot have their Greek birth certificate legalised because they are
incomplete; in particular, their names are missing. The reason given by the Greek
authorities for not including the names on the birth certificates is the parents’
undocumented status in Greece at the time the children were born there. This
prevents the victims from being registered “immediately after birth” and from
having a name.
Legal arguments by the applicant
Although there seems to be little jurisprudence on the requirement of immediate
birth registration, it is clear that this is a fundamental principle of international
human rights law:
According to the Committee, Article 24(2) “should be interpreted as being
closely linked to the provision concerning the right to special measures of
protection and it is designed to promote recognition of the child’s legal
personality… ”.[1]
Article 7(1) of the UN Convention on the Rights of the Child, to which Albania is
also a State Party, provides that “The child shall be registered immediately
after birth and shall have the right from birth to a name, the right to acquire a
nationality and, as far as possible, the right to know and be cared for by his or
her parents