Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 125
such as the American Declaration of the Rights and Duties of Man and the American
Convention. Non-recognition of identity can mean that a person has no legal proof of
his or her existence, thus hampering the full exercise of his or her civil, political,
economic, social, and cultural rights. 296
299. The Commission recognizes that the right to identity is an autonomous right that,
like all human rights, is universal, inalienable, interdependent, and indivisible. This
right encompasses the development of an authentic individual, through family,
social, territorial, ethnic, and cultural ties, as well as the protection of an
individualized identity. Accordingly, the Commission emphasizes that birth
registration is an effective part of an effective civil registry system that recognizes
the existence of the person before the law, establishes family ties, and records the
most important events in an individual’s life, from birth to marriage and death. 297
300. Indeed, recognition of civil identity by the State is what allows people to be
considered as persons within a society and a political community. This right to the
recognition of existence and civil identity is the means of exercising other political,
civil, economic, social, and cultural rights, and often the right to access certain public
services. 298
301. For its part, the Inter-American Court has established that the right to identity can
be conceptualized, in general, as the collection of attributes and characteristics that
allow for the individualization of the person in a society, and, as such, it
encompasses a number of other rights according to the subject it treats and the
circumstances of the case. 299 Thus, personal identity is intimately linked to the
person in his or her specific individuality and private life, both of which are based on
a historical and biological experience, as well as on the way each individual relates
to others through the development of social and family ties. 300
302. With regard to the link between the right to identity and registration in the civil
registry system, the Inter-American Court established that it is necessary, as a
296
297
298
299
300
See, inter alia, OAS, “Inter-American Program for Universal Civil Registry and the ‘Right to Identity,’ ”
resolution AG/RES. 2286 (XXXVII-O/07) of June 5, 2007; resolution AG/RES. 2362 (XXXVIII-O/08) of June 3,
2008; and resolution AG/RES. 2602 (XL-O/10), on follow-up to the program, of June 8, 2010. In this regard, the
Inter-American Juridical Committee considered that the American Convention on Human Rights, although it
did not address the right to identity expressly by that name, does cover, as has been seen, the right to a name,
the right to nationality, and the right to protection of the family. In this respect, cfr. Inter-American Juridical
Committee, Opinion “on the scope of the right to identity,” resolution CJI/doc. 276/07 rev. 1, of August 10,
2007, pars. 11.2, 12, and 18.3.3, ratified by resolution CJI/RES.137 (LXXI-O/07) of August 10, 2010.
Inter-American Juridical Committee, Opinion “on the scope of the right to identity,” resolution CJI/doc. 276/07
rev. 1, August 10, 2007, ratified by resolution CJI/RES.137 (LXXI-O/07), of August 10, 2010.
Permanent Council of the Organization of American States, Explanation of the Rights Associated with
Recognition of Identity for the Purposes of the Working Group to Prepare an Inter-American Program for a
Universal Civil Registry and the “Right to Identity.” Working Group to Prepare an Inter-American Program for a
Universal Civil Registry and the “Right to Identity.” Committee on Juridical and Political Affairs. OEA/Ser.G,
CAJP/GT/DI/INF 20/08, February 4, 2008.
I/A Court H.R. (2011). Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011.
Series C No.221, par. 122.
I/A Court H.R. (2011). Case of Contreras et al. v. El Salvador. Merits, Reparations and Costs. Judgment of
August 31, 2001 Series C No. 232, par. 113.
Inter-American Commission on Human Rights | IACHR
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