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Legal aspects of transcription of personal names in the Latvian Language - Riga Graduate School of Law

Paragraph 1 of Article 8 of the ECHR states that “[e]veryone has the right to respect for his private and family life, his home and his correspondence”. However, as the States that are signatory parties to the Convention enjoy a margin of appreciation in determining whether they have complied with the provisions of Article 8, Paragraph 2 of the same Article provides for a possibility of certain restrictions of the individual’s rights set out in Paragraph 1 if it complies with the
following requirements:

1)it is in accordance with law;
2)it pursues a legitimate aim;
3)it is necessary in a democratic society.

Even though there is no direct reference to personal names in the ECHR, the European Court of Human Rights has long established that “[a]s a means of personal identification and of linking to a family, a person’s name none the less concerns his or her private and family life” and that “[t[he fact that there may exist a public interest in regulating the use of names is not sufficient to remove the question of a person's name from the scope of private and family life”. Therefore, there is no doubt that the issue of personal names falls into the scope of Article 8 of the ECHR.

[pdf pages 29/30]


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