Fundamental Rights Section Against this background, the State is obliged to provide for regulations which take adequate account of these diverging interests and create an appropriate balance between the rights at issue (see the ruling of the European Court of Human Rights, in which the Court considered the French model of the 'anonymous birth' option as compatible with Art. 8 ECHR, ruling of the European Court of Human Rights of February 13, 2003, Odièvre vs. France = EuGRZ 2003, p. 584). In the Ombudsman Board’s view, it is extremely serious if such complex issues, which touch fundamental rights, are regulated merely by way of decrees issued by the Austrian Ministry of Justice and dealt with differently in each province (see Verschraegen in ÖJZ 2004, p. 1). Such a basic issue as that of anonymous birth should be harmonized between all provinces and regulated by a public legal act which provides legal claims for the persons concerned. The Ombudsman Office therefore encourages the creation of a clear legislative base for the 'anonymous birth' option. In the present case, the Ombudsman Board did not recognize the complaint as justified, because the complainant had been informed about the consequences of an anonymous birth and been granted sufficient time to revise her decision and to not abandon the child. In her statement dated April 7, 2006, the Minister of Justice set out that she shared the general concerns ventilated by the Ombudsman Board in its review and announced to promote the unification of the relevant legislation and to examine the need for legislative measures. The Ombudsman Board welcomes this announcement and hopes that the issue will soon be regulated by law. As another case in connection with an anonymous birth shows, a number of central issues have yet to be decided politically. In that case (VA NÖ/449SOZ/06), a father-to-be assuming that his former partner would make or has made use of the 'anonymous birth' option with respect to their child turned to the Ombudsman Board for help in connection with the establishment of his paternity and the protection of his rights as a father. There is no legislation on that specific issue. 72

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