Investigating human rights
3. Investigating human rights
3.1 Federal Chancellery
Typographically correct rendering of surname deemed proper under Federal
Constitution
For years, the AOB has been advocating changes to ensure that diacritical
marks are displayed and stored by the software and hardware used in
public administration so that the correct spelling of names is possible.
Section 8 of the European Convention on Human Rights (ECHR) stipulates the
right to private and family life that is guaranteed under the Austrian Federal
Constitution. Considering the relevant case law of both the Constitutional
Court of Austria and the European Court of Human Rights (ECtHR) (see
Collection of decisions of the Austrian Constitutional Court 13.661/1994
and 15.031/1997 as well as the decision of the European Court of Human
Rights in the “Burghartz”, case of 22 February 1994, and in the “Stjerna”
and “Guillot”, cases of 25 November 1994 and 24 October 1996 respectively),
there can be no doubt that the right to respect for one’s private life also
comprises a right to respect of one’s own name that is guaranteed under the
Austrian Federal Constitution.
Fundamental right to
respect of one‘s own
name
Viewed from a constitutional perspective, one must ask whether the protected
area of the right to have one’s own name respected also comprises the right
that one’s first and last names must be rendered by the authorities in a way
that is typographically correct.
As the AOB already set out in detail in its Annual Report 2007, there are very
weighty arguments for answering this question in the affirmative. Therefore,
in a meeting of the entire Board in December 2007, the AOB decided that
the absence of appropriate measures to correctly store and display diacritical
marks in the software and hardware used by the Bundesrechenzentrum GmbH
(i.e. the IT provider for federal departments in Austria) is to be qualified as
maladministration. To eliminate this maladministration, a recommendation
was sent to the Federal Chancellor and the Vice Chancellor to change how
diacritical marks are stored and displayed by the software and hardware and
to ensure in a gradual process that names are spelled correctly.
AOB advocates
typographically correct
rendering of names
As a reaction to this recommendation, the Federal Chancellery admitted that
the entire range of characters that can be displayed in UTF-8 (8 Bit Unicode
Transformation Format) currently cannot be displayed in the electronic
record system. However, the electronic record system is supposed to be
modified in such a way that diacritical marks can be stored, displayed and
Enormous need for
action on part of the
federal administration
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