Fundamental Rights Section
stipulates that the executive organs must also consider the Constitution and the fundamental rights embedded in it when applying the law, it seems that a teleological reduction
of the scope of applicability of the simple-law statute in Art. 3 Par. 1 Fig. 4 of the Change
of Name Act [Namensänderungsgesetz] seems called for, in order to solve this case of
grievance in a manner in line with the Constitution.
The Municipal Authority Dept. 61, competent for name laws within the country eventually
decided to grant Mr. N.N`s request.
2.7.3
Special characters in orthography of names (VA BD/244-V/03)
Ms. S applied to the AOB for assistance since a special character in her given name did
not appear in her driving licence (issued in 2003) because it could not be reproduced in
EDP processing.
nd
The AOB had already shown in its 22
report to the National Council and the Federal
Council that the authorities are obligated to reproduce surnames accurately in terms of
both letters and characters, whereby the fact that diacriticals (e.g. dieresis, cedilla) are
generally held to be unsuitable in EDP does not alter the circumstance that the name right
is an immutably protected one and that authorities may not arbitrarily alter proper names
and/or their orthography. In light of private and family names constitutionally protected in
Art. 8 of the EHRC, which indubitably protects the right to bear one’s (full) name, every
applicant for the issuance of a driving licence has the right to have their given and surnames always written the way they actually are. Therefore, if a character cannot be reproduced in EDP processing, the entry must be made by hand or in typewritten characters.
Thanks to AOB’s intervention, the competent Federal Ministry instructed the transport
authorities to enter special characters by hand if and as need be.
2.7.4
Covert installation of a location transmitter in an automobile
(VA BD/95-I/02)
After a number of intentional fires were set out, the complainant himself became suspected of arson. In order to gather further evidence, security officers installed an elec-
24
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