consequence of requirements imposed by Indian
Hindu leaders.
The complaint
3.
The authors claim that the refusal of the Dutch
authorities to have their current surnames changed
prevents them from furthering their studies for the
Hindu priesthood and therefore violates article 18 of
the Covenant. They also claim that said refusal
constitutes unlawful or arbitrary interference with
their privacy.
4.6 As regards the authors' claim under article 17
of the Covenant, the State party contends that the
authors have not exhausted domestic remedies in this
respect, since they did not argue before the Dutch
authorities that the refusal to have their surnames
changed constituted an unlawful or arbitrary
interference with their privacy.
The State party's observations and the authors'
comments thereon
4.7 In conclusion, the State party argues that the
communication
is
inadmissible
as
being
incompatible with the provisions of the Covenant.
It further argues that the authors have failed to
advance a claim within the meaning of article 2 of
the Optional Protocol.
4.1 By submission of 7 July 1991, the State party
replies to the Committee's request under rule 91 of
the rules of procedure to provide observations
relevant to the question of the admissibility of the
communication in so far as it might raise issues
under articles 17 and 18 of the Covenant.
5.1 In their reply to the State party's submission,
the authors emphasize that it is mandatory to have a
Hindu surname when one wants to study for the
Hindu priesthood and that no exceptions to this rule
are made. In this connection, they submit that if the
surname is not legally changed and appears on
official identification documents, they cannot
become legally ordained priests. In support of their
argument, the authors submit declarations made by
two pandits in England and by the Swami in New
Delhi.
4.2 The State party submits that Dutch law allows
the change of surnames for adults in special
circumstances, namely when the current surname is
indecent or ridiculous, so common that it has lost its
distinctive character or, in cases of Dutch citizens
who have acquired Dutch nationality by
naturalization, not Dutch-sounding. The State party
submits that outside these categories, change of
surname is only allowed in exceptional cases, where
the refusal would threaten the applicant's mental or
physical well-being.
5.2 One of the authors, Mr. Coeriel, further
submits that, although a Dutch citizen by birth, he
grew up in Curaçao, the United States of America
and India, and is of Hindu origin, which should have
been taken into account by the State party when
deciding on his request to have his surname changed.
4.3 With regard to Dutch citizens belonging to
cultural or religious minority groups, principles have
been formulated for the change of surname. One of
these principles states that a surname may not be
changed if the requested new name would carry with
it cultural, religious or social connotations.
5.3 The authors maintain that their right to
freedom of religion has been violated, because as a
consequence of the State party's refusal to have their
surnames changed, they are now prevented from
continuing their study for the Hindu priesthood. In
this context, they also claim that the State party's
rejection of their request constitutes an arbitrary and
unlawful interference with their privacy.
4.4 The State party submits that the authors in the
present case have been Dutch citizens since birth and
grew up in a Dutch cultural environment. Since the
authors' request to change their surnames had certain
aspects comparable to those of religious minorities,
the Minister of Justice formally sought an opinion
from the Minister of Internal Affairs. This opinion
was unfavourable to the authors, as the new names
requested by them were perceived as having
religious connotations.
The Committee's admissibility decision
6.1 During its 48th session, the Committee
considered the admissibility of the communication.
With regard to the authors' claim under article 18 of
the Covenant, the Committee considered that the
regulation of surnames and the change thereof was
eminently a matter of public order and restrictions
were therefore permissible under paragraph 3 of
article 18. The Committee, moreover, considered
that the State party could not be held accountable for
restrictions placed upon the exercise of religious
offices by religious leaders in another country. This
aspect of the communication was therefore declared
inadmissible.
4.5 The State party states that the authors are free
to carry any name they wish in public social life, as
long as they do not carry a name that belongs to
someone else without the latter's permission. The
State party submits that it respects the authors'
religious convictions and that they are free to
manifest their religion. The State party further
contends that the fact that the authors allegedly are
prevented from following further religious studies in
India because of their Dutch names, cannot be
attributed to the Dutch government, but is the
73
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