information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
of both the applicant and the State. The State party
emphasizes that a restrictive policy with regard to
the change of surname is necessary in order to
maintain stability in society.
10.2 The first issue to be determined by the
Committee is whether article 17 of the Covenant
protects the right to choose and change one's own
name. The Committee observes that article 17
provides, inter alia, that no one shall be subjected to
arbitrary or unlawful interference with his privacy,
family, home or correspondence. The Committee
considers that the notion of privacy refers to the
sphere of a person's life in which he or she can freely
express his or her identity, be it by entering into
relationships with others or alone. The Committee is
of the view that a person's surname constitutes an
important component of one's identity and that the
protection against arbitrary or unlawful interference
with one's privacy includes the protection against
arbitrary or unlawful interference with the right to
choose and change one's own name. For instance, if
a State were to compel all foreigners to change their
surnames, this would constitute interference in
contravention of article 17. The question arises
whether the refusal of the authorities to recognize a
change of surname is also beyond the threshold of
permissible interference within the meaning of
article 17.
9.3 The Guidelines also contain rules for the new
name which an applicant will carry after a change of
surname has been allowed. In principle, a new name
should resemble the old name as much as possible. If
a completely new name is chosen, it should be a
name which is not yet in use, which sounds Dutch
and which does not give rise to undesirable
associations (for instance, a person would not be
allowed to choose a surname which would falsely
give the impression that he belongs to the nobility).
As regards foreign surnames, the Government's
policy is that it does not wish to interfere with the
law of names in other countries, nor does it wish to
appear to interfere with cultural affairs of another
country. This means that the new name must not
give the false impression that the person carrying the
name belongs to a certain cultural, religious or social
group. In this sense, the policy with regard to foreign
names is similar to the policy with regard to Dutch
names.
9.4 The State party submits that the applicant's
request is heard by the Minister of Justice, who then
adopts his decision in the matter. If the decision is
negative, the applicant can appeal to the independent
judiciary. All decisions are being taken in
accordance to the policy as laid down in the
Guidelines. This policy is departed from in rare
cases only, in order to prevent arbitrariness.
10.3 The Committee now proceeds to examine
whether in the circumstances of the present case the
State party's dismissal of the authors' request to have
their surnames changed amounted to arbitrary or
unlawful interference with their privacy. It notes that
the State party's decision was based on the law and
regulations in force in the Netherlands, and that the
interference can therefore not be regarded as
unlawful. It remains to be considered whether it is
arbitrary.
9.5 As regards the present case, the State party
explains that the authors' request for a change of
surname was refused, because it was found that no
reasons existed to allow an exceptional change of
surname outside the criteria laid down in the
Guidelines. In this context, the State party argues that
it has not been established that the authors cannot
follow the desired religious education without a
change of surname. Moreover, the State party argues
that, even if a change of surname would be required,
this condition is primarily a consequence of rules
established by the Hindu-religion, and not a
consequence of the application of the Dutch law of
names. The State party also indicates that the desired
names would identify the authors as members of a
specific group in Indian society, and are therefore
contrary to the policy that a new name should not give
rise to cultural, religious or social associations.
According to the State party, the names also conflict
with the policy that new names should be Dutchsounding.
10.4 The Committee notes that the circumstances
in which a change of surname will be recognised are
defined narrowly in the Guidelines and that the
exercise of discretion in other cases is restricted to
exceptional cases. The Committee recalls its General
Comment on article 17, in which it observed that the
notion of arbitrariness "is intended to guarantee that
even interference provided for by law should be in
accordance with the provisions, aims and objectives
of the Covenant and should be, in any event,
reasonable in the particular circumstances". Thus,
the request to have one's change of name recognised
can only be refused on grounds that are reasonable in
the specific circumstances of the case.
10.5 In the present case, the authors' request for
recognition of the change of their first names to
Hindu names in order to pursue their religious
studies had been granted in 1986. The State party
based its refusal of the request also to change their
surnames on the grounds that the authors had not
Examination of the merits
10.1 The Human Rights Committee has considered
the present communication in the light of all the
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