6.2 The Committee considered that the question
whether article 17 of the Covenant protects the right
to choose and change one's own name and, if so,
whether the State party's refusal to have the authors'
surnames changed was arbitrary should be dealt with
on the merits. It considered that the authors had
fulfilled
the
requirement
under
article 5,
paragraph 2 (b), of the Optional Protocol, noting that
they had appealed the matter to the highest
administrative tribunal and that no other remedies
remained. On 8 July 1993, the Committee therefore
declared the communication admissible in so far as it
might raise issues under article 17 of the Covenant.
would create unnecessary uncertainty and confusion,
in both a social and administrative sense, if a formal
change of name could be effected too easily. In this
connection, the State party invokes an obligation to
protect the interests of others. The State party
submits that in the present case, the authors failed to
meet the criteria that would allow a change in their
surname and that they wished to adopt names which
have a special significance in Indian society.
"Granting a request of this kind would therefore be
at odds with the policy of the Netherlands
Government of refraining from any action that could
be construed as interference with the internal affairs
of other cultures". The State party concludes that,
taking into account all interests involved, it cannot
be said that the decision not to grant the change of
name was arbitrary.
The State party's submission on the merits and the
authors' comments thereon
7.1 The State party, by submission of 24 February
1994, argues that article 17 of the Covenant does not
protect the right to choose and change one's surname.
It refers to the travaux préparatoires, in which no
indication can be found that article 17 should be given
such a broad interpretation, but on the basis of which
it appears that States should be given considerable
freedom to determine how the principles of article 17
should be applied. The State party also refers to the
Committee's General Comment on article 17, in
which it is stated that the protection of privacy is
necessarily relative. Finally, the State party refers to
the Committee's prior jurisprudence 1 and submits
that, whenever the intervention of authorities was
legitimate according to domestic legislation, the
Committee has only found a violation of article 17
when the intervention was also in violation of another
provision of the Covenant.
8.
In their comments on the State party's
submission, the authors contest the State party's view
that article 17 does not protect their right to choose
and change their own surnames. They argue that the
rejection of their request to have their surnames
changed, deeply affects their private life, since it
prevents them from practising as Hindu-priests.
They claim that the State party should have provided
in its legislation for the change of name in situations
similar to that of the authors, and that the State party
should have taken into account the consequences of
the rejection of their request.
9.1 During its 51st session, the Committee began
its examination of the merits of the communication
and decided to request clarifications from the State
party with respect to the regulations governing the
change of names. The State party, by submission of
3 October 1994, explains that the Dutch Civil Code
provides that anyone desiring a change of surname
can file a request with the Minister of Justice. The
Code does not specify in what cases such a request
should be granted. The ministerial policy has been
that a change of surname can only be allowed in
exceptional cases. In principle, a person should keep
the name which (s)he acquires at birth, in order to
maintain legal and social stability.
7.2 Subsidiarily, the State party argues that the
refusal to grant the authors a formal change of
surname was neither unlawful nor arbitrary. The
State party refers to its submission on admissibility
and submits that the decision was taken in
accordance with the relevant Guidelines, which were
published in the Government Gazette of 9 May 1990
and based on the provisions of the Civil Code. The
decision not to grant the authors a change of
surname was thus pursuant to domestic legislation
and regulations.
9.2 To prevent arbitrariness, the policy with
respect to the change of surname has been made
public by issuing 'Guidelines for the change of
surname'. The State party recalls that the guidelines
indicate that a change of surname will be granted
when the current surname is indecent or ridiculous,
so common that it has lost its distinctive character,
or not Dutch-sounding. In exceptional cases, the
change of surname can be authorized outside these
categories, for instance in cases where the denial of
the change of surname would threaten the applicant's
mental or physical well-being. A change of surname
could also be allowed if it would be unreasonable to
refuse the request, taking into account the interests
7.3 As to a possible arbitrariness of the decision,
the State party observes that the regulations referred
to in the previous paragraph were issued precisely to
prevent arbitrariness and to maintain the necessary
stability in this field. The State party contends that it
1
See the Committee's Views with regard to
communications
No. 35/1978
(Aumeeruddy-Cziffra
v. Mauritius, Views adopted on 9 April 1981) and
No. 74/1980 (Estrella v. Uruguay, Views adopted on
29 March 1983).
74
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