5.2 The author claims that the ground for
inadmissibility cited by the State party relating to
article 5, paragraph 2 (a), is erroneous, since she was
not a party to the proceedings brought by four
Spanish women regarding succession to titles of
nobility before the European Court of Human
Rights.6 The author recalls the Committee’s decision
in Antonio Sánchez López v. Spain that the concept
of “the same case” should be understood as
including the same claim and the same person.
Carrión Barcáiztegui family, from which she is
descended, and that even if certain family assets may
not be heirlooms owing to being indivisible or
having little financial value, they should enjoy
protection from arbitrary interference. Accordingly
she maintains that she is entitled to the protection
established under article 3, in conjunction with
article 17, of the Covenant, inasmuch as those
provisions prevent discrimination in enjoyment of
the rights protected by the Covenant. The author
notes that between 1986 and 1997 the Supreme
Court held that passing over women in the matter of
succession to titles of nobility infringed article 14 of
the Constitution, guarantee of equality before the
law, a precedent that was overturned by the
Constitutional Court judgement of 1997.
5.3 The author alleges a violation of article 3 of
the Covenant, in conjunction with articles 26 and 17,
since the sex of a person is an element in privacy and
to accord unfavourable treatment solely by virtue of
belonging to the female sex, irrespective of the
nature of the discrimination, constitutes invasion of
the privacy of the individual. She further argues that
the title of nobility is itself an element of the life of
the family to which she belongs.
5.7 The author asserts that the reference by the
State party to discrimination by birth with respect to
titles of nobility is erroneous, since this view would
hold that inheritance as a general concept was
discriminatory, and that allegation of discrimination
in terms of descendants was also erroneous, since
that allegation referred to a situation other than that
raised by the communication. She adds that
consideration of progeniture in awarding a singular
hereditary asset, such as a title of nobility, is a
criterion that does not discriminate against men or
women, or create unjust inequality, given the
indivisible and essentially emotional nature of the
inherited asset.
5.4 In a further written submission of 12 June
2002 the author reiterates her comments on the
admissibility of her complaint and argues in addition
that consideration of her appeal has been unduly
delayed, since five years have elapsed. As to the
merits, the author asserts that the Spanish legal
system regulates the use, possession and enjoyment
of titles of nobility as a genuine individual right.
While succession to the title occurs with respect to
the founder, succession to concessions of nobility
does not arise until the death of the last holder, and
that as a result the laws current at that time are
applicable. The author maintains that while titles of
nobility are governed by special civil norms based
on bloodline, that is, outside the Civil Code with
regard to succession, that does not mean that
succession to titles falls outside the law of
inheritance by blood relatives.
5.8 As for the information transmitted by the
State party regarding the regime governing titles of
nobility in other European countries, the author
contends that in those countries the titles have no
formal legal recognition, as they do in Spain, and
that as a result any disputes that may arise in other
States are different from that in the present case.
What is at stake is not recognition of titles of
nobility, but only an aspect of such recognition
already existing in legislative provisions in Spain,
namely discrimination against women with regard to
succession. The author claims that for the State party
the “immaterial” aspect of the title justifies
discrimination against women in terms of
succession, without taking account of the symbolic
value of the title and the great emotional value, and
that the precedence of males is an affront to the
dignity of women.
5.5 The author affirms that, with regard to the
rules of succession to titles of nobility referred to by
the State party, in the view of many theorists and the
Supreme Court’s own jurisprudence, the rule applies
only to succession to the crown of Spain.
5.6 As for use of a title of nobility not being a
human right, as contended by the State party, the
author claims that article 26 of the Covenant
establishes equality of persons before the law and
that the State party violates the article in according,
on the one hand, legal recognition of succession to
titles of nobility while, on the other hand,
discriminating against women, in which connection
the lack of any financial value of the titles is without
importance since for the holders they possess great
emotional value. The author asserts that the title of
Marquis of Tabalosos is part of the private life of the
Issues and proceedings before the Committee
6.1 Before considering any claims contained in a
communication, the Human Rights Committee must,
in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant.
6.2 The State party claims that the author’s
communication should be inadmissible on the basis
6
Case No. 777/1997, decision dated 25 November 1999,
para. 6.2.
30
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