European Court of Human Rights (ECHR) ruling “discriminate”, On Tuesday, October 26, in the case of parental disagreement, the father’s name is automatically attributed to the child, and then the mother’s name, taking into account “It is impossible to detract from it [était] Too stiff”A Spanish woman separated from her partner during pregnancy and was arrested by the court for discrimination.
The judge of the European Court of Human Rights believes that the rule of attribution of names can “It proved necessary in practice, and[était] Not necessarily contradictory” With the European Convention on Human Rights.But they still judge “It is impossible to detract from it [était] Too rigid and discriminatory towards women”,and “Different treatment” The suffering suffered by the complainant is unreasonable and therefore constitutes a violation of the Convention.
10,000 Euros of “mental damage”
The European magistrates proved their decision to be correct based on the special circumstances of the situation: the complainant’s child did not immediately receive her father’s approval, so only her mother’s surname was given. “More than a year”Until the paternity test.Spain ordered to pay 10,000 euros to the complainant “Mental damage”.
At the same time, the situation in the country has changed. Since a law was promulgated in 2011, in the event of a disagreement, the judge in charge of civil status determines the order of surname attribution and uses it as the main criterion. “The best interests of the child”In the case of mutual recognition, children born in Spain always inherit the father’s name and then the mother’s name.