On October 3rd of 2017, there was second positive outcome in the original name spelling in identification documents case. Administrative Court of Lithuania annulled the decision of Migration Office and obliged it to issue documents to Pauwels family as well as preserving the original name spellings in the documents in Residents Registration Office. In the Court view, the decisions of Migration Office to change the original name spelling would cause identification inconvenient to the applicants, and it would constitute violation of the right to family and private life.
The applicant applied for the issuance of identification documents to Migration Office, on which there would be both versions of the name and last name, original and Lithuanian, the applicant did not agree to change her last name from “Pauwels” to “Pauvels” in Residents Registration Office.
It is worth noticed, that previous Court judgments in the similar cases of Wardyn, Mickiewicz, Jacquet and Pauwels were not implemented because Migration Office unrightfully asks the applicants to fill in the Register of Residents form to change their names into Lithuanian version. The Court ruled that this act is illegal and invalid.
The applicant’s representative, attorney’s assistant Ewelina Dobrowolska notices the positive change in this regard – until 2014 existed no original name spelling in documents, and since 2014 more than 30 persons were granted right to preserve such right.
European Foundation of Human Rights, which is providing a free of charge legal aid to mixed families and the members of national minorities, which fight for their right to original name spellings is informing that more and more people are turning to the court for the original spelling of names, people are forced to fight for these laws in the courts because of the lack of proper legal regulation.