The Court took another decision allowing the registration of the surname in its original form, using the letter “Q”

On 12 April 2021, the District Court of Vilnius City issued a decision that obliged the Civil Registry Office to enter the surname in its original form, “Quattroni”, instead of the indicated form “Kuattroni”, on both the marriage record of a Lithuanian woman married to a Italian citizen and the birth records of their children. The decision has already become final.

In this case it was established that the applicants married in Lithuania in 2016 and they have two children. The applicant has requested that her and her children’s surnames be entered in their original form with the letter “Q”, i.e. in the form of the surname under which her husband identifies himself. The applicant’s request was based on the aim of avoiding various inconveniences in the identification of the applicant and the minor children and on the wish that all family members should bear the same surname.

The original surname of the applicant’s husband is formed with the letter “Q”, which does not appear in the Lithuanian language, and therefore the entry of such a surname is not possible under the current legal regulation. However, in the light of the jurisprudence of international courts and the needs of modern life, the applicants’ request is not exceptional or unusual in the context of contemporary Lithuanian social life.

In the view of the District Court of Vilnius City, the refusal to record a surname with a letter “Q” infringes applicants’ rights, in particular the right to private life laid down in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as applied by the Court of Justice and the European Court of Human Rights. The Court based its position on the same arguments as those already set out in a decision of this Court dated 6 April 2021 from another very similar case concerning the right to the original spelling of a surname (see https://en.efhr.eu/2021/08/02/another-victory-for-the-efhr-in-the-fight-for-the-right-to-the-original-spelling-of-surnames/).

After analysing international case-law, the Court concluded that the use of one’s own name and surname is an integral part of the right to private and family life, and that State interference in this regard by prohibiting the original spelling of a person’s name and surname can only be done if it is a proportionate means of achieving legitimate aims.

The European Foundation of Human Rights (EFHR), which provided the applicant with all the necessary legal assistance in the present case, has been emphasising for a long time that the right to retain the surname in its original form is one of the fundamental human rights deriving from the right to respect for private and family life. The refusal to allow the original spelling of the applicant’s and her children’s surname to be maintained violated their right to privacy, discriminated against them and caused them serious administrative, professional and personal inconvenience.

However, it should be noted that the institution which issued an opinion on the matter – the State Commission of the Lithuanian Language – stated that such a demand of the applicants is contrary to the requirements of the legislation and therefore the spelling of the surname with the letter “Q” should not be allowed. On the other hand, it is no less important that, in its conclusions on the draft laws concerning the spelling of names and surnames in the documents of the Republic of Lithuania submitted to the Parliament, the Commission proposed the possibility of exceptions allowing the spelling of the surnames of Lithuanian citizens who entered into marriage with foreign citizens and took their surnames, as well as the surnames of their children, in the Latin alphabet.

The Court also noted that it is commonly known that in important personal documents of the Republic of Lithuania the first names and surnames of Lithuanian citizens appear with the letter “Q”, which in fact confirms that the use of such a Latin sign is common. There is no evidence that the use of such a sign would adversely affect the status of the official language or cause significant inconvenience to the functioning of public institutions. It should be noted that the ECtHR in 2007 in the case of Johansson v. Finland noted that where names have already been registered in the Register of Residents and no adverse effect on the preservation of cultural and linguistic identity has been established, there is no reason to refuse to register such a name.

In the light of the circumstances of the case, it is concluded that not departing from the current legal framework and refusing the applicants’ request would not be compatible with the principle of fairness and would be disproportionate to the objective pursued by the applicants and to the possible consequences that the applicants would suffer if different surnames were recorded.

The European Foundation of Human Rights (EFHR) provides legal assistance to people facing the problem of the original spelling of their names and surnames in personal documents. Legal assistance is provided by EFHR lawyers and attorneys from well-known law firms cooperating with the Foundation. Legal assistance includes advice, drafting of documents and representation in courts. If you are interested, please register by email info@efhr.eu, phone + (370) 691 50 822.