68:
appreciation of the State parties the forceful addition of a declinable ending to a surname, which has been used in its original form for decades, and which modifies its phonic pronunciation, is an intrusive measure, which is not proportionate to the aim of protecting the official State language. Relying on the previous jurisprudence, where it held that the protection offered by article 17 encompassed the right to
76:
protects persons from being passively imposed a change of name by the State party. The
Committee therefore considers that the State party's unilateral modification of the author's name on official documents is not reasonable, and thus amounted to arbitrary interference with his privacy, in violation
107:
In 2012, the government of Latvia has responded to the
Committee that is "sees no need for an immediate action to amend the existing national regulation of writing personal names in official documents. At the same time, the Government will take into account the opinion of the Committee in the
67:
the interference entailed for the author presents major inconveniences, which are not reasonable, given the fact that they are not proportionate to the objective sought. While the question of legislative policy, and the modalities to protect and promote official languages is best left to the
150:
135:
36:
Mr. Raihman, a
Latvian national and member of Jewish and Russian-speaking minorities, was born in 1959. His name and surname were registered as "ŠŠµŠ¾Š½ŠøŠ“ Š Š°Š¹Ń
Š¼Š°Š½" by USSR authorities, and used until 1998, when he received a Latvian
147:
87:
Therefore, the
Committee did not consider it necessary, to evaluate the case under articles 26 (non-discrimination), 27 (minority rights) and 2 in conjunction with 17, to which Raihman had referred (para. 8.4.).
99:
Mr. Raihman had applied for the court to review his case due to HRC views. The
Supreme Court of Latvia decided that the views are a ground to review the case in the executive, in the specific case ā in the
231:
48:
In 2004, he applied to the State
Language Centre to have his name and surname spelled as Leonid Raihman. The applications was rejected, as were the appeals before Latvian courts.
136:
The Senate: violations established by the UN Commission on Human Rights in the case
Raihman v. Latvia are to be eliminated in the State Language Centre
104:. Mr. Raihman has gone through court proceedings again; in 2017, the Supreme Court refused to record his name in documents without Latvian endings.
236:
256:
91:
Two members of the HRC, Krister Thelin and Rafael Rivas Posada, submitted a dissent, seeing no violation of ICCPR in the case.
52:
101:
261:
241:
246:
186:
Views adopted by the
Committee at its 106th session (15 Octoberā2 November 2012) - Communication No. 1803/2008
251:
226:
169:
Ministru kabineta pÄrstÄvja starptautiskajÄs cilvÄktiesÄ«bu institÅ«cijÄs dienesta informÄcija Nr.03/149-1513
25:
38:
171:
221:
148:
PersonvÄrda atveide atbilstoÅ”i latvieÅ”u valodas prasÄ«bÄm nav tiesÄ«bu uz privÄto dzÄ«vi aizskÄrums
168:
154:
41:'s passport with the name and surname amended to "Leonīds Raihmans", with the ending -
215:
201:
185:
115:
case have been referenced by the UN Human Rights
Committee in a later case of
205:
51:
In 2007, Raihman has filed a complaint before HRC, being represented by
24:(Communication No. 1621/2007) was a case decided by the United Nations
82:
Human Rights
Committee, Doc. CCPR/C/100/D/1621/2007 (para. 8.3.)
108:
possible further discussions on that issue on national level".
72:
one's own name, the Committee considers that this protection
16:
Raihman v. Latvia: a UN Human Rights Committee case
65:
232:United Nations Human Rights Committee case law
45:required for most masculine names in Latvian.
28:in 2010 (UN Document CCPR/C/100/D/1621/2007).
8:
138:Supreme Court press release, 16.06.2011
128:
204:(if unavailable, can also be accessed
7:
14:
53:Latvian Human Rights Committee
1:
237:Human rights abuses in Latvia
77:of article 17 of the Covenant
278:
55:co-chairman A. Dimitrovs.
63:The Committee found that
257:Jewish Latvian history
85:
26:Human Rights Committee
102:State Language Centre
32:Facts and proceedings
117:Bulgakov v. Ukraine
262:Russians in Latvia
172:Latvijas VÄstnesis
153:2017-10-05 at the
242:Language case law
113:Raihman v. Latvia
70:choose and change
21:Raihman v. Latvia
269:
247:2010 in case law
189:
183:
177:
176:
166:
160:
159:
145:
139:
133:
83:
277:
276:
272:
271:
270:
268:
267:
266:
212:
211:
206:at LHRC website
198:
193:
192:
184:
180:
174:
167:
163:
157:
155:Wayback Machine
146:
142:
134:
130:
125:
97:
84:
81:
61:
34:
17:
12:
11:
5:
275:
273:
265:
264:
259:
254:
252:2010 in Latvia
249:
244:
239:
234:
229:
227:Public records
224:
214:
213:
210:
209:
197:
196:External links
194:
191:
190:
178:
161:
140:
127:
126:
124:
121:
96:
93:
79:
60:
57:
33:
30:
15:
13:
10:
9:
6:
4:
3:
2:
274:
263:
260:
258:
255:
253:
250:
248:
245:
243:
240:
238:
235:
233:
230:
228:
225:
223:
220:
219:
217:
207:
203:
200:
199:
195:
187:
182:
179:
173:
170:
165:
162:
156:
152:
149:
144:
141:
137:
132:
129:
122:
120:
118:
114:
111:The views in
109:
105:
103:
94:
92:
89:
78:
75:
71:
64:
58:
56:
54:
49:
46:
44:
40:
31:
29:
27:
23:
22:
181:
175:(in Latvian)
164:
158:(in Latvian)
143:
131:
116:
112:
110:
106:
98:
90:
86:
73:
69:
66:
62:
50:
47:
42:
35:
20:
19:
18:
222:Privacy law
39:non-citizen
216:Categories
123:References
74:a fortiori
202:HRC views
188:para. 7.3
95:Aftermath
59:HRC views
151:Archived
80:ā
218::
119:.
208:)
43:s
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.