Strasbourg Court of Human Rights rules against Spain
The Strasbourg Court of Human Rights rules against Spain over the fact that a woman had to allow her daughter to have the father’s last name before hers.
Josefa León Madrid was born in 1969 and lives in Palma de Mallorca. Between 2004 and 2005, she had a relationship with a man identified as JSTS and became pregnant.
According to her testimony in court, JSTS insisted that she terminate the pregnancy, which caused her to completely break up with him as she wanted to keep the baby and gave birth to a daughter.
Due to the breakup, she registered the birth with both names (paternal and maternal) used by her mother but in 2006, JSTS brought an extramarital paternity action, against her and as part of the proceedings the judge has decided that the child would bear the father’s name followed by that of the mother.
The applicant unsuccessfully challenged this decision before the higher courts and the domestic proceedings ended in 2012.
At the material time, Spanish law provided that in the event of a disagreement between the parents, the child would bear the surname of the father followed by that of the mother, although in a later amendment this was changed so that any decision be taken by a court but
The Court noted that two individuals in a similar situation – the applicant and the father of the child – were treated differently and that the distinction is based exclusively on sex.
As the Spanish government’s defense was therefore not sufficiently objective and reasonable, the Court decided that Spain should pay the applicant € 10,000 in respect of non-pecuniary compensation and an additional € 23,853.22 in respect of costs. and costs.
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