The right to identity

Identity is the most important aspect of every human being because it is what sets you apart from everyone else. Additionally, in order to enjoy civil rights, every person must do so under his/her own identity.

Identity is the most important aspect of every human being because it is what sets you apart from everyone else. Additionally, in order to enjoy civil rights, every person must do so under his/her own identity.

The aspects of identity are outlined in Article 35 of Nº32/2016 of 28/08/2016 the law governing persons and family which says, “A person is identified by his/her name, origin, sex, residence and domicile.”

 

Regarding names, Article 36 of Nº32/2016 of 28/08/2016 the law governing persons and family says that every person shouldhave a surname and a first name. If a person’s document that does not contain both the first and surnames, it is considered invalid.

 

If someone wants to provide proof of their own name, they can do so by using a birth record. This is according to Article 37 of Nº32/2016 of 28/08/2016 the law governing persons and family.

 

The right to have a name is granted by Article 38 of the law governing persons and family which says, “Every child is entitled to have a name. His/her parent or any other person having parental authority over the child has a duty to freely choose a name for the child.”

However, Article 39 of the law governing persons and family prohibits giving names that are offensive to good morals or integrity. Article 42 of the law governing persons and family provides the option of changing a name if it dishonorable to the person who bears it or if it offensive to good morals or the moral integrity of society.

In addition to having a name, a person is identified by his/her sex. Article 44 of the law governing persons and family defines sex as “the human physiological state of being male or female.” The proof of sex, according to Article 45 of Nº32/2016 of 28/08/2016 is a birth record.

Identity is also ascertained through filiation, which according to Article 46 of the law governing persons and family, is the relationship between a child and his/her father or mother. This is can be proved through birth records, or by the fact that the child has been cared for by a particular parent or set of parents since birth.

Another important legal aspect of identity is a person’s place of residence. This is important in tracing the person’s origin if need arises. For instance, if a child got lost, it would be easy to track that child’s home using the address information indicated on his/her identity document.

The residence of a child, according to Article 60 of Nº32/2016 of 28/08/2016 the law governing persons and family, is the same as that of his/her parents or the people who exercise parental authority over that child.

Subscribe to The New Times E-Paper


You want to chat directly with us? Send us a message on WhatsApp at +250 788 310 999    

 

Follow The New Times on Google News