Daróczy v. Hungary  | 2008

Justice for elderly widow forced to change her name by the government

...names are central elements of self-identification and self-definition.

Judgment of the European Court of Human Rights, July 2008

Background

Tiborné Daróczy was 71 years old when the government made her change her name.

In 1950 she had married Tibor Ipoly Daróczy and had chosen to use the first name of her husband combined with the suffix “-né”, referring to their marriage. Her name had been registered as Tiborné Daróczy in all her official documents, and she had used it in all personal and public business for over 50 years.

However, in 2004 Tiborné was issued with a new identity card. This carried the name Tibor Ipoly Daróczy - the “né” had been added to her husband’s middle name rather than his first name.

Tiborné complained to the Ministry of Interior to have her name changed back. However, she was told that she had to accept the new name.

Tiborné's husband had died in 1996. For Tiborné, her name had a very strong meaning and was a link to her late husband.

She argued that forcing her to change her name had violated her fundamental rights.

Judgment of the European Court of Human Rights

The European court ruled that the government’s decision to change Tiborné Daróczy’s name had been unacceptably rigid and had completely disregarded her interests.

…the Court is of the view that the Government should take steps to rectify the applicant’s personal situation and recognise in some official manner that she may retain her longstanding name of Tiborné Daróczy.

Judgment of the European Court of Human Rights, July 2008

Follow-up

In 2009 Hungarian law was changed, to allow people in Tiborné Daróczy’s situation to apply to change their name back to what it had previously been.  

Two weeks later, Tiborné received the official documents confirming that she was allowed to use her old name.

Themes:

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