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- Title
Legal aspects of transcription of personal names in the Latvian language.
- Authors
NAUMOVA, KARINA
- Abstract
Personal names perform various functions; they are means of identification of a person among other individuals, as well in personal documents issued to the individual. The name a person acquires immediately after birth becomes a very important part of their life, thus becoming an essential part of their rights. Nevertheless, personal names are language units as well, they are to be included in various documents, such as diplomas and certificates; therefore, they are bound to occur in sentences, either written or spoken, thus becoming part of the language they are used in. Every language has its peculiarities that influence personal names, and the Latvian language is no exception. It is a language with an interesting history, many changes in the governing cultures, and that has resulted in certain changes in name - giving customs , as well as in changes in transposition of foreign personal names in the Latvian language. Therefore, precise regulations have been developed in order to ensure the correct reproduction of foreign personal names in the Latvian language, as well as to ensure the use of correctly written names among Latvian nationals. Nevertheless, as personal names are part of an individual's rights, including the right to private life or privacy, such re production of names may result in interference with those rights. Therefore, the aim of this paper is to examine the legal and linguistic aspects of transcription of personal names in the Latvian language, so as to determine if the rights of an individual may come into conflict with State language policy. For this purpose relevant domestic, European and international legal acts have been examined, revealing the role of personal names in individual rights, and stating the relevant provisions of such legal acts. After examining the laws, their application in court decision s was investigated . The fact that several applicants have turned to the courts shows that dissatisfaction with the current situation with regard to transcription of personal names in the Latvian language is present. Furthermore, after examining the relevant court proceedings, as well as decisions of the European Court of Human Rights and the Human Rights Committee, the inevitable conclusion is that the standards of the European Court of Human Rights and the Human Rights Committee differ on this subject. Even though the European Convention on Human Rights and the International Covenant on Civil and Political Rights both provide for respect for private life (privacy), with the difference of the Covenant no t providing the Member States with a margin of appreciation, the difference of opinion indicates that views on interference by the State being proportionate to particular circumstances differ. Having examined the court proceedings and the decisions of the European Court of Human Rights and the Human Rights Committee, their influence on the current situation was analysed . Seemingly , if a matter has once been settled, it must establish a pattern to be followed in succeeding cases on the same issue. Nevertheless, every judgment refers to only one particular case, the case the judgment has been delivered in. So after examining the influence or its absence of the judgments and decision s on the current situation of transcription of personal names in t he Latvian language, conclusions on this subject matter were established, providing suggestions as to achieving the best possible compromise between the rights of the individual and the preservation of the Language.
- Subjects
LATVIAN language; NAMES -- Law &; legislation; TRANSCRIPTION; PERSONAL names; HUMAN rights; DECISION making
- Publication
Riga Graduate School of Law Research Papers, 2014, Issue 11, p1
- ISSN
2256-0149
- Publication type
Article