HENRY KISMOUN v. FRANCE - 32265/10 - Chamber Judgment (French Text) [2013] ECHR 1236 (05 December 2013)

HENRY KISMOUN v. FRANCE - 32265/10 - Chamber Judgment (French Text) [2013] ECHR 1236 (05 December 2013)

The French authorities failed to adequately consider the applicant's interest in having a unique identity and did not sufficiently weigh his individual circumstances against public interest, resulting in violation of Article 8.

Source-derived case information.

Citation
[2013] ECHR 1236
Parties
Applicant: Christian Cherif Henry Kismoun; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
violation of Article 8 found; application allowed in part
Legal Topics
Right to Respect for Private and Family Life, Change of Name, Identity, Discrimination
Human Rights Civil Law Right to Respect for Private and Family Life Change of Name Identity Discrimination

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Parties

Christian Cherif Henry Kismoun

Applicant

Republic of France

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether refusal to change applicant's surname violated Article 8 of the European Convention on Human Rights
  2. 2 Whether the refusal constituted discrimination under Article 14 combined with Article 8

Ratio Decidendi

The French authorities failed to adequately consider the applicant's interest in having a unique identity and did not sufficiently weigh his individual circumstances against public interest, resulting in violation of Article 8.

Court Disposition

violation of Article 8 found; application allowed in part

Orders

  • France must pay applicant 4,000 EUR for moral damages within three months.
  • France must pay applicant 7,654.40 EUR for costs and expenses within three months.