The right to name and the right to name. contents and limits

Abstract

The name, one of the first letterheads for presentation to society, is one of those rights that due to its obviousness is not attractive for research despite its fundamentality; However, this deserves special attention due to its social function, due to the procedural difficulty for its modification, and because – ironically – the first effects on its essential content may come from the parents themselves. “Strange”, “curious” or “extravagant” names have proliferated in our environment, and those affected are, in particular, children and adolescents who are mocked for them. Due to the social criticism and the administrative measures issued, a debate has been raised – tacitly – on the relationship of tension between the right to name that parents have and the possible regulations thereof, which in generic terms can be formulated as a struggle between parental freedom and state intervention. Notwithstanding the plausibility of the approach, from our perspective the discussion should focus on the right to a name and the right to name, which does not imply the exclusion of the presence of the State, since its concurrence will be necessary to the extent that it is necessary. ensure an adequate balance between the rights that may be in conflict.