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The Forum > General Discussion > SHould United Nations Agreement on Human Rights contain right to have a name a person chooses

SHould United Nations Agreement on Human Rights contain right to have a name a person chooses

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Convention on the Rights of the Child contains right of child for their names. For the grown person such right is missing among human rights. That might look not so serious unless one gets in the position of realisation that no documents comes from government departments in own name. Name might be recorded somehow somewhere, but would not be given each time they issue documents for you. There is no law that would require government to use only name which was disclosed to the department. The departments feel free to cut, edit or alter the name by the way they discreet to do. Usual way is to use first and last name only. Then how one can proof that you are the person who was born in certain place under certain name (with middle names) and not someone with the same first and last names who was born in another place with other middle names?
What we can put forward when asking government to issue documents in the name that was actually disclosed to the departments?
Posted by Tatiana, Monday, 1 March 2010 11:51:32 AM
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You can change your name in Australia, it's called changing you name by deed poll.

As for say being born with one name, adopted out and the name is changed to that of the adopted parents. This happened to me. Current Australian law allows you to find out that name.

It is then a matter of changing one's name by deed poll, if you want to.

In Australia only the last name is mandatory.I.e. My adopted mum's correct first name is Mary but when we went to PNG "mary' is what all native women are called in pigin. So she changed it to Carol and for 50 years she is known by carol to some Mary to others depending on where they met her. My adopted father changed his first name from Duncan to Lawrence to avoid 'dunny can' (toilet) teasing at school.

To make it a human right strikes me as a little unnecessary
"a rose by any other name still smells as sweet" William Shakespeare.
Posted by examinator, Tuesday, 2 March 2010 12:12:29 PM
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Hi Examinator
I have noticed your sharp comments on many of the threads. Thank you for your comments here.
I am familiar with the proceedings of change of name. Apparently deed poll is not registered anymore in Australia after 1995 or so. Registration is now under statute – Birth, Deaths and Marriages Acts of the states. That is also usual common law change of name where name is considered changed once the person start using and to be known under different name(s).
The problem may arise, believe you or not, when you ask government department to produce you all the documents in your name. Agency might response that personal information is recorded on the system, but they have business rules to use on the documents only first and last name, for instance, or other combination. In my case, they would use first name, initial for one middle name and last name, missing initial for second middle name. Thus name on the most of my documents would appear different of what I have provided. And there is no law to pursuer them to give me documents in my name. It seems that they can discreet on it. They say, that electronic record system limitation would not let them to have full name or both initials for middle names on the documents issued such cards, tax assessments, refund notices, government loans, superannuation statements etc – very important legal documents
Posted by Tatiana, Tuesday, 2 March 2010 2:05:17 PM
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Even electoral poll cuts one letter from my name! And that is where legislation provides that I have right to have my name on the poll !
After that, other government departments insist that or name is changed or I am not the person who has two middle names because the documents I can show do not display any indication of second middle name. etc etc etc Name with two middle names also is on the Citizenship Certificate that brings even more worry.
Legal proceedings would bring affirmation of the decision of government departments in those two contradicting aspects:
1) agency can issue with the document in the name which is not the name is disclosed to the agency;
2) you are not the one with two middle names (see my worry about Citizenship Certificate too) or name was changed and change has to be registered against my will thus registering alternate identity (I have never wanted this name and that against common law principle of change of name) etc etc.

In fact topic is large despite of simplicity on the first sight.

Now, I do believe that there could be corruption element in all this proceeding of recording of personal information. Definitely, that laundering of identity could take place (too much to post…).
And back to the beginning, there is no supporting right or not advised to have documents coming from government departments in the name that was actually provided.
I do believe that name should be basic human right so at least declaratory right to be here.
There is even more probplems with identity records in Australia but it appears that giverment wants to maintain system in current messy state and not to properly identify people. For instance, my Citizenship Certificate has only name and date of birth. Australian passpost name, date of birth and city of birth, but does not state country of birth. there is much more to say on the topic
Posted by Tatiana, Tuesday, 2 March 2010 2:17:24 PM
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As a first step, I just want basic right to request for my name to be on each and every document produced by government.
Should this basic right to be included into Agreement on Human Rights? Would you consider this proposition if you got refusal to have your own name on the documents from government etc
Posted by Tatiana, Tuesday, 2 March 2010 2:22:17 PM
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Tatiana: have you tried your Local Member to despatch letters to relevant government departments on your behalf? This will save you a great deal of timely and exhausting work ringing, emailing and phoning different government departments.

The Local Member will sit down with you to discuss the omission of your letters in your name problematically demonstrated previously and liaise with the Electoral Commission, Births Deaths and Marriages, The Ombudsman of the relevant govt bodies involved in rectifying this problem if the Departments are not addressing the issue raised.

Too lengthy a wait writing to Ministers: approach your Local Member; it is a quicker process.

Kindest wishes
Posted by we are unique, Thursday, 4 March 2010 12:02:12 AM
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