On Freedom of Naming
Date Issued
2009
Date
2009
Author(s)
Hsu, Yen-Jane
Abstract
Abstracthe assurance of the human dignity is the supreme value of the Constitutional Law, as well as an inevitable status and moral integrity as human being. This is materialized in the first sentence of Article 1 of German Fundamental Law, and also confirmed by the practice of Constitution interpretation of this country. By way of differential names, we can thus be identified from abstract concept “human beings” and, become a unique individuality. In another words, the right to denominate as well as the right of living, body, health, freedom and privacy included in the right of moral integrity are the core value to assure the democratic constitutional system which based on human dignity, protection of individuality and integrity development. o have a canvass on the right of moral integrity, especially the right to denominate, the Judicial Yuan Interpretation No. 399 has to be mentioned. However, it is fuzzy that whether “the right of the name” or “the freedom of naming” is under protection of Article 22 of the Constitutional Law? Furthermore, is there any relation between both of them? For example, is “the freedom of naming” included in “the right of the name”? What’s the precise meaning of “the freedom of naming”? Therefore, we can not examine whether the intention of such interpretation is put into effect if such terms are not clarified. This thesis statement is trying to distinguish the both terms above mentioned, is Reaching to concept of “the right of naming” , too, and depict the outline of the freedom of naming as possible. Further, to locate its status under fundamental rights, and the relationship among it and social orders and public benefits, and its protection and functions required. In addition, to have a discuss on management principles and legislation limits about “Family Names” and “Last Names” to respond the intention of Judicial Yuan Interpretation No. 399.his thesis statement claims that the principle of protection on the freedom of denomination should be focused on self discretion. By means of the result of the research, I hereby confirmed that the object under protection of Judicial Yuan Interpretation No. 399 is the freedom of naming, and tried to define it. Eventually, trying to review the practice of the freedom of naming in this country based on the aspects of legal system and judicial practice.y way of compiling of this thesis statement, the legal system of the name should include both emphasis about the freedom of naming and the right of the name. The former is directed against the decision and change of names, the latter against the use of names.The right of the name is first prescribed in the Civil Code of R.O.C., nevertheless, “the freedom of naming” in written is mostly attached in relevant regulations and ordinance of birth registration and Parents’ rights but seldom prescribed in Civil Code except few countries, and discussions on it is rare. This thesis statement claims that “the freedom of naming” is a part of freedom of personality development, and major factor to assure the self respect of individual and human dignity. Therefore, the substantial and procedural protection measurements are required to put it into practice and fulfill its function. The relevant regulations and ordinance should be examined and adjusted to achieve this goal, especially on the insufficient or unpracticed part in applicable Law about “names under self discretion” to build up an integral and complete system, to become the ultimate result of this thesis statement. s regard to the research method of this thesis statement is jurisprudence research; the practical execution includes documentation analysis, legislation comparison analysis and case law analysis. eywordshe freedom of naming, the right of naming, the right of the name, the right of moral integrity, legal system of the name, human dignity, the freedom of personality development
Subjects
the freedom of naming
the right of naming
the right of the name
the right of moral integrity
legal system of the name
human dignity
the freedom of personality development
SDGs
Type
thesis
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