Human Rights Comittee - Rexha and Faslliu v. Albania

Communicated case to the Human Rights Committee concerning 'immediate birth registration' by Albanian authorities who refuse on the basis of lack of a birth certificate in the form required by law.

Case name (in original language)
Rexha and Faslliu v. Albania
Case status
Decision pending
Case number
Case n° 3602/2019
Case n° 3602/2019
Date of decision
Court / UN Treaty Body
Human Rights Committee
Language(s) the decision is available in
Applicant's country of birth
Applicant's country of residence
Key aspects
Relevant Legislative Provisions

The authors claim that Albania breached the following provisions of the Covenant:

  • Article 24(2) ICCPR, for not having them registered immediately after birth and not granting their right to have a name;
  • Article 24(3) ICCPR for denying their right to Albanian nationality; and
  • Article 24(1) ICCPR for having been discriminated against based on their ethnicity.
  • Article 16 ICCPR
  • Article 17 ICCPR
  • Article 25 ICCPR
  • Article 26 ICCPR

The Albanian authorities refuse to proceed with the registration of birth of the victims because the victims cannot provide Greek birth certificate in the form required by Albanian law: a legalised act translated into Albanian and notarised. The victims cannot have their Greek birth certificate legalised because they are incomplete; in particular, their names are missing. The reason given by the Greek authorities for not including the names on the birth certificates is the parents’ undocumented status in Greece at the time the children were born there. This prevents the victims from being registered “immediately after birth” and from having a name.

Decision & Reasoning

Case under review by the Human Rights Committee.