Home » Justice allowed a young woman to change her name due to the bullying she suffered

Justice allowed a young woman to change her name due to the bullying she suffered

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Justice allowed a young woman to change her name due to the bullying she suffered

A judge from Río Negro admitted the incorporation of a second name in the identity document of a young woman due to the suffering she suffered during her childhood due to abuse and ridicule related to her original name.

In the story, the 20-year-old applicant explained that her main intention was to “leave her negative childhood memories behind,” something that the Viedma magistrate valued as valid to move forward with the legal process.

According to what was published by the Palabras del Derecho blog, the case was in the hands of Procedural Unit No. 7, former family court, headed by Judge María Laura Lumpe. After reviewing the evidence attached to the file, she came to the conclusion that there were “just reasons” to grant the applicant’s request, in accordance with article 69 of the National Civil and Commercial Code.

The young woman, a psychology student, had appeared in court with the intention of adding the name of her paternal grandmother, Emma, ​​a woman “strong in her convictions and affectionate,” to her ID. As she explained, she accompanied her upbringing and forged her personality over the years.

To support her request, the young student argued that since her childhood, around the age of 10, she had expressed that she wanted to bear that name, since it was also that of her paternal great-grandmother. She, in turn, reiterated the difficulties she went through during her childhood, while she was going through primary school, due to “mistreatment and ridicule” by her classmates.

In addition, she added that, currently, when she encounters people from primary school who still call her by her previous name, she feels that they do not represent who she is today. And she argued that when she entered high school she met people “who knew how to love her and value her by naming her Emma.”

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The young woman commented that although no one knows her formal identity, today everyone respects her desire to be called Emma. Her main motivation with this legal change was to “leave behind her negative memories from her childhood” linked to her name and a time that caused her “wounds that are difficult to forget.”

As endorsed by article 69 of the CCyCN, regarding “just reasons”, the rule includes “the pseudonym, when it has acquired notoriety” and “the affectation of the personality concerned, whatever its cause, as long as it is proven.” . The head of Procedural Unit 7 of Viedma evaluated that the young woman used the name Emma as a “notorious identity” on her social networks, as well as on her high school graduate jacket.

In turn, the testimony of the father was taken into account, who referred to the “damage” to his daughter’s personality coming from the “bullying suffered in her childhood” and her desire to bear the name of grandmother. “Her classmates at her elementary school harassed her, and her mistreatment caused her psychological discomfort… they hurt her a lot,” she added.

Three classmates from the psychology major declared that she “presents herself to others as Emma” and highlighted that her desire to be called that way in the university notebook and in classes was evident.

In the end, the judge stated: “I conclude that there are elements to be able to find the just reasons invoked in the claim as reasonable, based on the notorious use of the pseudonym -Emma-, the public belief that the petitioner’s name is -Victoria Emma- and the damage caused to her by bullying during her childhood by her peers in the school environment who identified her only with her name -Victoria-, assumptions provided for in art. 69 paragraphs a) and c) of the CCyC”.

“In such a way that in order for the young woman to continue building her identity and develop socially with the factors that individualize her autonomy of will in conditions of equality with others, for her better development as a person, added to the fact that The intended addition does not alter public order and safety (because there are no precautionary measures registered in his name and there is no opposition from third parties to his claim), I understand that it is best for his development as a person preparing his path in the near future as adults “, is to recognize her claim to add the name -Emma- to the current one she has,” the judge concluded.

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This is how he gave rise to the young woman’s request, ordered the introduction of the middle name to her document and issued a letter to the Civil Registry and Capacity of Persons to rectify her birth certificate.

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