La muerte del progenitor y el derecho a la identidad de los hijos no reconocidos

Abstract

The right to the identity is a human right and therefore fundamentally for the development of the persons and of the companies, right this one who understands diverse aspects that distinguish a person from other one, includes the right to have a name and the possibility of identifying across a document of identity. This right to the identity has a direct and indissoluble entail with the right not to be discriminated, though it does not seem, but actually if they are connected rights, which refer for example to the health, to the intimacy and to the project of life, definitively in the right to the identity there meet other rights that also interfere to the moment that they are affected. The jurisprudence is pacific respect of the guardianship granted by the great letter to the right to the identity. This right is recognized also to level of the most advanced and lucid jurisprudence and foreign doctrine. The Court of Italian, pioneering Cassation in systematizing a tutelary doctrine of the right to the identity expressed to the effect that: " every subject has a generally considered deserving interest of juridical guardianship, of being represented in the life of relation by his real identity" It is my intention to approach the topic of the identity of the person and his protection in the order of the human rights, convinced that we all here already accept of item that it is not necessary to to speak about any of these rights in a dismantled way or aisladamente about the rest of the same ones. This wants to say that we assign to the so called theory of the integralidad of the rights.