ⓘ Ciubotaru v. Moldova was a case decided by European Court of Human Rights in 2010. Ciubotaru sought to have his ethnicity changed from Moldovan to Romanian on h ..


ⓘ Ciubotaru v. Moldova

Ciubotaru v. Moldova was a case decided by European Court of Human Rights in 2010. Ciubotaru sought to have his ethnicity changed from Moldovan to Romanian on his birth and marriage certificates, which Moldova refused. The Court found that Moldovas procedure for changing ethnicity of record violated Article 8 of the European Convention on Human Rights.


1. Background

In 2002, when applying to have his old Soviet identity card replaced with a Moldovan one, Mr. Ciubotaru submitted that his ethnicity was Romanian. As he was told that his application would not be accepted unless he indicated Moldovan ethnicity, as in his and his parents Soviet documents, he complied.

Afterwards he requested the relevant State authority to change his ethnic identity entry from" Moldovan” to" Romanian”. His request was refused with the argument that since his parents had not been recorded as ethnic Romanians in their birth and marriage certificates, it was impossible for him to be recorded as an ethnic Romanian. He was advised to search the archives for traces of Romanian origin of his ancestors. Appeals to domestic courts were refused.


2. Opinion of the Court

The Court found for Ciubotaru. The Court explained that it understood that authorities should be able to refuse a claim to change ethnicity of record when the claim is based purely on unsubstantiated subjective grounds. However, Moldovas legal requirements created insurmountable barriers on an individual wishing to record an ethnicity other than the ethnicity that Soviet authorities defined for the individuals parents. The Court also found that Ciubotarus claim was based on more than merely subjective grounds, as Ciubotaru could produce objectively verifiable links with Romanian ethnic groups. Evidence such as language, name, and empathy cannot be relied on under Moldovan law in force.

The Court concluded, that the procedure of changing ethnicity record violated Article 8 right to private life of the European Convention on Human Rights, and ordered Moldova to pay the applicant 5.000 Euros.


3. Concurrence

Judge Mijovic filed a concurring opinion, pointing that I consider self-identification primarily as a matter of personal perception rather than a matter based on objective grounds, and that is why I do not share the Chambers reasoning in the judgment.

  • may refer to Plaintiff in Ciubotaru v Moldova Alexandru Ciubotaru director of the Chișinau Botanical Garden Ionel Ciubotaru mayor of Roznov, Neamț Liviu
  • Bucieș, Curița Right: Zboina, Marmora, Haloșul Mic, Haloșul Mare, Haloșul Ciubotaru Buciumi Planul național de management. Sinteza planurilor de management
  • unitaților administrativ - teritoriale al Republicii Moldova CUATM in Romanian Bivol, Elena Valentin Ciubotaru Cool springs in arid and salty Tartaul de
  • Sov. pisatel 2001 44. in Romanian Mihail Gh. Ciubotaru - Nu rascoliti apele negre in Moldova nr. 12 1990. In Dubossary the buildings of the
  • supported by elements of the Russian 14th Army and pro - Moldovan forces, including Moldovan troops and police. Fighting intensified on 1 March 1992 and
  • 1. Ciubotaru M. Gradinile publice din Iași in secolul al XIX - lea. Gradina Publica din Copou. Colecția Monumentul XVI. Muzeul Național Moldova Ministerul
  • Viișoara is a village in Edineț District, Moldova Coordinates: 48 5 41 N 27 2 41 E 48.09472 N 27.04472 E 48.09472 27.04472 Lista primarilor
  • 2009, p. 428. Ciubotaru 2005, pp. 70 - 71. Gorovei 2014, pp. 407 - 408. Ciubotaru 2005, pp. 70 - 77. Siruni 1944, pp. 11, 19, 25, 61. Ciubotaru 2005, pp. 71 - 72
  • Ghiduleni is a commune in Rezina District, Moldova It is composed of three villages: Ghiduleni, Roșcanii de Jos and Roșcanii de Sus. Results of Population
  • 248 Iorga, p. 120 Luca, pp. 53, 54, 73 Stoicescu, p. 347. Mircea Ciubotaru O problema de demografie istorica de la sfarșitul domniei lui Ștefan