Análisis de la vulneración al derecho a la identidad por la falta de un procedimiento administrativo general para el cambio de apellido ante el Registro Civil.

Abstract

This thesis examines the violation of the right to identity due to the absence of a general administrative procedure for changing surnames in the Civil Registry, according to the Organic Law on Identity and Civil Data Management. The main objective is to analyze how the lack of a clear regulatory framework affects the rights of people to express their personal and cultural identity through their surname. The methodology includes a comparative study of legislation in Panama, Colombia and Argentina, and concludes with proposals for legislative reform to align with international human rights standards. The study begins with a definition of the right to identity and its importance in legislation and international treaties. A critical analysis is carried out of the legal and administrative barriers that prevent the change of surname outside of cases of notorious possession, evaluating the legal and social repercussions of these restrictions. Through a comparative law approach, legislation in countries such as Panama, Colombia and Argentina is examined, providing a broad context on how they have addressed similar problems. Finally, the thesis proposes a reform to Article 78 of the Organic Law on Identity Management and Civil Data, suggesting that the change of names and surnames be allowed at will, without the current restrictions, thus aligning the legislation with international standards. of human rights and promoting a more inclusive society that respects diversity.