Acquisition of citizenship through marriage and by descent - Compatibility with the ECHR

Facts

Mrs. A.X. and Mr. B.Y. were married on March 31, 1994. Through the marriage, Mrs. A.X. acquired the citizenship of the city of Winterthur and the canton of Zurich, without losing her single citizenship of the municipal community and the canton of Zug. The marriage produced a son, C., who bears the family name X. and acquired the citizenship of the city of Winterthur and the canton of Zurich.

On July 8, 1995, A.X., B.Y.X. and C.X. applied to the Civil Registry Office of Zug to have B.Y.X. and C.X. entered in the family register of the municipal community of Zug, in order to confer on them the cantonal and municipal citizenship of Zug. The Civil Registry Office of Zug rejected the request, which was challenged by the appellants.

Considerations

The Federal Court first found that the administrative court appeal is admissible, as it is a civil status matter. The provisions of the Civil Code on the acquisition of citizenship through marriage and by descent are contrary to the principle of equality between men and women, but are nevertheless binding on administrative authorities and courts.

The Federal Court denied that the acquisition of cantonal and municipal citizenship falls within the scope of protection of the right to respect for private…