Facts
Choujaâ L., of Tunisian nationality, and Anne Marie H., of Swiss nationality, were married in 1972 and have three children, including a daughter born on February 16, 1982, to whom they gave the forename "Amel". The civil registrar of Lausanne refused to register this forename, considering that it did not clearly indicate the child's sex. The parents unsuccessfully appealed this decision to the cantonal authorities. They finally filed an administrative law appeal with the Federal Tribunal, concluding with the annulment of the State Council's decision and the registration of their daughter under the sole forename "Amel".Considerations
The Federal Tribunal dismissed the appeal. It considered that Art. 69 para. 2 OEC, which allows the refusal of a forename that does not clearly indicate the child's sex, is in conformity with the Constitution and the law. This restriction on the parents' freedom to choose their child's forename aims to protect the child's interest, who must not be designated in an ambiguous manner, at the risk of exposing them to mockery and creating difficulties in assuming their sexual identity.
The Tribunal noted that the forename "Amel", although feminine in certain Arab countries, is not…