You are currently viewing La restricción a los servicios de identificación ¿representa una violación a los derechos en Venezuela?

Does the restriction of identification services represent a violation of rights in Venezuela?

In the month of September of this year, six (06) months of the pandemic were completed, in which Venezuelan citizens have had serious difficulties in accessing identification services, due to the measures of restrictions by the situation of Covid-19, the doors of the Administrative Service of Identification, Migration and Foreigners (SAIME), whose facilities have remained closed to the public, and consequently the paralyzation of the procedures.

It should be noted that various government agencies have been able to gradually resume their activities. and with the pertinent measures during the flexibilization weeks to attend the demand of the public. However, this has not happened in the SAIME, according to reports in national media such as El Nacional and Efecto Cocuyo. In spite of the fact that the authorities have urged to carry out the procedures through the web portal, the interested parties have not been able to pick up their identity documents at the offices.

The Right to Identity

In order to illustrate the reader on this topic, it is important to point out thatIdentity comprises the set of characteristics of a given individual that differentiate him/her from the rest. In the same way, identity responds to the individual's need to form social and cultural ties, the family group from which he/she comes from, society and a nation.

The set of traits that distinguish one individual from another areThe identity is considered as a response to the natural demands of the human being, and is therefore considered as a response to the natural demands of the human being.

In this sense, the right to identity arises as a manifestation of the individual's need for identification vis-à-vis the State.The aim is to recognize them as individual beings and to guarantee access to and protection of their rights.

Likewise, the right to identity constitutes an obligation for the States toThe company is responsible for carrying out records and processes that provide individuals with an identification with sufficient information.

From this perspective, the right to identity and its exercise guarantee access to various civil and political rights. established in multiple international instruments, as well as in our National Constitution, such as: the free development of their personality, family rights, the right to vote, among others.

Having said the above, the Constitution of the Bolivarian Republic of Venezuela in its article 56 enshrines the right to identity as follows:

"Every person has the right to a proper name, to the surname of the father and the mother and to know their identity. The State shall guarantee the right to investigate maternity and paternity.

Every person has the right to be registered free of charge in the civil registry after birth and to obtain public documents proving his or her biological identity, in accordance with the law. These shall not contain any mention that qualifies the filiation.".

Even though the States are facing a health emergency which requires immediate attention with appropriate and balanced strategies to guarantee the exercise and enjoyment of human rights. In this regard, the Inter-American Court of Human RightsIn previous months, the Ministry of Finance published a series of guidelines aimed at guiding the States in the adoption of restrictive measures taking into account the respect of human rights.

In view of the above, the Covid-19 situation has drastically changed all the dynamics and interaction of citizens with the organs of the State.The delays in the access of citizens to their respective identity documents, considerably violates the right to identity of the citizen and consequently may affect the enjoyment and enjoyment of other rights.

Sources consulted