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Photographer Greg Constantine recalls his encounter with
15-year old Deni in Serbia – the oldest of seven siblings, all
without proof of their birth or identity and consequently
unable to confirm or receive documentation of their Serbian
citizenship.202 This is a problem faced by many hundreds of
children in Serbia203 and many more across Europe.204 It is
particularly acute among Roma communities, such as Deni’s,
but there are other groups which also face distinct obstacles
in accessing birth registration. Hidden behind the myth of
“complete” registration are the stories of different populations
whose prospects of achieving the registration of their child
can be considerably hampered by their circumstances, be they
minority groups, irregular migrants, unmarried couples or the
rural poor. This section illuminates some of those challenges.
The right to be registered at birth is a fundamental right of
every child, protected by – among others – article 7 of the
CRC, where it sits alongside the right to acquire a nationality.
In recent years, there has been a big global push by child rights
organisations to achieve “Universal Birth Registration” (UBR).205
It is also expected that one of the new Sustainable Development
Goals which will be adopted in September 2015 will contain a
target relating to legal identity and birth registration for all.206
Europe has been a strong supporter of efforts to improve
birth registration coverage. The EU, for instance, has provided
financial and technical support for programmes to strengthen
civil registration systems.207 Yet, with the occasional exception,208
the focus of European interest in UBR has been on improving
access to birth registration outside Europe. The same is true
of the major child rights actors: their UBR campaigning and
programming has been directed towards other regions.
COMPLETE VS UNIVERSAL BIRTH
REGISTRATION?
A look at UNICEF’s statistics on birth registration coverage
provides an explanation as to why the focus of UBR work is
on countries outside Europe. The total percentage of births
registered is reported to be 100% in 39 of the 47 member
states of the Council of Europe. Of the rest, there are two
countries for which no data was available (Croatia and
Romania) and four countries for which the birth registration
rate is reported as 99% (Albania, Georgia, Montenegro and
Serbia). Just two countries score relatively poorly against this
European average – Azerbaijan and Turkey – both reporting
registration rates of 94%. When set against the global average
of 65%, it is indeed evident that far more work is needed
elsewhere than in Europe to ensure that the right of all
children to have their birth registered is realised.209
However, there is a critical difference between so-called
registration “completeness” as statisticians would measure it
and the achievement of Universal Birth Registration. As UNICEF
has pointed out, the definitions of “completeness” used by the
UN Statistics Division (UNSD) are inconsistent: “most UNSD
handbooks equate complete and universal. UNSD defines the
latter as 100 per cent. On the UNSD website, however, countries
are shown with birth registration rates, or death registration rates,
which are complete when more than 90 per cent of vital events are
registered”.210 Thus, UNSD seems to consider all European birth
registration systems to have reached “completeness”, even those
at 94%. This is a term which suggests that no-one is left behind,
but it is very much a statistical perspective on the issue and can
obscure realities on the ground, as illustrated by Deni’s case
presented above.211 UNICEF has therefore determined that,
from the perspective of its mission to protect the rights of all
children, “a safe choice is to use universal and define universal as all
vital events, births, etc., that is 100 per cent”.212
BIRTH REGISTRATION IN THE
CONTEXT OF THE SYRIA CONFLICT
The war in Syria has prompted forced displacement on
a massive scale. In Europe, Turkey hosts by far the most
Syrian refugees: at least 1.5 million people, but perhaps
as many as double that number.213 An issue which is now
emerging in the midst of the massive humanitarian crisis
is the challenge of birth registration for children born in
exile to Syrian refugees – be it in Turkey or other countries
of refuge. Research conducted by Refugees International
in Turkey in March 2015 has shed light on the problems
encountered there, as illustrated by the following story:
“Doctor Nazir’s pregnant wife arrived in Turkey with
a one-year old and no documentation. They had fled
the unbearable bombardment of their home town,
Aleppo, while Dr. Nazir remained in Syria to work in an
underground field hospital. Dr Nazir had defected from the
Syrian military in 2012, and was officially declared dead the
same year. Because he no longer legally existed, Dr Nazir
was unable to register his 2013 marriage or the birth of his
first child in Aleppo. When his second baby was born in
Turkey in 2015, shortly after his wife’s arrival, she could not
file an application for the baby’s birth certificate because
Dr Nazir remained in Syria and she had no legal proof of
her marriage or her husband’s birth certificate”.214
Although no reliable data is available, it has been
estimated that as many as 60,000 babies have been born
to Syrian refugee parents in Turkey since the beginning
of the crisis.215 A lack of the necessary documents,
ignorance about the procedures, even fear of the
possible ramifications of registration – all of these factors
are hampering birth registration for these children.
In situations of forced displacement, with fractured
families and identification documents commonly lost
or destroyed, the risk is high that problems of access
to birth registration will prompt difficulties in securing
recognition of nationality. The backdrop of discriminatory
nationality laws in the country of origin (Syrian women
are not entitled under the law to pass nationality to their
children) serves to further heighten this risk. As Refugees
International has pointed out, “concrete steps taken now
by host governments to legally record a child’s birth and
collect specific information about their father’s name,
location of birth, and family members could facilitate the
ability of Syrian children to claim their citizenship and
repatriate to Syria when stability there is restored”.216
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