27
ENDURING OBSTACLES TO BIRTH
REGISTRATION IN EUROPE
Even taking the stricter approach of defining complete or
universal birth registration as a rate of 100%, looking at this
issue purely through the angle of statistics is unsatisfactory
from a child rights perspective or when seeking to
understand whether children in Europe are exposed to the
risk of statelessness due to a lack of birth registration. Firstly,
34 countries in Europe which have reportedly reached 100%
registration have a “z” behind their entry in the statistical
overview. This indicates that an estimate of 100% birth
registration has been “assumed”, since the civil registration
systems in these countries “are complete and all vital events
(including births) are registered”.217 While this may be
accurate in statistical terms, i.e. within a particular acceptable
margin of error, it is not true in human terms. Not all children
born in Europe today, including in those countries with an
assumed 100% record, have their birth registered. That gaps
persist was apparent in many of the ENS studies conducted in
2015 and is illustrated by the selected case studies presented
later in this section. Any child who misses out is a child whose
fundamental right to birth registration remains unfulfilled and
represents a case that the child rights community should be
concerned about. As Plan’s call to action for its global UBR
campaign puts it: “Count Every Child”.218
The global birth registration data used for tracking progress
on the achievement of this right also does not illuminate
historic problems that may in fact endure. The indicator
used in the UNICEF report is defined as the percentage
of children under age five whose births are registered at
the moment of the survey. A child whose birth was not
registered but who is already over the age of five when the
data was captured will not be visible in these statistics. This
is particularly significant in those civil registration systems
where the parents are required to present their own birth
certificate or ID document in order to register their children.
A “historic” problem of birth registration thereby becomes
an intergenerational cycle, as the case of 30-year old mother
of three, Ljulja, from Serbia demonstrates:
“ I just want to get an ID card, like other citizens, and then
register the birth of my children. My greatest wish is that
my children go to school… There are a lot of good people
in our neighbourhood who help us survive, but they cannot
help us with the documents”.219
Ljulja’s own birth was never registered and her citizenship
not recognised. Her own children now face the same fate.
ENS studies in Albania, Estonia, Latvia, Macedonia, Poland
and Romania all found that the parents’ lack of identification
documents can block a child’s access to birth registration.
Research by UNHCR in Armenia reached the same
conclusion with respect to births in that country,220 and it
was also one of the reasons found for lack of access to birth
registration for Syrian refugees in Turkey, as outlined above.221
Indeed, birth registration can be impossible if the mother is
undocumented, regardless of the situation of the father.222
BREAKING THE INTERGENERATIONAL CYCLE OF LACK OF DOCUMENTATION
One of the ways in which states have sought to deal with an intergenerational lack of documentation is by simplifying
the procedures for the late registration of births, making it easier for adults who do not have a birth certificate to
acquire one, which can subsequently be used to register their own children’s births. In Serbia, a new court procedure
was introduced in 2012 for people who found it impossible to complete the administrative procedure for late birth
registration. According to the NGO, Praxis: “In the first year following the enforcement of the amendments to the Law
on Non-Contentious Procedure, through which the new court procedure was established, the date and place of birth were
determined for approximately 150 persons who could not get registered in the birth registry book. It testifies to the impact of the
improved birth registration procedure on the resolution of the problem of legally invisible persons”.223 While the Serbian birth
registration system still exhibits some flaws,224 this is an important improvement.
The Serbian experience has inspired similar law reform in Montenegro, which adopted its own court procedure for
late birth registration in April 2015. Moreover, it is part of a broader set of national and regional initiatives in the
countries of Southeast Europe to address the different factors that are obstructing birth registration for vulnerable
groups. In October 2011, the governments of Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of
Macedonia, Kosovo, Montenegro and Serbia, adopted a joint declaration on access to civil registration, known as the
“Zagreb Declaration”. Among its list of actions for the national level was: “Remove all obstacles to the documentation
and registration needs, particularly of vulnerable persons. This may include legal reforms, adequate residency and
documentation requirements, the waiving of fees, facilitated birth and subsequent registration and the issuance of identity
cards”. 225 When the governments reconvened in 2013 to discuss progress achieved, they noted – among others
– examples of law reform, database improvement, increased collaboration between stakeholders, use of mobile
registration teams and capacity building. Nevertheless, a number of ongoing concerns were also identified and further
recommendations for follow-up action formulated. 226
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