14
challenges disproportionately impact children born to
Roma parents, often due to intersecting barriers such
as antigypsyism, parents’ inability to obtain documents,
geographic isolation, and a lack of information, awareness, and trust in public authorities among marginalised communities.
While the law in most Beneficiaries provides that children should be registered irrespective of their parents’
residence or documentation status, the reality is that
undocumented parents – and particularly mothers encounter significant obstacles in registering the births
of their children. In practice, registration processes are
underpinned by inflexible and often discretionary documentation requirements, including requirements to
produce identity documents, residence permits, proof
of address, and marriage certificates. For those without
such documents, navigating civil registration systems
becomes nearly impossible in the absence of institutional flexibility and legal assistance. Among the most
pressing challenges is the lack of legal clarity in complex
cases, such as when parents are undocumented, unregistered, or foreign citizens without lawful residence,
which often leaves them unable to access birth registration. In such cases, broad discretion afforded to civil
registry officials can lead to inconsistent practices, with
parents frequently turned away or misinformed. In the
absence of dedicated support mechanisms or proactive
outreach by the authorities, many families miss birth
registration deadlines, leaving children without immediate access to a legal identity. This gap is rarely met
with effective responses to rectify the situation, and
instead responsibility is shifted onto parents who are already navigating precarious and exclusionary systems.
A fear of the authorities may deter undocumented families from engaging with services, particularly where
data sharing between civil registries and enforcement
bodies is permitted or insufficiently regulated.
Moreover, access to healthcare plays a pivotal role in
shaping access to birth registration across the region.
In most cases, healthcare settings or health professionals must initiate birth registration, and in some cases,
there are proposals to automate birth registration in
maternity settings to facilitate the procedure. However,
in all Beneficiaries, where women do not give birth in
a healthcare setting, further action is required to complete birth registration. This has a disproportionate
impact on Roma women’s ability to register births as
they often face barriers to accessing reproductive and
maternity healthcare due to discrimination, mistrust
of public services, geographic isolation, lack of health
insurance, and unregulated civil status, among other
factors. Women who are undocumented, stateless, or
without regulated residence status often face compounded barriers: they may be excluded from services
outright, discouraged by the risk of interaction with
immigration authorities, or deterred by bureaucratic
demands for documents they cannot provide. Even
where entitlements exist in principle, they may be undermined in practice by discriminatory attitudes or institutional policies that condition access to maternity
care on proof of legal identity.
These barriers result in a significant number of births
occurring outside the healthcare system, and in such
cases, the absence of a medical professional to verify and document the birth becomes a key obstacle.
Health professionals may be unwilling or unable to
issue a declaration of birth if they were not present,
particularly where liability concerns or institutional
rules discourage flexibility. Individuals who lack health
insurance may also lack access to a health professional
to certify the birth. This creates a vicious cycle: exclusion from healthcare leads to exclusion from registration, which in turn risks children not being registered,
thus perpetuating the risk of statelessness. Moreover,
the burden of resolving these issues typically falls on
mothers, who are often expected to navigate complex bureaucracies, meet tight deadlines, and provide
extensive documentation, often without legal assistance or support. Where women have limited autonomy, lower literacy, or constrained mobility, this burden is further exacerbated. While healthcare access is
frequently discussed in general terms, its impact on
birth registration is intersectional: it is women, particularly those from marginalised communities and
already in precarious socioeconomic circumstances,
who are left to bear both the physical and bureaucratic
consequences of exclusion. Ensuring that all women
have access to universal reproductive health and maternity care is not only a critical matter of individual
rights and wellbeing, but also a necessary condition
for safeguarding every child’s right to immediate birth
registration, legal identity, and citizenship.
Moreover, where initial barriers prevent children from
being registered at birth, inflexible late registration procedures and the absence of child-sensitive safeguards
can further increase the risk of statelessness. Once the
legally prescribed timeframe has passed, the pathway
to late registration in some Beneficiaries is highly bureaucratic and often costly. Late registration procedures
may involve additional documentation requirements