through “a universal, well-managed registration system that is accessible to all”.93 It is the
responsibility of the State which has ratified the CRC to ensure its full implementation, as
stated in Article 4 and elaborated in GC No. 5.94 The CRC Committee has also held that
“[u]niversal free birth registration is a prerequisite” for “barriers to children’s access to
health services, including financial, institutional, and cultural barriers, [...to] be identified
and eliminated.”95
50. Article 2 ICCPR prohibits discrimination and Article 24(3) ICCPR provides that every
child has the right to acquire nationality. In 2017, the Human Rights Committee noted the
“continued difficulties faced by internally displaced Roma” on ground such as registering
births 96 and recommended that Serbia increase its efforts to facilitate and enable the
registration of children whose parents lack identification documents.97
51. Article 5(d)(iii) ICERD contains a further undertaking by State parties to guarantee the
right, among others, to nationality. In its General Recommendation No. 27, the ICERD
Committee recommended that States review, enact or amend legislation to eliminate all
forms of racial discrimination against Roma,98 and ensure that legislation on citizenship
and naturalisation do not discriminate against them.99
52. The CEDAW Committee has been willing to recognise that discrimination persists against
Romani women and girls. For instance, in the Committee’s view in LA v North Macedonia,
it recommended that the State party adopt measures to combat intersecting forms of
discrimination against Romani women and girls.100
53. The UN Human Rights Council’s resolution ‘Birth Registration and the Right of Everyone
to Recognition Everywhere as a Person Before the Law’ emphasised the importance of
birth registration as an official record of a person’s existence and recognition before the
law, and expressed concern that unregistered persons would have limited or no access to
the services and rights they are entitled to.101 It further called on States to ensure universal,
accessible, simple, expeditious and effective registration without discrimination.
54. The intervenors finally note that Serbia was granted candidate status in the EU in 2012.102
Candidate States should aim to comply with standards under EU law, in particular, EU law
provisions against discrimination, such as Article 21(1) of the Charter of Fundamental
Rights of the European Union. This Court may also want to consider the findings of the
CJEU which held that the respect for private and family life in conjunction with the best
interests of the child obliges the immediate registration of children upon birth and the
provision of identity documents.103
Committee on the Rights of the Child, General comment No. 7 (2005) on implementing child rights in early
childhood, § 25.
94
Committee on the Rights of the Child, General Comment No. 5 (2003) on general measures of
implementation of the Convention on the Rights of the Child, p. 4.
95
Committee on the Rights of the Child, General comment No. 15 (2013) on the right of the child to the
enjoyment of the highest attainable standard of health, § 29.
96
Human Rights Committee, Concluding Observations on the Third Periodic Report of Serbia (10 April 2017),
CCPR/C/SRB/ 3, § 14.
97
ibid, § 15. See also Human Rights Committee, List of Issues in relation to the Fourth Periodic Report of
Serbia (3 May 2024), CCPR/C/SRB/Q/4, § 8; Praxis and ENS, ‘Joint Submission to the Universal Periodic
Review on Serbia’ (n 8).
98
CEDAW Committee, General Recommendation No. 27 on Discrimination Against Roma, § 1.
99
ibid, § 4.
100
CEDAW Committee, LA v North Macedonia, § 9.8(b)(i) and (vi). See also CEDAW Committee, SB and NB v
North Macedonia, § 9(vi).
101
UN Human Rights Council, Resolution A/HRC/RES/52/25 (n 2).
102
See European Commission, ‘Serbia, membership status: candidate country’, at ec.europa.eu.
103
CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021; CJEU, Case
C-2/21, Rzecznik Praw Obywatelskich, 24 June 2022.
93
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