In some countries, national ID cards are only
issued at the age of majority, while the issuance of
passports may be subject to discriminatory and
procedural barriers for various categories of
children such as those born to foreign fathers. In
these contexts a birth certificate often serves as
temporary proof of nationality until the age of
majority is reached in order to access education
and healthcare.
Certain population groups experience more
challenges in accessing birth registration than
others. Nomadic and border-dwelling populations,
for instance, are more likely to experience
geographical obstacles when attempting to
access birth registration services. Lack of a birth
certificate may place them and their children at
particular risk of statelessness given that they may
be perceived as not fully belonging to the country
or countries in which they reside. Members of
minority groups may also find it difficult to access
civil registration and documentation on an equal
basis with their fellow citizens, which can put them
at risk of statelessness. Migrants in an irregular
situation, asylum seekers and refugees may not
have the information they need about how to
register the birth of children or may not want to
approach birth registration authorities for fear of
detention or deportation. Refugees and Internally
Displaced Persons (IDPs) may have lost their own
documents in flight, which can make it harder to
register their children. They may also experience
difficulties in accessing birth registration in the
country or place of refuge. Unaccompanied,
separated and abandoned children often lack
documents establishing their identity, creating a
risk of statelessness.
Birth registration and non-discrimination against women as
fundamental human rights
Birth registration is a fundamental right and States
have a duty to register all births that occur in their
territory irrespective of the legal status of the
parents.9 The Convention on the Rights of the
Child provides in Article 7 (1): ‘The child shall be
registered immediately after birth and shall have
the right from birth to a name, the right to acquire
a nationality and, as far as possible, the right to
know and be cared for by his or her parents.’
As the fulfilment of the right to be registered is
closely linked to the realization of other rights,
the obligation on States to register the birth of
children is also found in several other widely
ratified international human rights treaties.
Article 24 of the International Covenant on Civil
and Political Rights (ICCPR) requires States to
conduct birth registration immediately after birth
and without discrimination of any kind.
9 UN Human Rights Committee, General Comment 17 on Article 24 (Rights of the Child), April 1989, paras. 7-8. See http://www.
refworld.org/docid/45139b464.html; OHCHR, Birth registration and the right of everyone to recognition everywhere as a
person before the law, 17 June 2014, paras 11 and 85(a); and UNHCR, Conclusion on civil registration No. 111 (LXIV)-2013, 17
October 2013. See http://www.refworld.org/docid/525f8ba64.html; UN Committee on the Rights of the Child, General
Comment No. 7 (2005): Implementing Child Rights in Early Childhood, 20 September 2006, para. 25. See http://www.
refworld.org/docid/460bc5a62.html
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