The right to birth registration is also included in the International Convention on the Protection of Migrant Workers and Their Families,10 the Convention on the Rights of Persons with Disabilities,11 and in many regional human rights instruments. The principle of equality and non-discrimination against women is also well-established in international human rights law.12 The primary international human rights treaty concerned with the protection and promotion of women’s human rights is the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which has as its object and purpose “to eliminate all forms of discrimination against women with a view to achieving women’s de jure and de facto equality with men in the enjoyment of their human rights and fundamental freedoms”13 Article 2(f) of CEDAW requires States Parties to “take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women.” Article 9(2) of CEDAW states that “States Parties shall grant women equal rights with men with respect to the nationality of their children.” Discrimination against women which prevents them from registering the births of their children can interfere with the fulfilment of States’ obligations under Article 9(2) of CEDAW.14 Other widely ratified human rights treaties also contain obligations relating to the equality of women. For example, the ICCPR in Article 3 requires States to ‘undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.’ 10 Article 29, International Convention on the Protection of Migrant Workers and Their Families, 1990. 11 Article 18(2), Convention on the Rights of People with Disabilities, 2007. 12 Article 2 of the Convention on the Rights of the Child, 1989 (CRC) promotes the principle of non-discrimination in the application of the CRC for all children within a State’s jurisdiction. 13 UN Committee on the Elimination of Discrimination Against Women (CEDAW), General recommendation No. 25, on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women, on temporary special measures, 2004, para. 4. See https://www.refworld.org/docid/453882a7e0.html 14 CEDAW, General recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, 14 November 2014, paras 56 – 57. See https://www.refworld.org/docid/54620fb54.html 6 B AC KG R O U N D N O T E O N S E X D I S C R I M I N AT I O N I N B I R T H R E G I S T R AT I O N

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