Syrian refugee Fahemyh registers baby Ali © UNHCR/Lilly Carlisle.
For example, in Fiji, the Law on Births, Deaths and
Marriages Registration16 only permits the mother
to register the birth of the child where the father
has died, fallen ill, is absent or unable to register
the birth. In Oman, the Civil Status Law 17 stipulates
that responsibility for registering the birth of the
child falls first to the father. The final person
eligible to register the child’s birth, should a
successive list of individuals following the father
be unavailable, is the mother. In Eswatini, the
Birth, Deaths and Marriages Act18 also specifies
that it is the father’s responsibility to register the
child. No mention is made of the mother and it is
only where the father has died, is absent or
unable to register the birth that any other person
present at the time of birth may register the birth.
This presumably includes the mother.
Women can only register the birth
of their children if they can prove
that the child was born in wedlock
In addition to the issues discussed above, in many
countries, women may register the births of their
children only if they provide additional documents
– generally, a marriage certificate. This effectively
excludes registration by mothers of children born
out of wedlock. In most countries that require
presentation of a marriage certificate, the
requirement applies to both men and women, i.e.,
a child can only be registered upon proof that his
or her parents are in a legal marriage. In some
countries, however, the requirement to present a
marriage certificate applies only to women. The
requirement to provide additional documents
particularly affects families that have been forcibly
displaced, as these documents are often left
behind during flight.
16 Article 11, Laws of Fiji, Chapter 49, Births, Deaths and Marriages Registration, 1975.
17 Article 16, Civil Status Law, 1999.
18 Article 15(1) of the Births, Deaths and Marriages Act, 1983.
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
9