Nine year-old Roy Miranda Martínez from Costa Rica has a plan: “The day I get my papers (birth certificate), I want to apply for a grant and
go to school – just like my brothers. This brings a lot of joy.” © UNHCR/Lucas Iturriza.
2.2 Cultural and practical barriers impeding women
from registering the birth of their children
In countries with prevailing patriarchal norms, the
law may allow both men and women to register a
child’s birth, but cultural practices may dictate that
only the male head of household can do so. Such
customs may be compounded by discriminatory
attitudes on the part of registrars and/or poor civic
awareness. Mothers may be asked by registrars to
provide legal proof of marriage or the father’s
identity card – even where these are not required
by law – or may be refused access to birth
registration procedures altogether.
Unmarried women may also not register a child’s
birth on account of prevailing social norms that are
unaccepting of children born outside wedlock. In
some contexts, hospitals may refuse unwed
pregnant women entrance and/or birth notification
services. In some countries, unmarried women
may be reluctant to register the births of their
children because the civil registry specifically
makes record of the fact that they are single
mothers. In other contexts, registration of children
born out of wedlock can be done through the
courts, but the procedure may be difficult and
opaque and may involve an investigation
undertaken by State authorities to determine who
the father is, which carries with it the risk of social
stigmatization. Finally, in some settings women
may also mistakenly believe that children’s births
can only be registered if the parents are married.
Culture is often invoked as a justification for
discriminatory policies against women’s ability to
register the birth of their children. In Malaysia’s
complex legal system, which encompasses
Islamic, civil and customary law, a child is
considered illegitimate if born out of wedlock.
Mothers of children deemed illegitimate are often
deterred from registering their children out of fear
that they will be discriminated against or
stigmatized by society if they hold a birth
certificate without the father’s name.
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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