In light of the information presented in this background note,
UNICEF and UNHCR make the following recommendations:
1. All parents regardless of their sex should have
equal rights to register the births of their
children without discrimination. Laws,
regulations, practices and procedures that
allow only fathers to register the birth of a child
or that allow mothers to register the birth of a
child only in exceptional circumstances should
be reformed to provide fully equal rights to
mothers and fathers with respect to birth
registration.
2. Laws or regulations that require the physical
presence or consent of a father when a mother
seeks to register the birth of a child should be
reformed to allow mothers to register children
without the presence and/or consent of the
father. Cultural practices that lead officials to
require the physical presence or consent of the
father should be discouraged through
awareness raising campaigns, trainings of civil
registrar officials and penalties if the practice
persists.
3. Laws or regulations that require either or both
parents to present a valid marriage certificate
when seeking to register the birth of a child
should be reformed, as lack of marriage or lack
of proof of marriage should not be a barrier to
registration of a child’s birth. Cultural practices
that lead officials to request marriage
certificates even where these are not required
by law should be discouraged through
awareness raising campaigns, trainings of civil
registrars and penalties if the practice persists.
4. Laws or regulations that provide that only
opposite sex parents may register the birth of
children should be reformed. Cultural practices
that lead officials to deny birth certification to
children of same sex parents should be
discouraged through awareness raising
campaigns and training of civil registrars.
5. States should take measures to safeguard the
birth registration process from any form of
indirect discrimination and from discriminatory
cultural practices. This is a particular risk for
mothers with children born out of wedlock,
including as a result of rape, who might be
reluctant to approach the authorities for fear of
cultural stigma and shame or even criminal
liability. The practice of registering a child as
“illegitimate,” serves no legitimate State
purpose, is harmful to children and families and
contravenes the right to birth registration.
Likewise, the practice of registering parents or
children under “false names” should be
discontinued, as these can prevent biological
connections from being known and have an
impact on the ability of children to establish
his/her identity, know their origins and acquire
nationality by descent.
6. States should undertake education campaigns
to increase awareness amongst women,
families and communities on their rights, and
on the importance of birth registration to tackle
situations where lack of birth registration is
caused by low levels of awareness or
education on the part of the mother with a
particular focus on vulnerable groups such as
refugees, migrants, displaced and nomadic
populations.
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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