INTRODUCTION INTRODUCTION It is important to note that every child born in South Africa is entitled to birth registration regardless of whether their parents are South African citizens or not, and whether their parents are documented or not. The birth certificate does not necessarily confer South African citizenship, but it records important details such as place of birth and parentage that enable the child to claim citizenship either in their country of birth or any other country. A birth certificate is also helpful (and in some cases mandatory) in an application for citizenship, refugee or immigration status. The documentation process of the child thus begins with birth registration. OVERVIEW CHAPTER 1 Defines some legal concepts relevant to the documentation of children in South Africa that will be used in the guide. CHAPTER 2 Outlines the key national, regional and international laws and principles relevant to the documentation of children in South Africa to be referenced in the guide. CHAPTER 3 Provides step-by-step guidance on the three main legal pathways to documentation and legal status in South Africa, beginning with birth registration. CHAPTER 4 Explores the Children’s Court processes relevant to the documentation, care and protection of vulnerable children in South Africa. CHAPTER 5 Gives an overview of some positive developments in law and policy that have encouraged greater inclusion and access to rights for undocumented children in South Africa. CHAPTER 6 Includes a variety of case studies and proposed solutions to demonstrate the practical application of the guide to common documentation issues. 6| THREE LEGAL PATHWAYS TO DOCUMENTATION AND LEGAL STATUS IN SOUTH AFRICA 1 2 3 Citizenship Status Refugee Status Immigration Status