As well as usually being necessary for the acquisition of nationality, birth
certificates continue to play an important role into adulthood, where they
may be needed in practice for a variety of purposes: to obtain social security
or a job in the formal sector, to buy or prove the right to inherit property,
to obtain identity cards, to vote, and to obtain a passport. The lack of such
documentation can mean that a child may enter into marriage or the labour
market, or be conscripted into the armed forces, before the legal age.
Registering children at birth is the first step in securing their recognition as
a person before the law, safeguarding their rights, and ensuring that any
violation of these rights does not go unnoticed.55
States have an obligation to register all births that occur in their territory.
This requirement is found in Article 7(1) and 8(1) of the CRC which all LAS
member States are a party to. Additionally, Article 24(2) of the ICCPR also
requires that States register all births. With respect to birth registration,
the Committee on the Rights of the Child has explained that States should
provide a universal, well-managed system that is accessible to all children
and free of charge.56 States must pay particular attention to children who
may have greater difficulties accessing birth registration, such as children
with disabilities, medical needs, as well as children born out of wedlock or
who live in remote areas.57 States should also facilitate the late registration of
birth, without financial penalty or lengthy procedures.58 To ensure that birth
registration systems are inclusive, accessible and effective, the State should
promote education and public awareness on birth registration systems,
including training public officers responsible for births and marriages in the
relevant agencies.
States must also ensure that their birth registration procedures are
accessible to both men and women, and available to all children whether
or not they were born within wedlock. The CRC requires that the rights
contained in the Convention are to be enjoyed by all children “irrespective
of the child’s or his parent’s or legal guardian’s race, colour, sex, language,
religion, political or other opinion, national ethnic or social origin, property,
disability, birth or other status.”59 In order to remove barriers to birth
registration, States should implement birth registration systems in which
marriage certificates are not required for the registration of new births.
In addition, no indication should appear on birth certificates to designate
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