186
A. J. PETROZZIELLO
Whereas some human rights studies have examined the potential of individual treaty bodies for
upholding the right to birth registration—especially the CRC (Stein, 2016) and the Human Rights
Committee (Castan et al., 2011)—this study adopted an intersectional methodological approach
in order to overcome the prevailing siloed approach to the issue of birth registration. This
entailed an examination of the concluding observations issued on the matter from all the relevant
human rights mechanisms.
The study design was influenced by Bhabha’s (2011) edited volume, Children Without a State:
A Global Human Rights Challenge, in two ways. That study demonstrated the usefulness of
tracing a particular human rights challenge—in her case, child statelessness—across a range of
contexts in order to elevate the visibility of the problem and conceptualize how it is produced
from a global perspective. Second, Bhabha’s conceptualization of the scope of child statelessness
brings together distinct categories of people—the de jure (or legally) stateless people and the de
facto stateless (who may have a nationality but lack legal status where they reside, such as
migrants with irregular status or asylum seekers). This study adopts a similar approach—except
instead of taking the child as the starting point, it brings into view the experiences of diverse
groups of parents on the move, and the ways their precarious status and intersecting forms of
discrimination can impact their children’s access to the right to birth registration. This is an
important corrective to much of the literature on children’s rights. Children do not emerge from
nowhere; in particular, the birth mother’s access to her own legal status and related rights are
linked to the child’s. It also demonstrates the value of relationality, a point taken up in the
following section and the conclusion.
To operationalize intersectionality as method, the research design examined relevant recommendations from all of the treaty bodies. The main dataset used to construct the Global Inventory
of Exclusionary Birth Registration Practices (hereafter Global Inventory) was the Institute on
Statelessness and Inclusion’s Database on Statelessness and Human Rights (ISI, 2020). The database includes recommendations issued to states within the UN human rights system that are
related to stateless persons, nationality, children, discrimination, and implementing measures. At
the time the queries for this project were performed (June 2022), the database contained recommendations from all the available sessions of the UPR and the Committee on Migrant Workers
(CMW), as well as recommendations issued since 2010 by the CRC; the CEDAW; the CERD;
the Committee Against Torture (CAT); and the Human Rights Committee, which monitors
implementation of the International Covenant on Civil and Political Rights by its State parties
(ICCPR).
The results—which are discussed more fully in Petrozziello (2023; forthcoming)—establish
the global scope of the problem: a total of 756 recommendations issued to a total of 143 UN
member states on discriminatory birth registration practices. The sample was narrowed further
to the 230 issued to a total of 143 UN member states that mention birth registration in relation
to the prevention or reduction of statelessness. Among these, 58 countries were prioritized for
qualitative content analysis because they mention migrants, refugees, or asylum seekers and/or
they received more than one recommendation.
Once the sample had been drawn, brief summaries were prepared for each country in which
“practices of concern” were identified, based on secondary sources. The country summaries list
all the recommendations issued by the different human rights mechanisms and describe the
practice of concern that led the committee to issue the recommendation in the first place. So,
the research strategy was to work backward from the concluding observations of the treaty body,
by examining secondary sources available on the relevant treaty body website, including state
party reports and replies to the lists of issues, committee documents (e.g., report of the working
group, concluding observations, requests for information), alternative reports and stakeholder
submissions by nongovernmental organizations (NGOs), academics, UN entities, and other
observers.
Content analysis (Hermann, 2008; Krippendorff, 2013) via qualitative coding was carried out
in two phases. In the first, UN treaty body recommendations were compiled in an Excel sheet