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To be clear, a failure to register a birth does not render someone stateless
as a matter of law. However, ‘registration of the birth provides proof of
descent and of place of birth and therefore underpins implementation of the
1961 Convention and related human rights norms.’146 Without it, a person
may find it exceptionally difficult to prove who they are in order to have their
nationality recognised. Non-registration of birth is an avoidable, but all too
frequent, cause of statelessness, and as Laura van Waas notes, it can be
difficult to know ‘where to draw the line between the simple lack of documentation and a case of statelessness.’147 This is why ‘[o]ne of the best means
of avoiding statelessness is to ensure recognition of an individual’s genuine
and effective link with a State, based on identifiable factors including place of
birth, descent, and residency.’148
Article 7(1) of the Convention on the Rights of the Child, art 24(2) of the
ICCPR and art 18(2) of the Convention on the Rights of Persons with Disabilities provide that a child must be registered ‘immediately after birth’. The right
to immediate birth registration is a distinct and separate right by which the
state records and acknowledges the existence and legal personality of a
Sustainable Development Agenda, Sustainable Development Goals: 17 Goals to Transform
Our World <http://www.un.org/sustainabledevelopment/development-agenda/>:
On 1 January 2016, the 17 Sustainable Development Goals (SDGs) of the 2030 Agenda
for Sustainable Development ---- adopted by world leaders in September 2015 at
an historic UN Summit ---- officially came into force. Over the next fifteen years, with
these new Goals that universally apply to all, countries will mobilize efforts to end all
forms of poverty, fight inequalities and tackle climate change, while ensuring that no-one
is left behind.
The SDGs, also known as Global Goals, build on the success of the Millennium Development Goals (MDGs) and aim to go further to end all forms of poverty. The new Goals
are unique in that they call for action by all countries, poor, rich and middle-income to
promote prosperity while protecting the planet. They recognize that ending poverty must
go hand-in-hand with strategies that build economic growth and addresses [sic] a range
of social needs including education, health, social protection, and job opportunities,
while tackling climate change and environmental protection.
While the SDGs are not legally binding, governments are expected to take ownership
and establish national frameworks for the achievement of the 17 Goals. Countries have
the primary responsibility for follow-up and review of the progress made in implementing the Goals, which will require quality, accessible and timely data collection. Regional
follow-up and review will be based on national-level analyses and contribute to follow-up
and review at the global level.
146
Guidelines on Statelessness No 4, UN Doc HCR/GS/12/04, 12 [55].
147
van Waas, Nationality Matters, above n 15, 196.
148
Batchelor, ‘Statelessness and the Problem of Resolving Nationality Status’, above n 1, 168
(citations omitted).