1. Right to identity: birth registration, name, nationality, and family relations
Birth registration: UNICEF notes that “society first acknowledges a child’s existence and identity through birth
registration. The right to be recognized as a person before the law is a critical step in ensuring lifelong
protection and is a prerequisite for exercising all other rights.”1 A birth certificate documents the facts of a
child’s birth – such as date, place of birth, family relations and name. Specifically the information concerning
the place of birth and parentage is crucial for asserting a child’s right to nationality. Despite the right to birth
registration, an estimated 200 million children under the age of five do not have a birth certificate, including
an estimated 150 million children who are not registered.2 Poverty3 and discrimination4 are among the main
obstacles to accessing birth registration. Discriminatory civil registration laws may require both parents to
register a child, allow only the father or other male family members to register the child, permit the mother
to register the child only in exceptional circumstances, or require a marriage certificate – sometimes placing
this requirement solely on women.5 Linking birth registration with the legal status of parents is a major cause
of discrimination and results in the non-registration of children. Even if laws are not discriminatory, practices
may be and lead to the exclusion of women and girls, including from vulnerable and migrant groups. For
example, countries have developed strategies to restrict access to birth certificates for babies born to migrant
women with temporary or irregular status, aiming to deter their permanent settlement. Moreover, while
CEDAW guarantees women equal access to healthcare and administrative services, including birth
registration (Art. 12), migration enforcement policies in countries deter undocumented women from
accessing hospitals or registries due to deportation fears. These practices disproportionately affect
marginalized women, contravening CEDAW’s principles. Additional challenges disproportionately affect
children born as a result of conflict-related sexual violence (CRSV).6 The meeting will also be an opportunity
to discuss the lack of identity for children born of CRSV given the significant challenges they face.
Substantial efforts are needed to register all newborns at birth and clear the backlog of unregistered children
to recover from the full impact of the pandemic and accelerate the progress to achieve the 2030 Agenda of
legal identity for all, including universal birth registration. Various strategies have already driven considerable
progress, including those that simplified business processes, increased interoperability across sectors, and
increased demand through policy and legislative reforms such as decentralisation and digitalisation. States
should also decouple migration enforcement from public services such as prohibiting registrars from
reporting undocumented migrants.
Nationality: At the end of 2023, UNHCR statistical reporting included 4,4 million stateless persons and
persons with undetermined nationality covering 95 countries – although the actual global figure is expected
to be significantly higher.7 One of the key causes of statelessness is gender discriminatory nationality laws
and other laws such as civil registration and vital statistics (CRVS) as discussed above. Art. 9 of the CEDAW
guarantees equal nationality rights, including in the transmission of nationality to children. Yet, in 24
countries, women are denied this right. When a child cannot acquire nationality through their mother, and
the father is unable or unwilling to take administrative steps to confer his, the child may be left stateless.8
This denial of a child’s right to nationality is a clear violation of the child’s best interests. In addition to gender
discrimination, statelessness among children can result from discriminatory laws, policies and practices that
1 UNICEF. (2019). Birth Registration for Every Child by 2030: Are we on track? UNICEF. https://data.unicef.org/resources/birth-registration-for-every-
child-by-2030/
2 UNICEF (2024). The Right Start in Life: Global levels and trends in birth registration, UNICEF, December
2024, https://data.unicef.org/resources/the-right-start-in-life-2024-update/
3
Op. Cit at 2..
4 Loc. Cit. See also UN High Commissioner for Refugees (UNHCR). (2021, July). UNHCR and UNICEF: Background Note on Sex Discrimination in Birth
Registration. https://www.refworld.org/docid/60e2d0554.html
5 Ibid.
6
Global Survivors Fund (2024) Children born of Conflict-Related Sexual Violence and Rights to Identity https://www.child-identity.org/childrenborn-of-conflict-related-sexual-violence-and-rights-to-identity/
7 UNHCR, Global Trends: Forced Displacement in 2023. https://www.unhcr.org/global-trends-report-2023
8 UNHCR/UN Women. Background note on Gender Equality, Nationality Laws and Statelessness 2025
https://www.refworld.org/reference/themreport/unhcr/2025/en/149603