Barriers to immediate birth registration in Serbia
disproportionately impacting Romani population
Legislative amendments passed in Serbia in 2012 introduced a court
procedure to facilitate access to late birth registration for people who have
been unable to register their births in the birth registries. However, bylaws on
birth registration requiring parents to present birth certificates and identity
documents to register the birth of a child immediately after birth remained in
force and continue to disproportionately impact on the Romani population.
Children born in Serbia to undocumented mothers still cannot be issued with
a birth certificate at birth.26
5.
DOCUMENTARY PROOF OF BIRTH
International norms and good practice require States to issue documentary proof of birth to
children regardless of their or their family members’ documentation or residence status.27 In
the authoritative guidance provided in their recent joint general comments, the UN Committee
on the Rights of the Child and the Committee on the Protection of Migrant Workers have urged
States to ensure that all children not only have their births registered immediately, but are also
issued with birth certificates, irrespective of their or their parents’ migration status.28
Good practice
Only half of the 24 countries featured in the Statelessness Index demonstrate good practice
in this regard. All children, regardless of their or their parents’ documentation or residence
status should be issued with birth certificates upon birth registration, and States should take
all necessary measures to ensure a birth certificate is provided for every child. In Austria,
Bulgaria, Cyprus, the Czech Republic, France, Hungary, Italy, the Netherlands, Slovenia,
Spain and Switzerland, all children are issued a birth certificate upon registration, without
any further action being required by the child or the parents. In Portugal, a free certificate is
provided either digitally or on paper to all children after registration.
Issuance of birth certificates in Austria
All births in Austria must be communicated (usually by the hospital/doctor/
midwife) to the civil registry office in the place of birth within seven days,
regardless of nationality and legal status. Austrian civil registry offices are
obliged to immediately register all births notified to them and issue birth
certificates containing details of the place and time of birth, the name of the
child and the (legal) parents. Parents must submit documents confirming their
nationality and civil status but if documents cannot be presented, civil registrars
can conduct ex officio investigations or oral hearings and should be flexible
to facilitate birth registration for parents who cannot provide the required
evidence.