3.
BIRTH REGISTRATION IN EUROPE: A REGIONAL OVERVIEW
According to global estimates, one quarter of children under the age
of five have not had their births registered.13 Children are not always
provided with proof of birth registration, meaning an estimated 237
million children under the age of five do not have birth certificates.14
Regional data suggests that birth registration levels in Europe are
high, with estimates ranging from 99–100% suggesting that no child
under the age of five in Western Europe is without a birth certificate.15
However, there is a lack of available, comparable and recent data in the
region, and evidence from the Statelessness Index suggests that these
estimates may mask some barriers to birth registration in the region.
Analysis of the Statelessness Index data demonstrates that, whilst
some countries in Europe perform well across most international
norms and good practices on birth registration, there are still barriers
preventing children in some countries from realising their right to
immediate birth registration. Very little change has been reported over
the past two years among the countries added to the Statelessness
Index in 2017 and 2018, suggesting that progress towards achieving
universal birth registration in Europe is slow, and new challenges may
even be emerging.
Stringent evidentiary requirements, and access to birth registration
procedures being conditional on parents’ residence or documentation
status mean that some children are prevented from having their births
registered and are not being provided with a birth certificate in some
countries. Fees and additional requirements, such as complex court
procedures, proof of paternity or DNA testing, create further barriers
to accessing free and prompt birth registration after the deadline for
registration has passed.
Some countries lack formal procedures for determining whether the
child has acquired a nationality in cases where they may ‘otherwise be
stateless’. In some cases, countries insert an assumed nationality (or
‘unknown nationality’) at the point of birth registration or on the birth
certificate, which can be very difficult to change later and may mean
that States are unaware or don’t identify that a child born on their
territory may be stateless. This has implications for the functioning of
safeguards to ensure every child’s right to acquire a nationality. Laws
that require health professionals and civil registry officials to report
people who are undocumented or with irregular residence status to
immigration authorities, as well as reports of this happening in practice
in some countries where there is no such requirement, also deter
parents from approaching registration authorities and hinder access
to birth registration for children in migration. Due to discrimination,
certain groups are disproportionately affected by these barriers to birth
registration including members of minority groups such as Romani
people, refugees and migrants, and children of same-sex couples.
Measuring birth
registration
There is a critical difference between
so-called registration “completeness”,
a measure used by statisticians, and
the achievement of Universal Birth
Registration. On the UN Statistics
Division website, for example,
statistics only show whether countries
have birth registration rates of
more than 90% of vital events being
registered.16 Whilst less than 10% of
births remaining unregistered may
not appear statistically significant,
it is essential to interrogate these
statistics further to understand who
is still falling through the gaps and
why. The way birth registration rates
are measured may also mean that
some children are not captured in
national birth registration data. In
particular, marginalised populations
are more likely to face barriers to
birth registration, such as migrants
and refugees, minority groups,
undocumented people, or families
living in areas or circumstances less
likely to be captured in national
household survey data, such
as those living in orphanages,
residential care homes or hospitals,
in refugee or internal displacement
camps, asylum reception centres,
informal settlements, or homeless
or nomadic people.17 This briefing
uses the definition of ‘universal birth
registration’ to assess countries’
law, policy and practice, which goes
beyond aggregate birth registration
rates and considers the principle of
non-discrimination, in other words,
whether every person is “registered
regardless of their race, religion,
national origin, sex or any other
trait”.18