2.
BIRTH REGISTRATION NORMS AND GOOD PRACTICES
The right to birth registration for all is enshrined in various international and
regional human rights instruments, with three frameworks relevant to the European
context: the United Nations, Council of Europe and European Union. The majority
of countries in Europe are Council of Europe members. Of the 47 Council of
Europe Member States, 27 are also members of the European Union. Within each
framework, different instruments may or may not apply, depending on whether the
State in question is party to them.
Article 7 of the Convention on the Rights of the Child (CRC)
1. The child shall be registered immediately after birth and shall have the right from birth
to a name, the right to acquire a nationality […].
2. States Parties shall ensure the implementation of these rights in accordance with their
national law and their obligations under the relevant international instruments in this
field, in particular where the child would otherwise be stateless.
The right to a nationality is a right that is ‘essential for the protection of every
child’.10 As signatories to the CRC, all States in Europe must implement Article 7 to
provide the right of every child to be registered immediately after birth and acquire a
nationality, and Article 8 to respect the right of the child to preserve his or her identity,
including nationality, in compliance with their obligations under relevant international
instruments. Obligations deriving from the 1961 Convention on the Reduction of
Statelessness require States to grant nationality to children who would otherwise be
stateless and must be interpreted in light of the CRC.11 This includes the underlying
principles of (i) non-discrimination (CRC Art 2) and (ii) that all actions concerning
children, including in the area of nationality, must be undertaken with the best interests
of the child as a primary consideration (Art 3). Birth registration is key to preventing
statelessness and securing the child’s right to a nationality, due to the information it
provides about a person’s links to a State.12 It is therefore key to implementing both the
Convention on the Rights of the Child and the 1961 Convention.