ensure “immediate” birth registration by
registering children within days or weeks
of birth (not months or years) while
allowing time for cultural practices
provide accessible, free, and flexible
registration systems, including mobile
registration units in schools or hospitals
remove barriers like fees, penalties, or
indirect costs such as mandatory DNA
tests
implement
inclusive
and
nondiscriminatory registration for vulnerable
groups e.g., children with disabilities,
children of refugees or migrants, children
of imprisoned mothers, children affected
by HIV/AIDS, and children in rural or
nomadic communities
The child’s right to an identity, includes
their nationality and name. States must
protect children from the loss or denial
of nationality, and when a child’s
identity is compromised, the State must
take steps to restore it.
1.2.3.3. Persons with Disabilities
Access to nationality and legal identity is crucial
for the dignity, autonomy, and inclusion of
persons
with
disabilities.
However,
many
individuals with disabilities face systemic barriers
in obtaining birth certificates or identity
documents due to discrimination, inaccessible
administrative systems, and restrictive legal rules.
These barriers increase their risk of statelessness,
limiting their ability to access essential services,
participate in society, and exercise legal rights.
Key advocacy priorities:
Civil society can help ensure equal access
to nationality and documentation for
persons with disabilities by:
advocating for inclusive nationality laws
that protect the rights of persons with
disabilities
and
challenge
legal
incapacitation
rules
that
block
applications for citizenship or identity
documents.
Convention on the Rights of Persons
with Disabilities (CRPD, 2006)
Treaty body: Committee on the Rights of
Persons with Disabilities
Ratification status: all African States
Key article(s): Article 18
The CRPD affirms that persons with disabilities must
enjoy equal rights to nationality and legal identity.
Article 18 specifically guarantees:
the right to acquire and change a nationality,
promoting accessible civil registration
systems, including braille forms, sign
language interpretation, and mobile
registration units.
and protection from arbitrary deprivation of
nationality;
the right to obtain, possess, and use nationality
or identity documentation;
partnering with disability rights groups
to
raise
awareness,
document
discrimination, and support rights-based
reforms.
supporting
strategic
litigation
to
challenge
discriminatory
nationality
laws, policies, or practices affecting
persons with disabilities
the right to freedom of movement and the right
to leave and return to one’s own country; and
the child’s right to a nationality, the right to
immediate birth registration, the right to a name.
22
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