permanent, compulsory and universal recording within the civil registry of the occurrence
and characteristics of birth, in accordance with the national legal requirements’, is already a
long-standing objective of UNICEF and other agencies concerned with child welfare (UNICEF,
2002). Birth registration may be essential for the protection of many rights; and it provides
critical evidence of the main facts determining the nationality of the child (UNICEF, 2013;
UN Human Rights Council, 2014).
Article 8 of the CRC, the product of advocacy efforts by the newly democratic Argentinian
government in the wake of forced adoptions during the military dictatorship (Arditti, 1999),
introduces the overarching concept of ‘identity’, establishing the child’s right ‘to preserve
his or her identity, including nationality, name and family relations as recognized by law’ and
places an obligation on states to re-establish identity if ‘a child is illegally deprived of some
or all of the elements of his or her identity’. The CRC establishes the content of ‘identity’
through an open rather than closed list, allowing for other elements to be included beyond
name, nationality, and family relations, as appropriate in the context (Doek, 2006).
The right to recognition as a person before the law established in international human rights
treaties is freestanding, and not dependent on official identification. Similarly, the right to
identity in the CRC is stated separately from the right to birth registration. However, it has
for a long time also been clear that without official recognition and registration of identity a
person’s rights may be significantly curtailed in practice. The SDG target to ‘provide legal
identity’ is therefore best understood as an objective to enable proof of legal identity.
Legal identity and development
Birth registration, and civil registration of life events generally, has two functions: the legal
function emphasised by the human rights framework, and as a source of statistics. From
1955, the first version of the UN Handbook of Vital Statistics Methods emphasised the
primary value of civil registration as legal, and only secondarily as a source of statistics,
especially in poorer countries where surveys are more practical tools (UN Statistical Office,
1955, p. 5; see also UN Statistics Division, 1998, para. 74). Nevertheless, the statistics
aspect of civil registration generally gained more attention (for states where coverage was
nearly complete), considered ‘vital for policy making and for monitoring, generating
statistics for policy formulation, planning and implementation, and monitoring of population
dynamics and health indicators on a continuous basis’ (UN Independent Expert Advisory
Group on a Data Revolution for Sustainable Development, 2014, p. 19), and as a key tool in
shaping public health interventions (The Lancet, 2007, 2015). There is extensive
international guidance on the development and management of civil registration and vital
statistics (CRVS) systems (most authoritatively, UN Statistics Division, 2014). The legal
identity element of a CRVS system, however, has been relatively neglected (Harbitz, 2013).
With the adoption of the SDG target, recognition of the importance of officially recognised
‘legal identity’ is now everywhere in the development policy literature. Without proof of
legal identity, in the form of an official entry in a state register and (usually) a document
issued as evidence of that entry, people are invisible to the state and other agencies that are
working to fulfil the different goals and monitor their implementation (Stuart et al., 2015).
Those without proof of legal identity, predominantly the poor and disproportionately
women, are excluded from the formal economy (Desai et al., 2018). Effective identification
systems are needed to support many other SDG targets, including access to finance and
social protection systems (Target 1.3), as well as health and education (Goals 3 and 4); for
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