SDG Target 16.9 neither defines ‘legal identity’ nor proposes any indicator to measure
progress other than the coverage of birth registration among those under five years old.
Submissions around the indicators focused on the age setting the limit at which coverage of
birth registration should be measured (Metadata for Goal 16, 2016). The indicator adopted
leaves significant uncertainty on what it would take to know that the target had been
reached, especially in its broader definition beyond birth registration (van der Straaten,
2015).
The problem of definition starts from the distinction that can be made between identity and
identification. An identity is conventionally what a person (or thing) is, in and of itself; a
legal identity is the recognition of that identity in law; and identification is the process of
establishing that identity and distinguishing the person (or thing) identified from others;
which may then be recorded in a register and confirmed by the issuance of a credential of
some form – such as an identity document – as proof of the registration. The confusion has
led even commercial operators in this space to propose a ‘style guide’ for the use of
terminology (Donner, 2018). A person’s ‘legal identity’, an identity they have in law, should
be separated from the question of whether they have been formally identified and
registered by state authorities and issued a document confirming that registration.
Moreover, a person may have multiple legal statuses – or ‘identities’ – in relation to the
state, with corresponding entries in official registers and different rights and obligations
according to context: as a pensioner, a school-age child, a single or married person, a
recipient of state benefits, a voter, an adult due to perform military service, an owner of
property, etc. (Brewer et al., 2015). There is no particular requirement that each register be
linked within a single national system, and in many states they are not, even as there are
procedures to check that multiple registrations can be traced back to a single person.
National legal frameworks and institutions for civil registration vary widely: not just
between the civil and common law traditions, but with distinctive characteristics in Islamic
societies, (formerly) communist states, states that have sought to formalise recognition of
customary law, or those where registration is rather at the family or household level. The
legal identity field is vastly complicated by these variations, especially as they relate to the
recognition of documents issued by foreign governments. As more and more children are
born and become adults in a country where neither parent is recognised as a citizen (both in
law and in fact), the preservation of the different aspects of their ‘identity, including
nationality, name and family relations as recognized by law’ (CRC, Article 8), becomes ever
more fragile. These challenges are greatest for refugees and irregular migrants, but have
proved difficult to resolve even within the European Union, with the presumption of legal
residence that follows from citizenship of another member state (Manby, 2020).
The SDG Target did not attempt to address any of these complexities. Instead, the content
of the commitment was left vague, beyond birth registration alone. Different actors have
chosen to interpret it in light of their own priorities.
Legal identity and digital identity
The rapid advance of digital technology has created a surge in discussion of the concept of
‘digital identity’ disconnected from the traditional concepts of civil registration. The digital
identity possibilities range from the conceptually straightforward digitalisation of paper
records; via the addition of biometric identifiers to these registers; to the concept of ‘selfsovereign’ or ‘self-managed’ identity free from reliance on a government database; or the
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