the ECtHR found in G.T.B. v. Spain57 that, also in such cases, birth registration can be required. The case concerned attempts in Spain to register G.T.B.’s birth (a Spanish national), which had taken place in Mexico. Briefly after his birth, his mother was repatriated to Tenerife (Spain) after an earthquake in Mexico. The Court found in particular that the Spanish authorities, despite their knowledge that the documents needed could not be located in Mexico, had not done enough to provide G.T.B. with a birth certificate and identification in accordance with Article 8 of the European Convention on Human Rights. The Court underlined that it was the first case in which it had examined the right to a birth certificate under Article 8. 53. The ECtHR underlines that “[it] considers that in the present case it was incumbent on the authorities to act in the best interests of the child whose birth registration was being sought in order […] to prevent the child from being left unregistered, and hence without identity documents. The authorities were thus under a positive obligation stemming from Article 8 to act with due diligence in order to assist the applicant in obtaining his birth certificate and his identity documents, so as to ensure effective respect for his private life […]. The Court agrees with the Government concerning the need to ensure that the information provided was reliable before the applicant’s birth could be registered. However, the protection of public order in that regard was not incompatible with assisting a person such as the applicant, in view of the particular vulnerability resulting from health and social factors, so as to protect a particularly important facet of the applicant’s identity”. (paragraph 124) 2. Rules and practices in member states 54. Births must be reported to the civil status registry or to another institution responsible for birth registration. In most states, the civil status registry office competent for the place of birth is responsible for the birth registration. In a number of states, the registry office of the place of residence of the mother is competent for birth registration.58 The period within which the notification of birth has to be made, varies from three days 59 to three months 60. In practice, however, the notification of birth is often made by the health care institution where the birth takes place or by the doctor or midwife who attends the birth within a few hours after birth. The actual birth registration is carried out by the civil registrar within a few working days after the birth. 57. 58. 59. 60. G.T.B. v. Spain, No. 3041/19, 16 November 2023. Azerbaijan and Denmark. Andorra, Netherlands, Portugal and Switzerland. Lithuania. Page 20 ►Stateless children’s access to nationality

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