Individuals will also have access to interpreters, if necessary, during the initial
decision of age assessment.
49. In many states56, individuals can challenge their age assessment through
judicial review and have access to legal aid to support them through the
process of legally disputing any decision on age.
D. Birth registration
1. International standards
50. Already in Recommendation CM/Rec (2009)13, the Committee of Ministers
gave important guidance on birth registration as a basic requirement to
ensure that a child can get access to nationality. According to Principle 23 of
the recommendation, member states should “register the birth of all children
born on their territory, even if they are born to a foreign parent with an irregular
immigration status or if the parents are unknown, in order to safeguard their
right to a nationality. The registration of birth should be free of charge and be
performed without delay, even if the period within which the birth should have
been declared has already expired.”
51. The explanatory memorandum clarifies this principle: “States should
register the birth of every child born on their territory, even in cases of illegal
presence of foreign or stateless parents or when the parents are unknown. States
should not refuse the registration because of the foreign nationality of the child.
The registration should be free of any charge and happen without delay if the
period within which the birth of the child should take place in accordance with
domestic legislation of the state concerned in all cases where a child is discovered
on the territory of the state and no evidence exists that the child was born abroad.
It should be stressed, that the term ‘child’ applies – as is the case in the ECN – to
every person who has not yet reached the age of majority. The birth certificate
can be subject to later adjustments in accordance with the law. This registration
of birth is crucial for giving the child access to the rights guaranteed in the United
Nations Convention on the Rights of the Child. The mere registration of birth does
not necessarily mean that the state of birth must grant its nationality to such a
child, but it is an essential step necessary to give the child access to the protection
of a state with which a legal bond in terms of nationality exists.” (paragraph 57)
52. Where Recommendation CM/Rec (2009)13 does not require to register the
birth of a child present on the territory of a state, but obviously born abroad,
56. Estonia, France and United Kingdom.
Issues at stake: international standards and stocktaking of national situations ► Page 19