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on acquisition of nationality in the state concerned. The birth certificate
of a child born to non-resident parents will not include nationality.
Azerbaijan provides that, if the nationality of the father and the mother
are different, the nationality of both parents is indicated in the birth
certificate. If the nationality of the parents is not mentioned in their birth
certificates or if the birth certificate cannot be presented and this information is not available in the archives of the registry departments, the
nationality of that parent is not indicated in the child’s birth certificate.
In this case, “Information not provided” is written in the “Nationality”
column of the birth certificate.
10. Firewall to prohibit the sharing of information for
the purpose of immigration control
90. A very important issue is whether a registrar of civil status will report to
the immigration control authorities instances where they have to register the
birth of a child of an irregular migrant born in the country. If so, this possibility
will discourage irregular migrants to register the birth of their children which
makes them extremely vulnerable, for instance to human trafficking, and is
contrary to birth registration as a human right. If not, some may consider it
as hampering effective immigration control.
91. The attitudes of states in respect of this issue differ considerably. In some
states the registry office does not verify the legality of the stay of the child or
its parents in the territory of the state. For that reason, birth certificates do
not include information which would be of interest for immigration control
authorities.97 One state recently abolished the condition of a document of
residence registration as a condition for reporting birth.98
92. By way of example, in one state,99 the birth of a child will be registered by
making a record and submitting it electronically to the Residents’ Register. These
data from the Residents’ Register are submitted to the Foreigners‘ Register, the
data of which are directly accessible to the migration authorities. There is no
need for the civil registry office to inform the immigration authorities about the
registration of a birth of a child without residence status, as these authorities
receive this information from the Foreigners‘ Register directly. Conversely, in
another state100, if the child born in the country does not have the nationality
of the country, registration will be passed on to the immigration authorities.
97.
98.
99.
100.
E.g. Poland and United Kingdom.
Azerbaijan.
Lithuania.
Netherlands.
Issues at stake: international standards and stocktaking of national situations ► Page 29