G.T.B. v. SPAIN JUDGMENT 26. In some countries, a birth certificate is required to obtain a social security number necessary for working in the formal sector, meaning that all individuals – whether adults or children – without birth registration or access to a birth certificate are marginalized to the informal sector, where there is less scrutiny and a greater risk of exploitation and hazardous work. V. Good governance 37. The security of the civil registration and vital statistics system, and of the birth certificate that is issued as proof of registration, is also vital. The birth certificate is often a “breeder” document for other forms of identification, including identity papers, passports, driver’s licences and voter registration cards. Unlike these documents, however, it is not tied to the individual by a photograph or biometric data. The use of fraudulent birth certificates to obtain genuine identification documents under a false name or age is increasing, and poses a threat to national and international security. 38. While birth registration within such a system is a fundamental human right, its impact goes beyond the individual to have vital importance for the State, and a profound effect on governance at the national and international levels in improving services and ensuring accountability. 81. The relevant provisions of the United Nations Convention on the Rights of the Child of 20 November 1989 read as follows: Article 3 “1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.” Article 7 “1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” Article 16 “1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation. 21

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