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.
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