G.T.B. v. SPAIN JUDGMENT
III. International legal framework
12. The importance of birth registration in a child’s life and the impact of nonregistration on the enjoyment of the rights of the child are acknowledged regularly by
the Committee on the Rights of the Child, in its general comments No. 3 (HIV/AIDS),
No. 6 (treatment of unaccompanied and separated children), No. 7 (early childhood),
No. 9 (children with disabilities), No. 10 (juvenile justice), No. 11 (indigenous
children), No. 13 (right to freedom from all forms of violence) and No. 15 (right of the
child to health).
13. As described by the Committee on the Rights of the Child in its general comment
No. 7, children who are not registered may be denied basic rights, such as health,
education and social welfare. It therefore recommended that States take all necessary
measures to ensure that all children are registered at birth, which can be achieved
through a universal, well-managed registration system that is accessible to all and free
of charge. The Committee added that an effective system must be flexible and
responsive to the circumstances of families, and reminded States of the importance of
facilitating late registration of birth and ensuring that children who have not been
registered have equal access to health care, protection, education and other social
services. In its general comment No. 13, the Committee adopted a progressive view,
clearly indicating that the lack of birth registration can be a form of neglect and of
negligent treatment when those responsible for the child’s care have the means,
knowledge and access to services to do so.
IV. Impact of non-registration on human rights
17. The right to birth registration is not only a right of the child but of all human
beings. Birth registration, and more especially a birth certificate, is a life-long passport
for the recognition of rights, which may be necessary to, inter alia, vote, marry or secure
formal employment. In some countries, it may be needed to obtain a driver’s licence, to
open a bank account, to have access to social security or a pension, to obtain insurance
or a line of credit, and, significantly, to be able to register one’s own children. It is also
vitally important for securing inheritance and property rights, particularly for women
and within families. A recent country-specific study suggests that further research is
needed to evaluate fully the link between access to services and birth registration.
18. The right to birth registration is closely linked to the realization of many other
rights, and has profound consequences for children’s enjoyment of their rights with
regard to protection, nationality, access to social and health services, and education. In
particular, inequality in birth registration rates may compound inequalities in access to
basic services, besides heightening discrimination and vulnerability. An effective civil
registration and statistics system is therefore an important first step to ensuring the
protection of children.
A. Right to education
19. Birth registration can have a fundamental impact on the right to education for
children. ... Furthermore, in some countries, while children are permitted to attend
primary school without evidence of birth registration, a certificate is required to be able
to take the final school examinations and thus to receive relevant academic
qualifications or to progress to secondary school.
...
D. Child labour
...
20
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