Most, but not all of us, have had our births
registered. Lack of birth registration is not the
same as statelessness, yet it heightens the risk
of leaving children without a nationality. Given
the key information birth registration provides
about individuals and their links to a State,
either through the parents or place of birth,
not having a birth registered or a birth
certificate evidencing registration can
contribute to difficulties establishing these
links and consequently expose them to the
risk of statelessness.2 Children in this situation
face severe disadvantages accessing rights
and services, including school, healthcare,
and social security, whilst also facing an
increased risk of exploitation, such as child
marriage, trafficking, forced recruitment, and
child labour.
.
Whilst regional data suggests that Europe as a
whole has high rates of birth registration,5 data
analysis from the Statelessness Index
demonstrates that barriers to birth registration
in some countries in Europe persist,
preventing universal birth registration from
being realised across the region. 6 There is no
standardised
procedure
nor
regional
harmonisation of birth registration. As a
consequence, some children continue to be at
risk of statelessness and prevented from
realising their rights in Europe. 78
This briefing is part of a series of thematic
briefings and summarises how the 32
countries featured in the Statelessness Index
perform against international norms and
good practice in their birth registration law,
policy, and practice. It introduces the
relationship between birth registration and
the prevention of statelessness, provides an
overview of norms and good practices on
birth registration, and presents a state of play
analysis on birth registration law, policy, and
practice in Europe using the data from the
Statelessness Index. It highlights groups who
are
disproportionately
affected
by
A stateless person is defined in international law as
someone “who is not considered as a national by any
State under the operation of its law”.3 This definition is
part of customary international law and has been
authoritatively interpreted by UNHCR as requiring “a
mixed question of fact and law.”4 A person who meets
this definition is stateless, whether or not their
statelessness has been officially recognised.
Refers to a situation where a person’s nationality or lack
of nationality is not yet confirmed. These terms should
be used with extreme caution for the shortest possible
time and should always trigger a formal determination
of the person’s nationality or statelessness. People who
identify themselves as stateless should generally be
recorded as stateless and referred to an appropriate
procedure to determine their statelessness (or
nationality), in line with international law.
Birth registration is the official recording of a birth in
the civil registry by a country’s civil registrar. It records
both the incidence of the birth and its characteristics
(such as the place of birth, and the parents). 7 Birth
registration takes place in line with a country’s legal
requirements and authenticates a person’s existence in
law, providing legal proof of and information about the
person’s identity, which is vital information for the
acquisition of a nationality.
A birth certificate is a document issued by a country’s
civil registrar. It provides proof that the child has had
their birth registered and is essential evidence of a
child’s family ties as well as their place of birth. These
are key aspects of identity and can be critical to
establishing the child's nationality, as nationality is
usually acquired either through the parents (jus
sanguinis), the place of birth (jus soli), or a combination
of the two. A birth certificate, therefore, acts as proof
that the birth registration took place and of the child’s
legal identity.8