35. Lack of access to the right to a nationality results in a range of human rights violations
impacting children. These include the denial of the right to a nationality and resultant
statelessness over generations (Art. 7 CRC); lack of access to public education (Art. 28
CRC), healthcare (Art. 24 CRC) and other services. Subsequently, such restrictions violate
the Guiding Principles of the CRC as set out in Article 2 (non-discrimination), Article 3
(best interests of the child), Article 6 (child’s development) and Article 12 (the right to
be heard).
36. Regarding access to education specifically, it is now a requirement for all children to
have a birth certificate to enter the first grade. Children are also required to present
their national identity number in order to sit exams. In the absence of these documents,
children encounter difficulties in school enrolment or in registering for and sitting their
final exams. Pending the issuance of these documents, many children spend time out of
school in violation of Article 28 and Article 6 CRC.
37. Birth registration is fundamental to the protection of children and prevention of
statelessness. As birth registration legally establishes the place of birth, proof of age,
and parental affiliation, it serves as an important documentary proof to acquire the
parents' nationality or the nationality of the State in which the child is born. Birth
registration can also be a pre-requisite to access other human rights.
38. While the denial of birth registration does not always amount to statelessness, there is
a crucial link between birth registration and statelessness, with birth registration
operating as a key form of proof of the link between the individual and the State. Lack
of birth registration greatly increases the risk of statelessness, especially among
populations whose belonging is under question by the state. Impoverished and
vulnerable groups may face particular barriers in to birth certificates due to a
registration system that is perceived as onerous and costly.
39. Although there have been efforts undertaken to improve the rate of birth registration,
the levels of birth registration remain low, a concern noted by the Committee on the
Rights of the Child. The Committee recommended continuing to facilitate access to birth
registration, including by making it free of charge and introducing mobile units,
especially in rural areas, and to actively register children who have thus far not been
registered. 15 In this respect, the Human Rights Committee also recommended
conducting public awareness campaigns on the importance of birth registration.16
40. The State has made it mandatory that every child is registered at birth through providing
these services at hospitals and major clinics. However, some children are born in smaller
clinics or at home and have no access to these services. Another challenge is that
although children may be registered at birth, parents may not be able – for various
reasons – to follow up on the registration and trigger the issuance of birth certificates
for their children. Birth certificates are not issued at birth, but have to be processed at
the Birth, Marriage and Death Registration Department.
15
CRC, ‘Concluding observations: Swaziland’ CRC/C/SWZ/CO/1 (16 October 2006), para. 27.
UN Human Rights Committee, ‘Concluding Observations on Swaziland in the absence of a report’ CCPR/C/SWZ/CO/1 (23
August 2017), para 49.
16
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