In case of children born in detention
Article 7 of the Convention on the Rights of the Child foresees that the child
shall be registered immediately after birth and shall have the right to acquire
a nationality. States parties shall ensure the implementation of these rights, in
particular where the child would otherwise be stateless.
Birth registration generally does not by itself confer nationality upon a child. The
process for registering births is distinct from the process whereby individuals
acquire nationality. Birth registration is nevertheless important for the prevention
of statelessness because it establishes a legal record of where a child was born
and who his or her parents are.
It is therefore important to verify the following:
• W
hat is the procedure and practice for the birth registration of children born
to asylum-seekers, refugees and stateless persons in the country?
• W
hat is the procedure and practice for the birth registration of children born
to mothers who are detained?
• H
ow many children were born to mothers who were detained during the last
year? How many pregnant women are detained in the detention facility?
• W
ere births of children to mothers in detention registered, and did the
children receive birth certificates? If not, why not? Are there financial obstacles
to registration and issuance of birth certificates, for some (destitute) or all
applicants?
• I
n cases where a birth certificate is not issued, is a birth notification provided
by the mid-wife or the hospital?
• Does
the person need assistance registering the birth of the child?
c Discuss with the detainee:
Collecting information from individuals in the course of an interview requires
informed and explicit consent of the detainee.26 He/she must be informed of
the specific purpose of the interview, how it will be processed and whether the
information will be shared with third parties. In principle, personal data must be
treated as strictly confidential, and ought only to be disclosed to partners or third
26
18
For more information on the principle of confidentiality, see Para. 4.1 of the Policy on the
Protection of Personal Data of Persons of Concern to UNHCR, May 2015, available at:
http://www.refworld.org/docid/55643c1d4.html.
STATELESS PERSONS IN DETENTION