WHAT IF THE BIRTH OF A FORCIBLY DISPLACED AND/OR
STATELESS PERSON CANNOT BE REGISTERED?
In some settings, despite the efforts to support authorities to provide birth
registration to forcibly displaced and stateless children, there may be some
children whose births cannot be registered and who cannot be issued with a birth
certificate. In such cases, UNHCR should:
• Continue to work with national competent authorities and other partners to address the
barriers to universal birth registration and remove discriminatory practices.
• Refer families to legal aid services to pursue access to birth registration, including delayed
or late birth registration.
• Where possible, support families to access other forms of documentation including
information about the child’s identity such as birth notifications, and/or complete as much of
the birth registration process as possible.
• Where the UNHCR registration and identity management system (PRIMES/ProGres) is
in use, register the child (see above) and provide the registration record to the family. In
some cases, UNHCR may also provide a document to families with information about the
child’s birth when they are unable to register the births with the national civil registration
authorities.
• Advocate for alternative forms of documentation to be accepted for the child to access
services, e.g. education or health services.
interoperability of the national civil registry with the
national foundational identification system, such as
the national population register or, when relevant,
digital identity management system permitting
to ensure the generation of a single identifier
number at birth. Digital legal identification systems
may also be beneficial for forcibly displaced and
stateless persons with movement restrictions and/
or barriers due to cost and bureaucracy associated
with travel, by reducing the need for physical
travels to various government offices.
Nonetheless, digitalization does carry specific risks
inherent in large-scale processing of personal data,
including the risks of discrimination, profiling and
social exclusion. The full benefits of digitalization
can only be achieved, and risks minimized, when
it is implemented along with robust legislative,
administrative, and technical safeguards and
procedures.30 Data protection risks are particularly
30
31
pronounced for asylum-seekers, refugees and
stateless persons, if such information is processed
without clear and adequate data protection
and privacy laws and accessed, used or shared
for illegitimate purposes, such as immigration
enforcement. As such, ensuring that digitalization
of birth registration records is undertaken in line
with the highest data protection, privacy and
security standards is essential for the protection
of the data of forcibly displaced and stateless
persons. As more personal data records are made
available to a larger number of (governmental)
actors – often for legitimate reasons – there
is an increased need to prevent access for
illegitimate purposes. National data protection
legislation should be established and consistently
implemented to ensure that birth registration data
is processed for specific, explicit and legitimate
purposes.31 Birth registration data should not be
UNDESA, “Guidelines on the legislative framework for civil registration,” (New York, United Nations, 2023), section IV.G.
See Ana Brian Nougrères, “Legal safeguards for personal data protection and privacy in the digital age: Report of the Special
Rapporteur on the right to privacy”, Human Rights Council, fifty-fifth session, A/HRC/55/46 (18 January 2024). https://documents.
un.org/doc/undoc/gen/g24/000/32/pdf/g2400032.pdf.
Ana Brian Nougrères, “Report of the Special Rapporteur on the right to privacy: Proposal for the updating of General
Assembly resolution 45/95 of 14 December 1990, entitled ‘Guidelines for the regulation of computerized personal data files’”,
United Nations General Assembly, seventy-ninth session, A/79/173 (17 July 2024). https://documents.un.org/doc/undoc/gen/
n24/212/49/pdf/n2421249.pdf.
Both refer to Global Privacy Assembly, “Achieving global data protection standards: Principles to ensure high levels of
data protection and privacy worldwide”, forty-fifth session (October 2023). https://globalprivacyassembly.org/wp-content/
uploads/2023/10/3.-Resolution-Achieving-global-DP-standards.pdf.
Birth registration of forcibly displaced and stateless persons
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