© UNHCR/Charity Nzomo
Barke distributing birth certificates issued by authorities to parents from Kilifi county in Kenya. The NGO, HAKI Centre, works with
the county governments to mobilize communities and distribute birth certificates to grassroot areas and areas where accessing
government offices is a challenge, in order to support efforts to eradicate statelessness in Kenya.
• Addressing statelessness. Birth registration
helps prevent statelessness by establishing a
legal record of where a person was born and
who their parents are. These key facts are the
foundation for acquiring a nationality at birth
under the principles of nationality by descent
(jus sanguinis) and/or by place of birth (jus
soli) in national law. Without birth registration,
including issuance of a birth certificate,
children and even adults – especially those
who have been forcibly displaced – may
have problems proving their links to a State.
This can make it difficult for them to have
their nationality established and obtain proof
of nationality, therefore putting them at risk of
statelessness. There are also dedicated legal
safeguards against statelessness at birth
that are generally impossible to implement in
practice in the absence of birth registration.
For persons born stateless in contexts
where no legal safeguards exist to prevent
13
statelessness at birth, birth registration—
including the issuance of a birth certificate—
remains important to ensure their protection
and enjoyment of certain rights. Moreover, a
birth certificate is generally a prerequisite for
resolving statelessness later in life, including
through acquiring a nationality, for example,
through naturalization.
• Access to services for children. Birth
registration is often requested and thus
facilitates children’s access to services
such as health care, education and social
security. However, access to services to
which children have a right should never be
dependent on birth registration or children
holding a birth certificate.13 Nonetheless,
some countries still require birth registration
for school enrolment or for taking national
exams, and/or for accessing health or
social services.
United Nations High Commissioner for Human Rights, “Best practices and specific measures to ensure access to birth
registration, particularly for those at most risk: Report of the United Nations High Commissioner for Human Rights”, Human
Rights Council, thirty-ninth session, A/HRC/39/30 (10 August 2018), para. 43. https://documents.un.org/doc/undoc/gen/
g18/246/55/pdf/g1824655.pdf.
Birth registration of forcibly displaced and stateless persons
7
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