f. Discrimination in birth registration may occur
on the basis of refugee or migration status,
lack of nationality, on grounds of gender,
ethnicity, race or religion, or for reasons such
as being internally displaced or born out of
wedlock. For example, in some countries:
• Laws or policies do not allow refugees
and/or stateless persons’ access to civil
registration, including birth registration.
• Birth registration procedures and
documents provided to refugees or
stateless persons may differ from official
birth certificates provided to nationals,
and may not contain the full information
recommended to be included in the
official birth certificate (see Annex 1). In
some countries, refugees are provided
with only a letter or notice of birth, not an
official birth certificate, and the birth is not
registered in the national vital statistics
database. These practices risk stigmatizing
refugees and make it more difficult
for refugees to have their child’s birth
certificate recognized as legitimate, as well
as undermining the completeness of the
national birth registry.
• Discriminatory and stigmatizing
information is included on a birth
certificate, for example that the parents
are refugees, or the child is born out of
wedlock or not in a health facility.
• Regulations and practices that discriminate
on grounds of gender – for instance,
that unmarried or single mothers cannot
register the births of their children –
can prevent registration and may lead
to statelessness. In addition to being
inherently discriminatory, requirements to
produce a marriage certificate to register
children’s births disproportionally impact
forcibly displaced and stateless persons,
who often face more difficulties to produce
a marriage certificate, and higher rates of
family separation.
18
• In some countries, where nationality
derives from birth in the territory of
the country (jus soli), authorities may
deliberately not provide birth registration
to restrict access to nationality for children
born to foreign or stateless persons.
Authorities may also deny birth registration
in some settings where there are
provisions to provide nationality to children
born in the territory who would otherwise
be stateless, or children of unknown
parentage, to avoid operationalizing these
safeguards against statelessness. Even in
countries where nationality is attributed
by descent (jus sanguinis) only, authorities
and host communities may mistakenly
believe that registering a birth of the child
automatically grants nationality of the
country of residence. This misconception
has, at times, led to civil registrars
erroneously refusing to register the births
of refugees, stateless persons or other
non-nationals.18
g. Risks of penalties. In some settings, forcibly
displaced and/or stateless persons fear
approaching the birth registration authorities,
due to risks of persecution, immigration
penalties and/or refoulement. This is
particularly the case where firewalls and data
protection laws do not adequately protect
information shared with birth registration
authorities from being used for other
purposes.
h. Lack of awareness. Forcibly displaced or
stateless persons may lack information
on birth registration procedures or an
understanding of its importance. They often
realize the importance of birth registration
only when they enroll their children in
school or try to access other government
services. Civil registrars may also be unaware
of procedures for those lacking requisite
documents.
For more details, see the UNHCR birth registration
field survey.
UNDESA, “Guidelines on the legislative framework for civil registration,” (New York, United Nations, 2023), para. 41.
Birth registration of forcibly displaced and stateless persons
11
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