number of children U5 registered and certified increasing by 79% and 125%, respectively, over 2020.
Yet substantial efforts are needed to register all newborns at birth and clear the backlog of
unregistered children to recover from the full impact of the pandemic and accelerate the progress to
achieve the 2030 Agenda of legal identity for all, including universal birth registration. Various
strategies have yielded considerable progress, including those that simplified business process,
increased interoperability among systems and sectors, and demand creation through policy and
legislative reform.
Nationality: One of the most extreme consequence of the denial of this right is statelessness – a
predicament which is an antithesis to the best interests of the child.6 There are estimated to be
millions of stateless people globally. Inherited statelessness is a primary driver of statelessness
amongst children, locking generations out of nationality and trapping adults and children alike in a
vicious cycle of exclusion and discrimination. Children can also be left without a nationality as a result
of “discriminatory laws, policies and practices that aim to exclude or have the effect of excluding
people who are considered as foreign”,7 with an estimated 75% of the world’s stateless people
belonging to minority groups.8 Moreover, in 25 countries, women cannot pass their nationality to
their child on an equal basis as men, meaning these children must acquire nationality from their
father, but where his whereabouts are unknown, or he himself is stateless or is unwilling or incapable
to confer his nationality, the child is left in a precarious situation with no access to nationality.9
Migration, displacement, conflict, the re-drawing of borders, lack of birth registration, child
separation or abandonment, and lack of recognition of family relations are all factors that can expose
children to a heightened risk of statelessness.
Family relations: The right to have one’s family relations legally established or recognized is a standalone right is also integral to achieving the right to name and nationality. Specifically, each person
has a family history – genetic, gestational, social and legal – that contributes to his or her identity and
origins. Family relations include connections that arise as a result of this history, continuity or
separation, encompassing birth, adoptive and intending parents in surrogacy arrangements, gamete
donors, siblings, grandparents and others. Without transparent and accurate information about
family origins, children’s identity is incomplete. This may lead to children being excluded from
benefits of legal parentage such as child support, and hereditary and maintenance laws. It may also
lead to statelessness. Comprehensive information about family origins is further essential to ensure
the highest attainable standard of health and well-being. Deprived of family health history, children
and adults affected have less information about their genetic health risks.10
A further layer of complexity may be added to these situations, when multiple States are involved in
the creation, modification and/or falsification of the child’s identity. Legal challenges may arise in
identifying which State, courts or authorities have jurisdiction to decide on identity issues and which
laws apply. Further, Civil Registration systems are generally not set up to ensure the automatic
6
7
8
African Committee on the Rights and Welfare of the Child, Nubian Minors v. Kenya, Decision, 22 March 2011.
UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2021, 5 March 2021. https://www.refworld.org/docid/604257d34.html.
UN Human Rights Council, Impact of the arbitrary deprivation of nationality on the enjoyment of the rights of children concerned, and existing laws and
practices on accessibility for children to acquire nationality, inter alia, of the country in which they are b orn, if they otherwise would be stateless, 16 December
2015, A/HRC/31/29.
9
Human Rights Council, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance,
A/HRC/38/52, 25 April 2018, paras 41 and 55.
10
For example, World Health Organization. (n.d.). Breast cancer: prevention and control. https://www.who.int/cancer/detection/breastcancer/en/.