resources (financial or social) these games of paperchase make the recognition of
legal identity and nationality ever more fragile.
These challenges of conflicts of law are greatest for refugees and irregular
migrants, but have proved difficult to resolve even within the European Union,
with the presumption of legal residence that follows from citizenship of another
member state. The Hague Conference on Private International Law has a project
to consider transnational recognition of parentage (filiation), especially in the
context of surrogacy arrangements, but has hardly engaged with the broader
issues.
The paper urges greater urgency in seeking harmonisation of civil registration
practices, not only by The Hague Conference, but also by the UN as it develops its
newly adopted ‘Legal Identity Agenda’, and by the UN human rights machinery.
Finally, the paper highlights the danger that the SDG target will rather encourage
short cuts that seek to bypass the often politically sensitive task of determining
the nationality of those whose legal status is currently in doubt: new biometric
technologies provide a powerful draw to the language of technological fix, as well
as the strengthening of surveillance and control rather than empowerment and
rights. These risks – and their mitigation – are further explored in a twinned
article in World Development.
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