VI. GOOD PRACTICES IN ACCESS TO UNIVERSAL
BIRTH REGISTRATION FOR THE PREVENTION OF
CHILDHOOD STATELESSNESS
OSCE participating States generally have high rates of birth registration; but some gaps
exist, and these may be hidden in official statistics. For example, the Statelessness Index
maintained by the European Network on Statelessness reveals barriers to birth registration
in some OSCE countries, which in some cases result in children living without nationality,
or proof of nationality, for many years.117
Good practices to ensure birth registration and prevent childhood statelessness include,
for example:
Robust legal frameworks applied flexibly in favour of immediate, free birth
registration: Birth registration laws should establish the criteria to register a child’s birth,
ideally immediately after birth and free of charge. The criteria should be minimal and there
should be alternatives for parents who do not have the usual identity documents required
to register their child’s birth. They should be able to establish the necessary facts through
other evidence, such as education or work records, testimony of the parents, etc. This
is particularly important where parents are members of minority groups that have few or
no identity documents, or refugees, stateless people or survivors of trafficking who are
unable to access birth records or other documents. The law should also establish that
officials should make assumptions in favour of the child to ensure birth registration or
acquisition of nationality. Various OSCE participating States, including Portugal, Austria
and the Czechia, allow flexibility for parents who are unable to provide certain documents
for birth registration, such as asylum-seekers and refugees. In Greece, a 2018 law
requires that undocumented expectant mothers who seek admission to public hospitals
are issued identity documents based on their statements to facilitate the registration of
their child’s birth.118
117 Statelessness Index, ENS, (no date); also ENS, Birth registration and the prevention of statelessness in
Europe.
118 Law on the Social Security and Pension Provision, Addressing Undeclared Work, Reinforcing of Protection
of Workers, Guardianship for Unaccompanied Minors and Other Provisions, Government of Greece, Law
4554/2018 (GG A’ 130), adopted 18 July 2018, Art. 62.
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