In light of the information presented in this background note, UNICEF and UNHCR make the following recommendations: 1. All parents regardless of their sex should have equal rights to register the births of their children without discrimination. Laws, regulations, practices and procedures that allow only fathers to register the birth of a child or that allow mothers to register the birth of a child only in exceptional circumstances should be reformed to provide fully equal rights to mothers and fathers with respect to birth registration. 2. Laws or regulations that require the physical presence or consent of a father when a mother seeks to register the birth of a child should be reformed to allow mothers to register children without the presence and/or consent of the father. Cultural practices that lead officials to require the physical presence or consent of the father should be discouraged through awareness raising campaigns, trainings of civil registrar officials and penalties if the practice persists. 3. Laws or regulations that require either or both parents to present a valid marriage certificate when seeking to register the birth of a child should be reformed, as lack of marriage or lack of proof of marriage should not be a barrier to registration of a child’s birth. Cultural practices that lead officials to request marriage certificates even where these are not required by law should be discouraged through awareness raising campaigns, trainings of civil registrars and penalties if the practice persists. 4. Laws or regulations that provide that only opposite sex parents may register the birth of children should be reformed. Cultural practices that lead officials to deny birth certification to children of same sex parents should be discouraged through awareness raising campaigns and training of civil registrars. 5. States should take measures to safeguard the birth registration process from any form of indirect discrimination and from discriminatory cultural practices. This is a particular risk for mothers with children born out of wedlock, including as a result of rape, who might be reluctant to approach the authorities for fear of cultural stigma and shame or even criminal liability. The practice of registering a child as “illegitimate,” serves no legitimate State purpose, is harmful to children and families and contravenes the right to birth registration. Likewise, the practice of registering parents or children under “false names” should be discontinued, as these can prevent biological connections from being known and have an impact on the ability of children to establish his/her identity, know their origins and acquire nationality by descent. 6. States should undertake education campaigns to increase awareness amongst women, families and communities on their rights, and on the importance of birth registration to tackle situations where lack of birth registration is caused by low levels of awareness or education on the part of the mother with a particular focus on vulnerable groups such as refugees, migrants, displaced and nomadic populations. B AC KG R O U N D N O T E O N S E X D I S C R I M I N AT I O N I N B I R T H R E G I S T R AT I O N 15

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