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statelessness. Although progress has been made in increasing birth registration coverage (UNICEF,
2024), reaching the 150 million children under five who remain unregistered may require concerted efforts to reach the multiply marginalized. An intersectional approach helps to overcome
the prevailing siloed, single-issue approach to the study of birth registration as a matter of
children’s rights, revealing patterns and mechanisms of exclusion affecting multiply marginalized
population groups. Whereas exclusion from birth registration has been studied primarily as a
matter of children’s rights, the fact that recommendations on the matter have been issued by
practically all the treaty bodies reveals the interlinkages between multiple (1) types of discrimination and (2) types of rights violations. Yet, the outcome is the same: child statelessness.
Using intersectionality as method starts from a rather simple premise. As Matsuda once
suggested, this entails “asking the other question” (1996, p. 123). That is, if something at first
glance seems racist, one can ask, “Where is the patriarchy in this?” Methodologically, one could
look to both the CERD and the CEDAW to examine those intersections. Or when something
at first glance seems like a good practice—like linking birth registration to social protection for
children with disabilities—methodologically, one might look to the CRPD, CMW and CERD to
ask, “Is this true for all newborns?”
If, as the intersectional human rights literature on treaty bodies suggests, intersectionality as
it is currently applied in the UN human rights treaty bodies is quite limited (Bond, 2021; Chow,
2016; Xanthaki, 2019), then one method by which researchers can overcome the structural
constraints of the system is to choose one issue and examine the related recommendations issued
by all of the treaty bodies. This can be done for a single country or, where recommendations
have already been compiled thematically, as in the ISI’s Database on Statelessness and Human
Rights (ISI, 2020), it can be done at the regional or global level, working backward from the
recommendation to examine the documentation submitted as part of each review cycle through
feminist content analysis.
Intersectionality may also be useful for human rights practice by establishing links and collaboration among the various UN committees. In recent years, dialogues and joint general
comments by multiple committees have clarified the rights obligations for children born to
parents on the move.12 The CEDAW Committee has engaged in intersectional dialogues with
other treaty bodies. In an interview for this project, vice-chairperson Nahla Haidar remarked
that they had “broken the silo[ed approach] in the last few years”13 by issuing jurisprudence on
women and girls, and engaging in dialogue with the CRC and the CMW on the issues of birth
registration and nationality. Similarly, the CERD’s forthcoming joint General Recommendations
38 and 39, together with the CMW, recommend that states take an intersectional approach when
developing public policies for addressing xenophobia and its impact on the human rights of
migrants—including nondiscrimination in the issuance of birth certificates. In sum, intersectionality enables linked-up thinking among the committees, which helps both to diagnose human
rights harms affecting the multiply marginalized and to prescribe proactive measures to combat
intersectional discrimination.
These links demonstrate the value not only of intersectionality but also of relationality.
Adopting a relational perspective on the mother–child dyad enables linked-up thinking about
the connections between rights violations, inter alia the mother’s access to sexual and reproductive health and the newborn child’s access to the right to identity and a nationality. The relationship between under-registration of birth and impediments that multiply marginalized groups
face in accessing maternal and child healthcare is well documented but under-theorized. Although
feminists have critiqued the constant bundling of “women-and-children” (Enloe, 1991; Rosen &
Twamley, 2018), in this instance it is necessary to make the mother–child dyad central to the
analysis. Babies do not emerge from nowhere; biologically, their bodies are linked to their
mothers’, and sociopolitically, their status and ability to come into legal being remain linked to
their birth parents as well. Following Rosen and Twamley (2018), it may be necessary to move
beyond the binary of elision of “motherandchild” vs. antagonism between the two, by adopting
a relational and intersectional approach.