43.
Examples of barriers to birth registration were given for children of undocumented
parents belonging to minority groups (e.g., Romani communities) who in some states cannot
be registered immediately after birth due to by-laws requiring parents to provide specific
documents. Registration can then only be carried out through a lengthy procedure. It was noted
that the definition of “registration as soon as possible after birth” according to UNICEF
amounted to a timeframe of several days, whereas subsequent procedures in some countries
can take months or even years.
44.
Similar barriers were identified for other groups including refugees/undocumented
migrants/children born in transit. To address these barriers, flexible documentation rules are
needed (which have been introduced in some countries), as well as capacity building for
registry officials, including to address any discriminatory attitudes and behaviours, including
anti-Roma discrimination.
45.
Emerging barriers to birth registration and acquisition of nationality were also identified
for children in LGBTI (“rainbow”) families.
46.
It was also noted that in some cases, digitalisation of civil registry systems can in some
countries also be a barrier, particularly in the technical transition period. However, new
technologies and examples from other countries and contexts where digitalisation has
facilitated civil registration should also be learnt from.
47.
There is a need to ensure birth certificates are issued to all parents/children born on
the territory of a state as recommended by Recommendation (2009)13 of the Committee of
Ministers on the nationality of children, in particular Principle 23: “Register the birth of all
children born on their territory, even if they are born to a foreign parent with an irregular
immigration status or if the parents are unknown, in order to safeguard their right to a
nationality. The registration of birth should be free of charge and be performed without delay,
even if the period within which the birth should have been declared has already expired.”
Member states should be encouraged to implement this principle. Moreover, it is desirable to
examine whether there is a need for further guidance to be developed on this issue.
48.
Furthermore, it was also suggested that guidance should be developed on the
conditions under which a birth certificate shall be issued to persons born abroad without having
a birth certificate but living in a member state of the Council of Europe. This guidance can be
based on inspiration provided by good practices present in several member states.
49.
Ensuring child-friendly procedures in both statelessness determination procedures and
those for the acquisition of nationality was underlined. According to EMN inform 2020, no EU
member states have any specific statelessness determination procedures adapted for children,
in particular children born in exile or stateless children arriving in the territory of EU member
states and unaccompanied children. In most cases to the burden of proof lies with the
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