‘Legal Identity for All’ and Statelessness
Statelessness 2014–2024 mention the recording of other life events in a
comprehensive civil registration system. 37
Registration of marriages (or civil partnerships), adoptions and guardianships,
changes of name, divorces and other cessation of these statuses, and deaths, may
be as critical to assert rights based on identity as birth registration. This includes
the right to the nationality of a particular state. Birth in or out of wedlock — most
often defined as a formally registered marriage — may create different rights for
children to acquire nationality or to inherit property, dependent on the systems for
recognition and registration of parentage. Care of a child without registration of a
formal adoption or other legal relationship may leave the child rightless within the
foster family, and if the child has origins in another country, also stateless.
Registration of the death of a pre-deceased parent may be necessary for birth
registration to take place, for the child’s nationality and other rights to be
recognised, or for a spouse to claim a pension or other benefits.
The problem with adopting a target for complete civil registration coverage is,
first and foremost, the obvious unattainability of such a target in very many
countries within the timeframe of the SDGs. But it is equally challenging to
formulate an indicator that would accommodate the immense complexity of civil
registration systems around the world. The definition of civil registration
employed by the UN is clear that uniformity is indeed not expected across states:
civil registration is defined as the continuous, permanent, compulsory and universal
recording of the occurrence and characteristics of vital events pertaining to the
population, as provided through decree or regulation in accordance with the legal
requirements in each country. 38
What are these legal requirements? It is possible to start with the very general
sorting of civil registration frameworks into civil and common law systems. Legal
systems within the civil, or Romano-Germanic, legal tradition tend to be
comfortable with comprehensive and centralised civil registration as the basis for
recognition of legal capacity and status within the family: incorporating not only
registration of births and deaths, but also adoptions, marriages, divorces and
changes of name. The Nordic states are among those that have taken this approach
the furthest, integrating civil registration into a national population register in
which other family relationships are also recorded. 39 The common law systems
found in Britain and its former colonies, however, tend historically to have
managed official identity and interactions with the state through multiple registers
37
38
39
SDG indicator 17.19.2 includes the ‘proportion of countries that … (b) have achieved 100 per
cent birth registration and 80 per cent death registration’. This indicator relates not to legal
identity, however, but to Target 17.19 on statistical capacity-building, falling under SDG 17,
on the need to ‘revitalize global partnerships for sustainable development’. See, ‘Sustainable
Development Goal 17’, United Nations Department of Economic and Social Affairs
Sustainable
Development
Knowledge
Platform
(Web
Page,
2015)
<https://sustainabledevelopment.un.org/sdg17>. See also Global Action Plan to End
Statelessness: 2014–2024 (Report, UNHCR 2014) action 7: Ensure birth registration for the
prevention
of
statelessness’
<https://www.unhcr.org/enau/protection/statelessness/54621bf49/global-action-plan-end-statelessness-20142024.html>.
Principles and Recommendations for a Vital Statistics System (n 36) 65 [279] (emphasis
added).
Ian Watson, ‘An Unusually Open Identification Number System: The Icelandic Kennitala’ in
Ilsen About, James Brown and Gayle Lonergan (eds), Identification and Registration
Practices in Transnational Perspective: People, Papers and Practices (Palgrave Macmillan
2013) 132.
255
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents