NRC I Displacement, HLP and access to civil documentation in the south of the Syrian Arab Republic
Legal identity and civil documentation in
displacement
Right to legal identity and civil documentation13
Civil registration is 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.
This process establishes and provides legal documentation for such
events.14
Civil registration refers to the recording of vital events within a given
population. Such vital events are defined as the occurrence of any of
the following: birth, still birth, legitimisation, recognition of parenthood,
adoption, marriage, annulment of marriage, legal separation, divorce
and death.
Birth registration is the continuous, permanent and universal recording
within the civil registry of the occurrence and characteristics of birth,
in accordance with the national legal requirements. It establishes
the existence of a person under law, and lays the foundation for
safeguarding civil, political, economic, social and cultural rights. As
such, it is a fundamental means of protecting the human rights of
the individual, and of the child in particular, as is clearly stated in the
International Covenant on Civil and Political Rights and the Convention
on the Rights of the Child.
Article 24 of the International Covenant on Civil and Political Rights:
1.
“Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin, property
or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and the
State.
2.
Every child shall be registered immediately after birth and shall
have a name.
3.
Every child has the right to acquire a nationality.”15
Article 7 of the Convention on the Rights of the Child:
1.
“The child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a nationality
and, as far as possible, the right to know and be cared for by his
or her parents.
2.
States Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the
relevant international instruments in this field, in particular where
the child would otherwise be stateless.”16
13 See the “The Information, Counselling and Legal Assistance (ICLA) Guide to Legal Identity”
(2016). Norwegian Refugee Council. Oslo, Norway. See also “Guiding Principles on Internal
Displacement” noting, for example, Principle 1, regarding non-discrimination on the grounds of
being internally displaced, and Principle 20 (1): “Every human being has the right to recognition
everywhere as a person before the law.”
14 United Nations, Department of Economic and Social Affairs Principles and Recommendations
for a Vital Statistics System, Revision 3 (2014).
15 International Covenant on Civil and Political Rights https://treaties.un.org/doc/Publication/
UNTS/Volume%20999/v999.pdf
16 Convention on the Rights of the Child
14 I NRC Assessment Report