HARVARD HUMAN RIGHTS JOURNAL ONLINE
JANUARY 2015
Civil Registration
Imperfect birth registration systems are one factor preventing children from
enjoying the right to a nationality. Birth registration is the process by which a child’s
birth is recorded in a civil register by the applicable government authority, allowing
verification of each child’s identity, age, and status as a child.13 Registration protects
children’s access to the rights guaranteed to them under international law, including
the right to education14 and the right to be free from exploitation.15 It is important to
differentiate between non-‐‑registration of birth and statelessness. A child usually
acquires nationality automatically, or ex lege, upon birth, rather than at the
registration of birth.16 The birth certificate simply assists in confirming a child’s
nationality, as it provides proof of birth in a country’s territory (jus soli) or by descent
(jus sanguinis)—the two primary means by which states grant nationality at birth.17
Many children who become stateless because of non-‐‑registration are,
according to the letter of the law, entitled to receive the nationality of their parents or
of the place of their birth. However, when a child’s birth goes unregistered, the child
lacks evidence of her right to a nationality, thus creating the risk that the state (or
other social institutions) may ultimately refuse to acknowledge her as its national. If
authorities refuse to confirm a child’s nationality, or if the State refuses to confirm
the nationality of unregistered children as a matter of practice,18 the child is
considered stateless.19
Discrimination against unwed parents and their children
UN Human Rights Council recently reaffirmed the duty of governments to make universal
registration a reality. Human Rights Council Res. 19/9, Birth Registration and the Right of Everyone to
Recognition Everywhere as a Person before the Law, 19th Sess., Apr. 3, 2012, U.N. Doc.
A/HRC/RES/19/9 (Mar. 22, 2012).
12 To date, Oman, Qatar, Saudi Arabia, and the United Arab Emirates have yet to ratify the ICCPR.
13 PLAN INTERNATIONAL, UNIVERSAL BIRTH REGISTRATION – A UNIVERSAL RESPONSIBILITY 11 (2005).
14 CRC, supra note 10, art. 28; International Covenant on Economic, Social and Cultural Rights, art. 13,
opened for signature Dec. 16, 1966, 993 U.N.T.S. 3.
15 CRC, supra note 10, arts. 32–36; UNICEF, BIRTH REGISTRATION RIGHT FROM THE START 5 (2002),
http://www.unicef-‐‑irc.org/publications/pdf/digest9e.pdf.
16 U.N. High Comm. for Refugees, Guidelines on Statelessness No. 1: The Definition of "ʺStateless Person"ʺ in
Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, ¶ 27, U.N. Doc.
HCR/GS/12/01 (Feb. 20, 2012).
17 LAURA VAN WAAS, NATIONALITY MATTERS: STATELESSNESS UNDER INTERNATIONAL LAW 153 (2008).
18 In Lebanon, if parents do not complete the complicated Lebanese birth registration requirement
within one year, the children are regarded as non-‐‑nationals and must initiate a lawsuit in order to
prove their nationality. During the course of the lawsuit, they are considered non-‐‑nationals. Comm.
on the Rights of the Child, Third Periodic Reports of States Parties due in 2003, Lebanon, U.N. Doc.
CRC/C/129/Add.7 (Oct. 25, 2005); Patricia Mouamar, Lebanese children live and die as if they never
existed, WORLD VISION (May 12, 2014), http://www.wvi.org/child-‐‑health-‐‑now/article/lebanese-‐‑
children-‐‑live-‐‑and-‐‑die-‐‑if-‐‑they-‐‑never-‐‑existed.
Id.
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Electronic copy available at: https://ssrn.com/abstract=2547550