A/HRC/33/22
registration for geographically remote or otherwise isolated communities. Underdeveloped
public transport and infrastructure, the costs of transport, and the time required away from
daily work to reach registration facilities are pervasive challenges in this regard. Civil
registration costs greatly limit access where fees levied exclude people on the basis of their
ability to pay. These may include official fees defined on the part of the State, and fees
imposed illegally by registrars. In addition, fines for late birth registration may act as a
disincentive to registration or make the costs unaffordable. Where the prerequisite
documentation required for registration is excessive or impossible to obtain, this poses a
further impediment. Moreover, where laws or penalties are in place to restrict the number
of children allowed per family, parents may avoid registering those born over and above the
allocated number, for whom discrimination and the human rights risks outlined above are
greatly exacerbated.
16.
Social accessibility is equally important, and in some contexts people are excluded
from registration processes due to their language abilities or literacy levels. A lack of
awareness among the general public on the rights and benefits associated with civil
registration poses a major obstacle. Parents and communities may view registration as a
legal formality of second-order importance in relation to other challenges. This is
particularly the case for those living in poverty and situations of vulnerability, and in places
where fees are imposed for registration or certification. They may only become aware of
the right to register a child when facing related barriers to accessing health or education
services. Awareness-raising of the rights and benefits of registering births and other vital
events is fundamental to the development of civil registration systems.14 Children with
disabilities are overrepresented among those who are not registered, often due to reluctance
on the part of their parents or families to do so. This in turn limits their access to essential
services and places them at heightened risk.15
17.
The registration of refugees and asylum seekers provides important information to
State administrations, and ultimately, where appropriate, may facilitate repatriation.
However, in some countries there is a lack of political will to register the births and other
vital events of refugees and asylum seekers, or children whose parents are not citizens or
are not in possession of their own identity documents due to their migration or other status.
Discriminatory policies and practices in this regard prevent these children and their families
from accessing associated rights and exacerbate their marginalization. Moreover, children
in such situations are at risk of being left stateless if they are unable to prove their
nationality.
18.
Gender discrimination undermines birth registration in countries that allow only men
to register a child, or that refuse registration in the absence of the father or both parents.
This poses a particular risk for children born out of wedlock or as a result of rape, and for
children whose fathers or other male heads of household do not consent to their
registration.16 Some countries do not allow women to confer their nationality on their child;
if the father does not acknowledge the child, they are then at risk of being left stateless.
19.
Of particular concern are the barriers faced in registering the births of children from
non-traditional family arrangements, who may be stigmatized, criminalized or not
recognized. These include children born to sex workers, women accused of witchcraft and
same-sex couples, along with those born with albinism, to name a few. Due to the acute
14
15
16
UNICEF, “Every child’s birth right”, p. 20.
See Committee on the Rights of the Child general comment No. 7 (2005), on implementing child
rights in early childhood, para. 25.
Plan International, “Mother to child: how discrimination prevents women registering the birth of their
child” (March 2012), p. 9.
7
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