A/HRC/33/22
II. Birth registration and vital statistics development
A.
International legal obligations
5.
As stated in article 6 of the Universal Declaration of Human Rights, everyone has
the right to recognition everywhere as a person before the law. As the first step to
establishing the recognition of a person before the law, birth registration is the principal
foundation for the fulfilment of this right, and of the rights to which all persons are entitled
throughout their lives. Birth registration is a fundamental right recognized in article 24 of
the International Covenant on Civil and Political Rights, which states that every child shall
be registered immediately after birth. The Human Rights Committee has specified the link
between that article and the provision on the right to special measures of protection, and
that the main purpose of birth registration is “to reduce the danger of abduction, sale of or
traffic in children, or of other types of treatment that are incompatible with the enjoyment
of the rights provided for in the Covenant.” 2
6.
Birth registration is also recognized as a right under article 7 of the Convention on
the Rights of the Child, which provides that, in addition to their right to be registered
immediately after birth, all children 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 their parents. In
accordance with the general principle of non-discrimination contained in the Convention,
States must fulfil the right to birth registration without discrimination of any kind, including
on the basis of the child’s or his or her guardian’s race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property, disability, birth or other
status. All children should have access to birth registration in the country where they are
born, including non-nationals, asylum seekers, refugees and stateless children. 3 As per
article 8, when a child is illegally deprived of some or all of the elements of his or her
identity, States parties shall provide appropriate assistance and protection, with a view to
re-establishing speedily his or her identity.
7.
The importance of birth registration and the impact of non-registration on the
enjoyment of the rights of the child are acknowledged by the Committee on the Rights of
the Child by way of general comments (see A/HRC/27/22). Lack of registration and a birth
certificate heightens the risk for a child later in life of entering into early marriage, or into
the labour market or the armed forces before the legal age. As per the Committee’s general
comment No. 7, children lacking a birth certificate and related identity documents are also
at risk of being denied their other basic rights, including the rights to health, education and
social welfare services. The Committee recommends that States take all necessary measures
to ensure that all children are registered at birth through a universal, well-managed
registration system that is accessible to all and free of charge.
8.
The right to birth registration and legal identity is further reflected in the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (art. 29) and the Convention on the Rights of Persons with
Disabilities (art. 18). In adulthood, birth certificates may be required to obtain formal sector
employment, to buy or prove the right to inherit property, to vote and to obtain a passport.
Non-registration therefore undermines fulfilment of the rights of all persons, inter alia, to
vote (International Covenant on Civil and Political Rights, art. 25), the right to a nationality
(Universal Declaration of Human Rights, art. 15) and the right of everyone to be free to
2
3
4
Human Rights Committee general comment No. 17 on the rights of the child, para. 7.
Rachel Hodgkin and Peter Newell, Implementation Handbook for the Convention on the Rights of the
Child (UNICEF, 2007), p. 97.
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