A/HRC/27/22
G.
Human trafficking
30.
Individuals without birth registration or a birth certificate who wish to migrate are
especially vulnerable to smuggling and trafficking. An individual without legal identity
documents has to travel by illegal means and is more likely to have to rely on illicit
intermediaries to facilitate migration.33 They are therefore at greater risk of trafficking and
exploitation.
31.
Furthermore, children who have not been registered are particularly vulnerable to
child traffickers whether or not they are in a migration situation. The legal invisibility of
unregistered children makes it more likely that their disappearance and exploitation will go
unnoticed by authorities. This is particularly the case where the trafficking occurs across
international borders; there is no proof of the child’s existence, so national authorities may
be unwilling or unable to pursue the matter.34
H.
Sale of children
32.
Children without birth registration have been shown to be particularly vulnerable to
exploitation in the area of illegal adoption and the sale of children. In certain countries, the
illegal procurement, buying and selling of children for intercountry adoption was made
possible through the falsification of documents and the production of false birth certificates.
Children whose births are not registered are particularly targeted. In her recent report to the
General Assembly, the Special Rapporteur on the sale of children, child prostitution and
child pornography stated that children whose birth had been registered were less likely to
be sold or illegally adopted, in part because they had proof of who their parents were.35
I.
Armed conflict and emergency situations
33.
Despite the prohibition of the involvement of children in armed conflict under the
Optional Protocol to the Convention on the Rights of the Child, it is estimated that there are
250,000 child soldiers active in the world today.36 The importance of birth registration can
be seen in both the prevention of recruitment and of early conscription (for example, article
3, paragraph 3 (d) of the Optional Protocol requires voluntary recruits to provide reliable
proof of age prior to acceptance) but also in protecting children’s rights after they have
been rescued from this form of exploitation.
34.
Where children have been exploited in armed conflict, birth registration is vital to
ensure that they have effective access to justice, as successful prosecution requires proof
that the individual was indeed a child at the time of recruitment. Furthermore, birth
registration is of great importance in the reunification and reintegration process; where
children are not registered, it is difficult to re-establish their identity and return them to
their homes.37
35.
The importance of birth registration is also manifest during and in the aftermath of
emergency situations. In such situations, the separation of children from their parents and
33
34
35
36
37
Plan International, Count Every Child (see footnote 19), p. 22.
UNICEF, Birth Registration: Right from the Start, Innocenti Digest No. 9, March 2002 (available
from www.childinfo.org/files/birthregistration_Digestenglish.pdf), p. 5.
A/66/228, para. 31 (a).
War Child, “Child Soldiers” (available from www.warchild.org.uk/issues/child-soldiers).
Plan International, Count Every Child (see footnote 19), p. 21.
9
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