A/HRC/27/22
Committee on the Rights of the Child, in its general comments No. 3 (HIV/AIDS),7 No. 6
(treatment of unaccompanied and separated children),8 No. 7 (early childhood),9 No. 9
(children with disabilities),10 No. 10 (juvenile justice),11 No. 11 (indigenous children),12 No.
13 (right to freedom from all forms of violence)13 and No. 15 (right of the child to health).14
13.
As described by the Committee on the Rights of the Child in its general comment
No. 7, children who are not registered may be denied basic rights, such as health, education
and social welfare. It therefore recommended that States take all necessary measures to
ensure that all children are registered at birth, which can be achieved through a universal,
well-managed registration system that is accessible to all and free of charge. The
Committee added that an effective system must be flexible and responsive to the
circumstances of families, and reminded States of the importance of facilitating late
registration of birth and ensuring that children who have not been registered have equal
access to health care, protection, education and other social services. In its general
comment No. 13, the Committee adopted a progressive view, clearly indicating that the
lack of birth registration can be a form of neglect and of negligent treatment when those
responsible for the child’s care have the means, knowledge and access to services to do so.
14.
The most recent international human rights instruments all contain provisions
relating to birth registration, including article 29 of the International Convention on the
Protection of the Rights of all Migrant Workers and Members of Their Families and article
18 the Convention on the Rights of Persons with Disabilities.
15.
The right to birth registration is not restricted to human rights law; indeed, it is
intrinsically connected to issues arising in both international refugee law and international
humanitarian law.15 In this regard, the Executive Committee of the Office of the United
Nations High Commissioner for Refugees (UNHCR) has consistently raised the issue of
birth registration of refugees, asylum seekers and stateless persons in its Conclusions on
International Protection, nine of which include specific recommendations on birth
registration and the right to identity. In October 2013, the Executive Committee adopted a
Conclusion on International Protection that specifically focused on civil registration. The
Conclusion, in which the Executive Committee encouraged States to ensure that every child
is registered immediately after birth without discrimination of any kind, is a milestone
document that sets up a framework of action for the protection of the rights of refugees,
asylum seekers and stateless persons. UNHCR has furthermore made birth registration a
global strategic priority. The Framework for the Protection of Children, issued by UNHCR
in 2012,16 also includes a specific objective to ensure girls and boys obtain legal
documentation, including birth certificates, in a non-discriminatory manner (Goal 4).
16.
At the intergovernmental level, both the General Assembly and the Human Rights
Council have been particularly influential in highlighting the importance of universal birth
registration. The Assembly has included the issues of birth registration and preservation of
identity in at least one resolution every year since 2001. In its resolutions, the Assembly
7
8
9
10
11
12
13
14
15
16
CRC/GC/2003/3.
CRC/GC/2005/6.
CRC/C/GC/7/Rev.1.
CRC/C/GC/9 and Corr.1.
CRC/C/GC/10.
CRC/C/GC/11.
CRC/C/GC/13.
CRC/C/GC/15.
See the Convention on the Reduction of Statelessness, arts. 1-6, and the Geneva Convention relative
to the Protection of Civilian Persons in Time of War, art. 50.
Available from www.refworld.org/docid/4fe875682.html.
5
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