A/HRC/30/42
IV. Institutional interventions
A.
Basic preconditions
1.
Security for all
38.
Much reflection about redressing rights violations simply makes assumptions
about what is missing in the majority of the cases at hand, namely, functional State
institutions. In their original intent, human rights instruments were d esigned to
address — and in fact to redress and correct — abuses of State power. A great deal of
abuses, however, today takes place in areas of limited governance and by non -State
actors. Moreover, it should be highlighted that it is usually the most margi nalized
who bear the brunt of the violations; the better-off have always more exit options
and can translate economic power into some degree of security. Non -recurrence
policies need to pay attention to the provision of effective security for all in full
compliance with all relevant rights-related standards including equality and fairness.
2.
Legal identity
39.
Proof of legal identity is crucial for the exercise of rights and for gaining
access to State services. It is generally a precondition for, inter alia, participating in
most administrative and judicial proceedings, including those related to the violation
of fundamental rights; settling questions relating to civil status; voting or standing
for election and being appointed to office; obtaining a na tionality and a passport;
gaining access to social security or other forms of State support; taking part in
commercial transactions, including entering contracts; opening bank accounts; and
acquiring a title to property.
40.
International and regional human rights law recognize the right to legal
identity 17 in time of peace and conflict. According to the United Nations Children's
Fund (UNICEF), approximately one third of all children under five worldwide have
never been registered. 18 Statelessness, which affects more than 10 million people,
according to the Office of the United Nations High Commissioner for Refugees
(UNHCR), compounds the problem. 19 Conflict negatively affects legal identity
through: (a) the absence or weakening of State presence and servic es; (b) migration
and displacement, often involving the loss of documents and the impossibility of
obtaining new ones; (c) fear and intimidation, for example, children being relocated
and forcibly conscripted; and (d) the deliberate destruction of registries, as has
happened during conflicts at least in Guatemala, Peru, Bosnia and Herzegovina and
Timor-Leste. In Cambodia, during the Khmer Rouge regime in the 1970s, all
documents relevant to civil status were destroyed. In Sierra Leone, where thousands
of children were abducted and forced to fight during the 10-year conflict, many had
17
18
19
10
See International Covenant on Civil and Political Rights, art. 24; Convention on the Rights of the
Child, arts. 7 and 8; International Convention for the Protection of All Persons from Enforced
Disappearance, art.25; African Charter, art. 6; and American Convention on Human Rights, arts. 3
and 18.
See UNICEF, “Every Child’s Birth Right: inequalities and trends in birth registration” (New York,
2013), available from www.unicef.org/media/files/Embargoed_11_Dec_Birth_Registration
_report_low_res.pdf.
See UNHCR, 2013 Statistical Yearbook (Geneva, 2013), available from
www.unhcr.org/54cf99f29.html.
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