A/HRC/39/30
requirements that they cannot satisfy, as earlier generations are unlikely to have been able
to register their vital events or to be in possession of civil registration documents.25
24.
Registration forms may not be made available in indigenous or minority languages,
and there is often inadequate awareness within these communities of the right to, and
benefits of, birth registration. Lower birth registration rates among minority and indigenous
children contribute to their exclusion from national policies and programmes, and can lead
to chronic underestimation of child mortality rates in these communities due to the lack of
data on their births and deaths in national registers.26
F.
Children born in a migration or displacement context
25.
Birth registration is fundamental to the prevention of statelessness, and is essential
to protect children born to parents who are in an irregular migration situation, or to refugee
or asylum-seeking parents. While birth registration in itself does not confer citizenship on a
child, it can demonstrate the link between an individual and the State, by documenting
where a child was born and who the child’s parents are. When a child’s birth is not
registered, they are at heightened risk of statelessness if, for example, they lack evidence to
prove their right to a nationality and the State refuses to acknowledge them as a citizen.
26.
In some countries, discriminatory policies and practices persist with respect to the
birth registration of children of migrant persons in irregular situations, refugees and asylum
seekers. For instance, when criminalized, irregular migration has proved to be a deterrent to
child birth registration, because parents usually fear detention and/or deportation and
therefore try to avoid all contact with local authorities. 27 In this respect, the Committee on
the Rights of the Child and the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families recommend to States to remove legal and practical
obstacles to birth registration, including by prohibiting data sharing between health-care
providers or civil servants responsible for registration, on the one hand, and immigration
enforcement authorities, on the other, and by not requiring parents to produce
documentation regarding their migration status.28
27.
States must guarantee the human rights of all children in the context of migration
and displacement, by ensuring inter alia that every child born in such contexts is properly
registered, without charge and regardless of the migration or residence status of their
parent(s) or other guardians. 29 In addition to being an obligation under international human
rights law, registering the births of these children is important to ensure equal access to
rights and services, and accurate national data on the population in the host country. It can
be essential in order to support a child’s repatriation and return to his or her country of
origin where appropriate.
G.
Conflict and humanitarian situations
28.
Armed conflict, humanitarian situations or other emergencies frequently disrupt civil
registration processes, and lead to the destruction of birth records when no digital civil
registration system is in place. They also present new challenges, or intensify pre-existing
25
26
27
28
29
Submission from Minority Rights Group.
Mariana Muzzi, “UNICEF good practices in integrating birth registration into health systems (2000–
2009)”, UNICEF working paper (January 2010), p. 11.
See A/64/213.
See joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All
Migrant Workers and Members of Their Families/No. 23 (2017) of the Committee on the Rights of
the Child on State obligations regarding the human rights of children in the context of international
migration in countries of origin, transit, destination and return.
See principle 10 of the OHCHR and Global Migration Group principles and guidelines, supported by
practical guidance, on the human rights protection of migrants in vulnerable situations.
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