A/HRC/39/30
19.
Regulations and practices that discriminate on the grounds of gender and prevent
registration can lead to statelessness. Children are at risk of being left stateless in countries
where discriminatory laws prevent women from conferring their nationality on their child,
particularly when the father does not acknowledge the child. Many countries give a woman
unequal and lesser rights than a man to pass on citizenship to their children,15 and often
mothers are only allowed to confer nationality to children in specific circumstances, such as
where the father is unknown or stateless. In addition, procedural requirements for the
conferral of citizenship may be imposed on mothers which are not placed on fathers.16
20.
Intersex children are often discriminated against in the context of birth registration
processes, and special measures are needed to ensure their registration. They are at risk of
undergoing medical procedures seeking to “normalize” their gender in order to satisfy
requirements that they be registered as either male or female, when they are too young to
provide their consent and decide how they wish to register their gender status. 17
D.
Children with disabilities
21.
According to UNICEF estimates, between 93 million and 150 million children live
with disability globally, and children with disabilities are overrepresented among those
lacking a birth certificate. 18 They are thereby placed at risk of remaining invisible to
society, institutionalized, and neglected or left out from essential health, education and
other services.19 In many cases their non-registration is due to reluctance on the part of their
parents or families to register their births, on the basis of cultural prejudice or social
stigma. 20 Further to this, in some countries there are laws that directly or indirectly
discriminate against the birth registration of children with disabilities.
22.
Children with disabilities are at risk of infanticide at birth in contexts where they or
their families are subject to intense social discrimination and stigma, and girls with
disabilities are at the greatest risk of this violation of their right to life. 21 As a lack of birth
registration leads to a child’s invisibility due to a lack of legal recognition by the State, in
the absence of an official record of their birth such crimes occur with impunity. 22 The
vulnerabilities precipitated by failures to register the births of children with disabilities are
exacerbated in emergency settings, where they are at heightened risk of abuse, neglect,
exploitation, abandonment and exclusion from humanitarian assistance. 23
E.
Indigenous and minority children
23.
Minorities and indigenous peoples are especially vulnerable to not being registered
at birth, and face heightened obstacles when they live in remote or border areas, are
nomadic or migrate, seek asylum or are refugees, or live in areas affected by conflict or
humanitarian situations. 24 Registration systems often directly or indirectly discriminate
against indigenous and minority children, for example due to prior documentary
15
16
17
18
19
20
21
22
23
24
6
Equality Now, The State We’re In: Ending Sexism in Nationality Laws (2016).
Submission from Equality Now and submission from Women Enabled International.
Submission from the Children Education Society.
UNICEF, “Children and young people with disabilities: fact sheet” (2013), p. 10.
See Committee on the Rights of the Child, general comment No. 9 (2006) on the rights of children
with disabilities.
See Committee on the Rights of the Child, general comment No. 7 (2005) on implementing child
rights in early childhood; and UNICEF, Promoting the Rights of Children with Disabilities (2007).
See Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women
and girls with disabilities.
See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal
recognition before the law.
See Committee on the Rights of the Child, general comment No. 9; and UNICEF and Handicap
International, Guidance on Including Children with Disabilities in Humanitarian Action (2017).
UNICEF, Every Child’s Birth Right.
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