A/HRC/39/30
A.
Child trafficking, sale of children and child labour
14.
The legal invisibility of unregistered children makes them more vulnerable to
trafficking, sale, child labour and illegal adoption. This is exacerbated by the fact that cases
of a child’s disappearance or exploitation are more easily hidden from authorities when the
child does not legally exist in national registers. Migrant children without birth registration
or a birth certificate are especially vulnerable to exploitation and abuse, particularly if they
are in an irregular situation. In such a context, they may come into contact with illicit
intermediaries who are involved in these forms of exploitation.
15.
Birth registration is a crucial step in protecting children from child labour, as it
provides an essential means of proving their age when it is below the minimum age of
employment. It is important in this respect to consider, however, that falsified birth
certificates are used in some cases to indicate an inaccurate age of a child. In order to
prevent child labour effectively, minimum ages for employment in line with international
human rights and employment standards must be monitored and enforced. Birth registration
also serves to protect children in conflict with the law by supporting the right to neither be
prosecuted as adults, nor detained with adults, 12 and is a crucial element in combating child
marriage, including by supporting the enforcement of laws prohibiting this violation of
children’s rights.
B.
Children born into poverty and exclusion
16.
The barriers to accessing birth registration can be insurmountable for children born
into poverty, who may live in rural areas without affordable access to transport, in
households with very low incomes and literacy levels, and whose parents often have limited
awareness of their rights and how to claim them. In many countries, birth registration
processes are overly complex and time-consuming, with multiple steps before a birth
certificate is issued, fees for registration, and fines or penalties for late registration. The
costs involved and time required for transport to registration offices can be prohibitive for
families who are struggling to survive.
17.
In some countries, birth registration is contingent on the provision of prior
documentation, such as parents’ birth or marriage certificates, or their residence permits,
which for families living in poverty or in remote areas may be difficult or impossible to
obtain. A lack of awareness about procedures, and about the rights and benefits associated
with birth registration, and a lack of information on birth registration in local and minority
languages, exacerbates these obstacles for the poorest families.13
C.
Gender discrimination
18.
Discriminatory laws and practices have adverse effects on birth registration rates.
Registration may be prevented due to discrimination on the grounds of a child’s or his or
her parent’s gender, ethnicity, race or religion, or on other grounds. Gender discrimination
is a serious barrier to registration in countries where only men are legally allowed to
register a child, or where both the mother, together with the father or another male relative,
must be present in order to do so. Such laws discriminate against the mother, and prevent
the registration of children who are born as a result of rape or out of wedlock. Mothers may
also be reluctant to approach authorities in contexts where births out of wedlock are highly
stigmatized. Children from non-traditional family arrangements also risk not being
registered due to discrimination, such as those born to sex workers or same-sex couples,
among others.14
12
13
14
See arts. 37 and 40 of the Convention on the Rights of the Child.
Submission from ATD Fourth World.
See A/HRC/23/50, para. 86.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents