Birth registration is defined as the ‘official recording of a child’s birth by the State’. It is also a lasting and official record of a child’s existence, which usually includes the ‘name of the child, date and place of birth, as well as, where possible, the name, age or date of birth, place of usual residence and nationality of both parents.’
Birth registration is an internationally recognized fundamental right. It is recognized under Article 24 of the International Covenant on Civil and Political Rights (ICCPR), which states that ‘every child shall be registered immediately after birth.’ The Convention on the Rights of the Child (CRC) also stipulates that the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.
Article 6(2) of the African Charter on the Rights and Welfare of the Child recognizes the right by stipulating that ‘every child shall be registered immediately after birth’.
Birth registration is not only a right by itself, it is also door to other rights. It provides measures of protection for children from age-related exploitation and abuse. By giving legal recognition to the existence of the child, it puts the foundation for the protection of legal rights.
Even though birth registration is an essential means of protecting the rights of the child ensuring the registration of all children at birth has been a challenge for many states.
This essay examines the link between the lack of birth registration and access to child rights. It also highlights the factors that impede children’s access to birth registration, and how the absence of birth certificates impacts on the rights of children.
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