ensure that birth registration is universal, free and accessible, as outlined in this
General Comment, States should also adopt laws and procedures that allow for
alternative forms of evidence of possession of a nationality where a birth certificate is
not available or accessible. These may include the notification of birth provided by a
hospital or clinic, oral testimony from a birth attendant, religious leader or other
person with knowledge of the birth, and other appropriate forms of documentary or
non-documentary evidence.
4.6
Interdependence and indivisibility of the rights within the African
Children’s Charter
25. The Committee takes the view that all children‟s rights in the Charter are
interdependent, indivisible and mutually reinforcing. The following are examples of
how Article 6 provisions interact with a number of other rights contained in the
Charter. This General Comment reiterates that the right to birth registration plays a
significant role in the realisation of other children‟s rights.
4.6.1
26.
Justice for children
Being registered is for a child of paramount importance for his/her enjoyment
of protections guaranteed under recognised justice for children principles. It is the
age of the child that determines whether he/she is criminally responsible or not; the
birth certificate is the primary documentary proof that a child has attained the
minimum age for criminal responsibility. If found criminally responsible, proof of age
still serves to ensure that the criminal process is carried out in his/her best interests
with the necessary protections.
27. The Committee notes in particular that a non-registered child may fail to invoke
the protections under the provisions of Articles 5 and 17 of the Charter. Article 5 (3)
protects a child found guilty of a crime from a death penalty while Article 17
guarantees numerous other protections such as the right to special treatment in a
manner consistent with the child‟s dignity, the right to be separated from adults in
places of detention or imprisonment, the right to a speedy trial, the right to privacy
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