and political rights, but which may not be secured if a child has not been registered
and issued a birth certificate whilst still under the age of 18 years. Birth registration
can thus be seen as an important adjunct to furthering democratic governance in
Africa generally.
5. Content of the Rights
5.1. The right to a name: Article 6 (1)
38. Article 6 (1) provides that “Every Child shall have the right from his birth to a
name”. A name has a number of functions in a society. A name is used as a means
of identification, expression and communication. A name serves both private and
public purposes. It is privately attributed but subjected to state regulation. A name
serves to distinguish one a person from another, to keep track of individuals, to
promote public safety and to assign rights and responsibilities, among other things.
Much as most of the identification documents provide space for a name, a surname
and sometimes a middle name or maiden name, the Committee takes the position
that the name as provided for under the African Children‟s Charter means any or all
of those, as the case may be. It should be possible for the child to be registered
under the name of his or her mother or father or both, in accordance with local
custom and parental preference.
39. The name is an important element of an individual‟s identity. 12 Even if a person
can be identified through the social, political, religious or cultural group he/she
belongs to, a name remains the easiest personal identification tool for any person. In
some societies, a name can even indicate the social, cultural or religious group
(ethnicity, tribe or religion) an individual belongs to. The obligation to give a child a
name lies with his/her parents or guardians. However, in order to give requisite effect
to the right to a name, States parties have the obligation to regulate the attribution of
names.
12
Ziemele, I. ‘Article 7: The Right to Birth Registration, Name and Nationality and the Right to Know and Be
Cared for by Parents’ in Alen, A. and others (Eds) A Commentary on the United Nations Convention on the
Rights of the Child (Martinus Nijhoff Publishers 2007), para 20.
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