49. For the right to birth registration to be effective, the Committee holds that it must be universal, free and accessible and made immediately after the birth of a child. Those three features are discussed in turn in the present General Comment. 5.2.2.1 50. Universality The Committee is of the view that the universality of birth registration must be understood in the context of universality of all other human rights to mean that human rights belong to all human beings, anywhere and anytime. 20 Similarly, the right to birth registration is for all the children, anywhere and anytime. Article 6 (2) of the Charter uses the term “every child”. It must be afforded to all children without discrimination, as a result of a birth occurring on a state‟s territory. 21 Children born to foreigners, asylum seekers, refugees and undocumented immigrants qualify equally for birth registration in the same way as those born to citizens.22 51. Universality of this right therefore means that no birth of a child should go unregistered irrespective of his/her legal status or that of his/her parents. The Committee emphasizes that children born to vulnerable parents such as those who are nomadic, with disabilities, refugees, asylum seekers, or undocumented immigrants or parents belonging to a certain (targeted or threatened) ethnic group should a fortiori benefit from special protection measures including their registration at birth. In this regard the Committee recalls its view that this could be achieved through a universal, well-managed registration system that is based on the principle of non-discrimination and which is accessible to all.23 The system should be set up and managed in such a way that registry authorities can guarantee confidentially to those in an irregular migrant situation, so as to encourage them to register births: details should not be shared with police and immigration authorities. 20 Henkin, L. ‘The Universality of the Concept of Human Rights’ (1989) 506 Annals of the American Academy of Political and Social Science 10, 11. 21 Elphick, R ‘Towards Universal Birth Registration in South Africa: A Briefing Paper Drafted by Lawyers for Human Rights’ (LHR 2011) available at http://www.lhr.org.za/publications/lhr-briefing-paper-towardsuniversal-birth-registration accessed 13 September 2013. 22 Elphick, R (2011). 23 Kenyan Nubian Children Case (note 8 above) at footnote 12. 19