Birth registration is simply an act of legal recognition of those children by the host
country which enables them to have a legal identity.
62.
The Committee wishes however to record that birth registration is in many
countries essential to the acquisition of a nationality by any person (including
refugees and asylum seekers). Birth registration establishes the place of birth and
parental affiliation of a child. Since nationality is generally acquired by jus sanguinis
(descent) or by jus soli (territory of birth), birth registration will play a crucial role as a
documentary proof in establishing either of these ways of acquiring a nationality.
63.
The Committee notes that while nationality is normally acquired independently
and birth registration in and of itself does not normally confer nationality upon the
child concerned, birth registration does constitute a key form of proof of the link
between an individual and a State and thereby serves to prevent statelessness.
(d)
64.
Birth registration and children of undocumented migration status
The Committee considers children of undocumented status to fall in any of (at
least) the five groups: undocumented children, children born to undocumented
parents, children whose migration status became irregular because their parents or
caregivers overstayed their residence visas or permits in a given country, children in
regular migration status (without necessarily being documented) but whose parents
or caregivers are undocumented, or children born to parents whose deportation has
been suspended due to circumstances justifiable under international law or
international humanitarian law, but have not been issued any documentation. 26
65.
The Committee observes that children in undocumented status are very
vulnerable for at least the following two reasons. On the one hand, their parents or
caregivers are likely to remain hidden due to fear of being arrested if the
administrative authority discovers their irregular migration status. On the other hand
26
See Platform for International Cooperation on Undocumented Migrants (PICUM) Rights of Accompanied
Children in an Irregular Situation (UNICEF 2011) 8 available at
http://fra.europa.eu/fraWebsite/frc2011/docs/rights-accompanied-children-irregular-situation-PICUM.pdf
accessed 22 September 2013.
23