31.
Birth registration is a prerequisite for the issuance of a birth certificate to a
child. The Committee is aware that there are still many countries in Africa that
require production of a birth certificate to enroll children for school or for enrolled
children to sit for (national) exams. In those countries, the right to education
becomes that of children whose birth has been registered - to the exclusion of the
non-registered. A child who is not registered and does not go to school not only
loses potential for his/her future but also becomes more vulnerable to other abuses
of his/her rights. He/she becomes an easy target for child traffickers, child labour,
early marriage, illegal adoption, sexual exploitation and other harmful practices. In
this regard, when a child has not been registered at birth and has attained the school
age, State parties shall take appropriate measures to register him/her, issue him/her
a birth certificate and enroll him/her for school. Birth registration should be facilitated
at the point where non –registration becomes apparent, rather than acting as an
impediment to the child‟s access to other rights.
32.
As regards the right to health and right to social welfare, the Committee notes
that medical care and social welfare services, social security (where available), and
health services are less easily available for non - registered children. Provision of
essential services such as vaccinations, medicines and cash transfers to alleviate
extreme poverty may be imperiled by the absence of suitable identification
documentation.
4.6.4
Right to parental care and protection
33. The Committee recalls the commitment of States parties to ensure that a child
grows up in a family environment in an atmosphere of happiness, love and
understanding for the full and harmonious development of his/her personality. 10 The
Committee also recalls the right of every child to the enjoyment of parental care and
protection and whenever possible, the right to reside with his/her parents.11
10
11
Preamble, African Children’s Charter.
Article 19 (1), African Children’s Charter.
13