stage of criminal proceedings against their parent. This is more so particularly if
those children have not been registered at birth.29
71.
The Committee therefore holds the view that the birth registration of children
of imprisoned mothers makes them visible, and their visibility in turn makes
protection of their rights such as the right to survival, to education and to health
possible. In addition, for an imprisoned mother to invoke her rights under Article 30
referred to above (which are indirectly rights of the child) she must be able to prove
her parental ties with her child. This may be difficult if the child has not been
registered.
5.2.2.2
72.
Free and accessible
Birth registration must be made free by means of universal, accessible,
simple, expeditious and effective registration procedures without discrimination of
any kind.30 Late birth registration should be allowed and also made free of charge or
done at a low-fee rate.
73.
The Committee reiterates its position that the obligation of the State Party
under the African Children‟s Charter to ensure that all children are registered
immediately after birth extends to addressing all de facto limitations and obstacles to
birth registration.31 The Committee notes that free registration of birth does not
simply mean abolition of the fee applicable to registering a child or the cost of
obtaining the birth certificate. Free birth registration cannot be effective unless the
associated costs are catered for by States parties. These include administrative
costs such as civil registration offices, civil registrars‟ salaries, offices, equipment
(computers, sufficient forms, mobile registration equipment to access remote and
rural areas…) and sensitization costs. Birth registration cannot be said to be free if
one has to pay an onerous transport fee to reach the civil registration office. The
29
See General Comment No 1 of the African Committee of Experts on the Rights and Welfare of the Child
(Article 30 of the Charter: Children of imprisoned care-givers), available at www.acerwc.org (November 2013).
30
Human Rights Council Promotion and protection of all human rights, civil, political, economic, social and
nd
cultural rights, including the right to development (22 Session of 19 March 2013) A/HRC/22/L.14/Rev.1 para
5.
31
Kenyan Nubian Children’s case (note 8 above) at para 40.
26