5.2.1 Definition
43.
Registration of birth is a fundamental right of a child. Birth registration is the
act of recording the birth of a child by an administrative authority. It establishes the
existence in law of a child, and sets the foundation for the recognition of the child as
a legal persona. A child who is not registered does not legally exist and runs a
substantial risk of falling outside of the reach of government‟s protective actions
towards the realization of child rights.
44.
The Committee notes that birth registration is often considered a mere
bureaucratic and administrative formality. Through this General Comment, the
Committee wishes to draw the attention of the States parties to the significance of
adopting a human/children‟s rights approach to birth registration. Birth registration
marks the legal existence of a child and brings with it enormous potential for the child
to enjoy other rights immediately from his/her early childhood. Apart from legal
existence which provides the child with a possibility to access immediately available
health, social security, social care and education services, registration of a child
provides a proof of his/her age against various potential abuses such as trafficking,
sexual abuse, early marriage, child labour and enrollment in armed forces.15 Proof of
age is also important for children involved in criminal offences to benefit from justice
adapted to their needs and specificities such as lower sentences of imprisonment
and special protection measures for children in prison.16 It also constitutes an
irrefutable proof of a child‟s lineage against the risk of disinheritance of property
particularly for orphans or children born out of wedlock. 17 Finally, the right to birth
registration is closely related to the right of children to know and to be cared for by
their parents.18
45.
The Committee defines birth registration as
15
Doek, J In the best interests of the child: Harmonising laws in Eastern and Southern Africa (African Child
Policy Forum 2007), 38.
16
Doek, J (2007).
17
Doek, J (2007).
18
Doek, J (2007).
17