interdependence and indivisibility of children‟s rights in general and the
interdependence and indivisibility of the three rights provided for under Article 6 in
particular.
4.1. Best interests of the children
14.
The African Children‟s Charter provides in Article 4 (1) that the best interests of
the child shall be the primary consideration in all actions concerning the child
undertaken by any person or authority.
15. The Committee is of the view that the attribution and change of the name as
well as the regulation thereof should always conform to the best interests of the
child. Naming practices which are not conducive to the best interests of the child
must be avoided. All laws, policies and programmes related to the improvement of
the birth registration system as well as the acquisition of a nationality must also be in
conformity with the best interests of the child.
4.2 Non-discrimination
16.
Non-discrimination in the context of the rights to a name, birth registration and
to acquire a nationality means that no child should be deprived of his/her right to a
name, that no child‟s birth should go unregistered whatever his/her parents' or legal
guardians' race, ethnic group, colour, sex, language, religion, political or other
opinion, national and social origin, fortune, birth or other status7 and that none of
those grounds should justify a child‟s deprivation of his/her right to acquire a
nationality under Article 6 of the Charter. The Committee underlines the fact that
discrimination on whatever ground puts in peril the principle of universality of birth
registration. Thus, discrimination on the basis of the marital status of the child‟s
parents or on the basis of gender should not prevent the child from carrying the
name of either or both his/her mother and father. The status of the child as having
been adopted and other potentially discriminatory or stigmatizing information should
7
Article 3, African Children’s Charter.
7