Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

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Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 21

Paragraph text
The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Movement
Person(s) affected
  • Children
  • Families
  • Infants
  • Persons on the move
Year
2017
Date added
Aug 19, 2019
Paragraph
View

Effective Implementation of the OPSC 2010, para. 79

Paragraph text
Birth registration provides an official record of a child's existence and nationality and is considered a fundamental right under article 7 of the Convention on the Rights of the Child. Birth registration should be free and universal.
Body
Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
Document type
Special Procedures' report
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Infants
Year
2010
Date added
Aug 19, 2019
Paragraph
View

Conclusion on civil registration 2013, para. 6

Paragraph text
Noting that the lack of civil registration and related documentation makes persons vulnerable to statelessness and associated protection risks, and that birth registration is often essential to the reduction and prevention of statelessness,
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
Person(s) affected
  • Infants
Year
2013
Date added
Aug 19, 2019
Paragraph
View

Conclusion on civil registration 2013, para. 2

Paragraph text
Recognizing civil registration and documentation, especially birth registration as a proof of birth of a person, contribute to enhancing protection and the implementation of durable solutions, including by documenting links with countries of origin,
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
Person(s) affected
  • Infants
Year
2013
Date added
Aug 19, 2019
Paragraph
View

Indigenous children and their rights under the Convention 2009, para. 41

Paragraph text
States parties are obliged to ensure that all children are registered immediately after birth and that they acquire a nationality. Birth registration should be free and universally accessible. The Committee is concerned that indigenous children, to a greater extent than non-indigenous children, remain without birth registration and at a higher risk of being stateless.
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
Person(s) affected
  • Children
  • Ethnic minorities
  • Infants
Year
2009
Date added
Aug 19, 2019
Paragraph
View

Conclusion on civil registration 2013, para. (d) iv

Paragraph text
[Encourages States to make accessible civil registration, in particular through:] considering free birth and death registration in accordance with national laws and regulations; in particular facilitating late registration and the waiving of late registration fees and penalties;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Infants
Year
2013
Date added
Aug 19, 2019
Paragraph
View

Conclusion on civil registration 2013, para. (a)

Paragraph text
Urges States to ensure civil registration and emphasizes that every child shall be registered immediately after birth without discrimination of any kind, taking into consideration that civil registration and, in particular, birth registration provide substantial information for policy and humanitarian planning, through regulations that contribute towards enhancing protection and the implementation of durable solutions;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
Person(s) affected
  • Children
  • Infants
Year
2013
Date added
Aug 19, 2019
Paragraph
View

Conclusion On Identification, Prevention And Reduction Of Statelessness And Protection Of Stateless Persons 2006, para. (h)

Paragraph text
Calls on States to facilitate birth registration and issuance of birth or other appropriate certificates as a means to providing an identity to children and where necessary and when relevant, to do so with the assistance of UNHCR, UNICEF, and UNFPA;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Infants
Year
2006
Date added
Aug 19, 2019
Paragraph
View

General Conclusion On International Protection 2001, para. (r)

Paragraph text
Takes note with particular concern that problems of statelessness can impact disproportionately on women and children, due to the particular operation of nationality and birth registration laws; underlines the importance, notably for women, of identity documentation and proper registration of births and marriages; and calls upon States to adopt all necessary measures in this regard;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
Person(s) affected
  • Children
  • Infants
  • Women
Year
2001
Date added
Aug 19, 2019
Paragraph
View

Inter-American Convention on International Traffic in Minors 1994, para. undefined

Paragraph text
The actions taken in accordance with the provisions of this chapter shall not prevent the competent authorities of the State Party where the minor is located from ordering, at any time, said minor's immediate return to the State of his or her habitual residence, bearing in mind the best interests of the minor.
Body
Organization of American States
Document type
Regional treaty
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Movement
Person(s) affected
  • Adolescents
  • Children
  • Infants
Year
1994
Date added
Aug 19, 2019
Paragraph
View

Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55h

Paragraph text
[The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That a national system of compulsory, accessible and free birth registration is established in order to effectively prevent harmful practices, including child marriage;
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Harmful Practices
Person(s) affected
  • Children
  • Infants
Year
2014
Date added
Aug 19, 2019
Paragraph
View

Women’s access to justice 2015, para. 51o

Paragraph text
[The Committee recommends that States parties:] Keep accurate data and statistics regarding the number of women in each place of detention, the reasons for and duration of their detention, whether they are pregnant or accompanied by a baby or child, their access to legal, health and social services and their eligibility for and use of available case review processes, non-custodial alternatives and training possibilities;
Body
Committee on the Elimination of Discrimination against Women
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Gender
  • Health
Person(s) affected
  • Children
  • Infants
  • Women
Year
2015
Date added
Aug 19, 2019
Paragraph
View

Inter-American Convention on International Traffic in Minors 1994, para. d

Paragraph text
For the purpose of the present Convention: d) "Unlawful means" includes, among others, kidnaping, fraudulent or coerced consent, the giving or receipt of unlawful payments or benefits to achieve the consent of the parents, persons or institution having care of the child, or any other means unlawful in either the State of the minor's habitual residence or the State Party where the minor is located.
Body
Organization of American States
Document type
Regional treaty
Topic(s)
  • Civil & Political Rights
  • Movement
Person(s) affected
  • Children
  • Families
  • Infants
Year
1994
Date added
Aug 19, 2019
Paragraph
View

Inter-American Convention on International Traffic in Minors 1994, para. undefined

Paragraph text
The judicial or administrative authorities of the State Party of the minor's habitual residence, or those of the State Party where the minor is or is assumed to be retained, shall be competent to hear the request for the minor's location and return, at the option of the complainants. When in the complainants' view there are urgent reasons, the request may be submitted to the judicial or administrative authorities of the State Party where the wrongful act occurred.
Body
Organization of American States
Document type
Regional treaty
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Movement
Person(s) affected
  • Adolescents
  • Children
  • Infants
Year
1994
Date added
Aug 19, 2019
Paragraph
View

Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 21

Paragraph text
The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
Body
Committee on Migrant Workers
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Movement
Person(s) affected
  • Children
  • Families
  • Infants
  • Persons on the move
Year
2017
Date added
Aug 19, 2019
Paragraph
View

Servile marriage 2012, para. 100

Paragraph text
The minimum age cannot be applied if there is no proper birth and marriage registration in the country. Registration of births should be compulsory even if the marriages of the parents are not registered.
Body
Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Document type
Special Procedures' report
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
Person(s) affected
  • Families
  • Infants
Year
2012
Date added
Aug 19, 2019
Paragraph
View

The implementation of the rights of the child during adolescence 2016, para. 41

Paragraph text
The lack of birth registration can result in significant additional complications during adolescence, such as the denial of basic services, the inability to prove nationality or receive an identification document, a heightened risk of being exploited or trafficked, a lack of necessary safeguards in the criminal justice and immigration systems and the underage conscription into the armed forces. Adolescents who have not been registered at birth or immediately after should be provided with free late birth certificates and civil registration.
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Movement
Person(s) affected
  • Adolescents
  • Children
  • Infants
Year
2016
Date added
Aug 19, 2019
Paragraph
View

Article 24: Rights of the child 1989, para. 7

Paragraph text
Under article 24, paragraph 2, every child has the right to be registered immediately after birth and to have a name. In the Committee's opinion, this provision should be interpreted as being closely linked to the provision concerning the right to special measures of protection and it is designed to promote recognition of the child's legal personality. Providing for the right to have a name is of special importance in the case of children born out of wedlock. The main purpose of the obligation to register children after birth is to reduce the danger of abduction, sale of or traffic in children, or of other types of treatment that are incompatible with the enjoyment of the rights provided for in the Covenant. Reports by States parties should indicate in detail the measures that ensure the immediate registration of children born in their territory.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Families
  • Infants
  • Women
Year
1989
Date added
Aug 19, 2019
Paragraph
View

Conclusion on civil registration 2013, para. (c)

Paragraph text
Urges UNHCR, with the consent of and in full cooperation with the Governments concerned, and, when appropriate in cooperation with other relevant United Nations agencies, funds and programmes, as well as regional organizations and civil society, to facilitate civil registration, in particular birth registration, through for example collecting and sharing good practices, holding technical workshops, capacity building activities, and providing information and advice to concerned persons, and also to abide by the fundamental principles and inter national norms and standards governing the protection of personal data;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Infants
Year
2013
Date added
Aug 19, 2019
Paragraph
View

Conclusion on civil registration 2013, para. 3

Paragraph text
Reaffirming that every child shall be registered immediately after birth, without discrimination of any kind,
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
Person(s) affected
  • Children
  • Infants
Year
2013
Date added
Aug 19, 2019
Paragraph
View

General Conclusion On International Protection 2008, para. (w)

Paragraph text
Welcomes UNHCR's intensified efforts to identify and to protect stateless persons; encourages States to prevent and reduce statelessness by adopting and implementing safeguards in nationality laws and policies, consistent with fundamental principles of international law, and by facilitating birth registration as a means of providing an identity; stresses safeguarding the right of every child to acquire a nationality, particularly where the child might otherwise be stateless, and considering, as appropriate, facilitating the naturalization of habitually and lawfully residing stateless persons in accordance with national legislation; and requests UNHCR to continue to provide technical advice and operational support to States;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Infants
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Conclusion On Identification, Prevention And Reduction Of Statelessness And Protection Of Stateless Persons 2006, para. (b)

Paragraph text
Calls on UNHCR to continue to work with interested Governments to engage in or to renew efforts to identify stateless populations and populations with undetermined nationality residing in their territory, in cooperation with other United Nations agencies, in particular UNICEF and UNFPA as well as DPA, OHCHR and UNDP within the framework of national programmes, which may include, as appropriate, processes linked to birth registration and updating of population data;
Body
Executive Committee of the Programme of the United Nations High Commissioner for Refugees
Document type
ExCom Conclusion
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Infants
Year
2006
Date added
Aug 19, 2019
Paragraph
View

Inter-American Convention on International Traffic in Minors 1994, para. undefined

Paragraph text
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of the Organization and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation, as well as of reservations, if any, and of their withdrawal. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, do hereby sign the present Convention. DONE AT MEXICO, D.F., MEXICO, this eighteenth day of March, one thousand nine hundred and ninety-four.
Body
Organization of American States
Document type
Regional treaty
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Adolescents
  • Children
  • Infants
Year
1994
Date added
Aug 19, 2019
Paragraph
View

Inter-American Convention on International Traffic in Minors 1994, para. undefined

Paragraph text
Having confirmed that a victim of traffic in minors is present within their jurisdiction, the competent authorities of a State Party shall take such immediate measures as may be necessary for the minor's protection, including those of a preventive nature to ensure that the minor is not improperly removed to another State. The Central Authorities shall inform the competent authorities of the State of the minor's previous habitual residence of all such measures. The intervening authorities shall take such steps as may be necessary to keep the persons or authorities seeking the minor's location and return duly informed of the measures adopted.
Body
Organization of American States
Document type
Regional treaty
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Movement
Person(s) affected
  • Adolescents
  • Children
  • Infants
Year
1994
Date added
Aug 19, 2019
Paragraph
View

Inter-American Convention on International Traffic in Minors 1994, para. undefined

Paragraph text
The following shall have competence in cases of crimes involving international traffic in minors: a) the State Party where the wrongful conduct occurred; b) the State Party that is the habitual residence of the minor; c) the State Party in which the alleged offender is located if said offender has not been extradited. d) the State Party in which the minor who is a victim of said traffic is located. For the purposes of the preceding paragraph, the State Party that first conducted formal proceedings concerning the wrongful act shall have preference.
Body
Organization of American States
Document type
Regional treaty
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Violence
Person(s) affected
  • Adolescents
  • Children
  • Infants
Year
1994
Date added
Aug 19, 2019
Paragraph
View

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