ISI Database on Statelessness and
Human Rights

33. The Committee reiterates its concern that children born to stateless persons who have no right of permanent residence in Lithuania do not automatically obtain a nationality.

34. The Committee encourages the State party to take all appropriate measures to ensure that all children born in Lithuania are protected from statelessness.

31. Despite the State’s party efforts in this area, including legislative initiatives by the Sub-Committee on the Revision of Child-Related Laws and the adoption of a Strategy to Address the Problem of Legal Status and Right to Identity in January 2005, the Committee is nevertheless concerned about the high number of children that remain without birth registration, particularly in the most remote areas of the country and in tsunami-affected areas. The Committee is also concerned about persisting difficulties in ensuring the registration of children of migrant workers, refugees and asylum-seekers as well as of indigenous and minority communities, particularly those born outside of hospitals. The Committee is further concerned about weak law enforcement and limited public awareness of the significance and benefits of birth registration.

32. The Committee reiterates its previous recommendations and, in line with article 7 of the Convention, recommends that the State party continue to review its legislation, in particular the Act for Registration of Inhabitants (B.E. 2534) of 1991, with a view to ensuring that the birth registration system is equally accessible to all children in the whole territory of the State party, in particular, migrant and refugee children, children belonging to indigenous and minority communities, and children living in the most remote or in tsunami-affected areas. The Committee also recommends that the State party improve the existing birth registration system by:

(a) Introducing mobile birth registration units and public awareness-raising campaigns to reach the most remote areas of its territory;

(b) Strengthening cooperation between the birth registration authority and maternity clinics, hospitals, midwives and traditional birth attendants, in order to achieve better birth registration coverage in the country;

(c) Continuing to develop and widely disseminate clear guidelines and regulations on birth registration to officials at the national and local levels; and 

(d) Ensuring that children whose births have not been registered and who are without official documentation have access to basic services, such as health and education, while waiting to be properly registered.

33. The Committee is concerned that a significant number of children residing in Thailand remain stateless, which adversely impacts their full enjoyment of rights including education, development and access to social and health services, and which renders them vulnerable to abuse, trafficking and exploitation.

34. The Committee reiterates its recommendation that the State party withdraw its reservations to articles 7 and 22 of the Convention and urges it to continue to implement measures to ensure that all stateless persons born in Thailand and living under its jurisdiction can acquire a nationality, including the possibility of acquiring Thai nationality. The Committee also urges the State party to take specific measures to ensure their access to basic services such as social and health services and education.

[...]

78. The Committee expresses its concern about the situation of children belonging to indigenous, tribal and minority communities who are subject to both stigmatization and discrimination. In particular, it is concerned about widespread poverty among indigenous peoples and minorities and the limited enjoyment of their human rights, in particular, concerning their access to social and health services and education. The Committee is also concerned that many indigenous and minority children are stateless and/or have no birth registration and are at increased risk for abuse and exploitation. It further notes that there is at present insufficient demographic data on the hill-tribe population in Thailand.

79. The Committee recalls the State party’s obligations under articles 2 and 30 of the Convention and recommends that it ensure the full enjoyment, by indigenous and minority children, of all of their human rights equally and without discrimination. In this regard, the Committee urges the State party to take adequate measures to protect the rights of indigenous and minority children to preserve their historical and cultural identity, customs, traditions and languages, taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of indigenous children in September 2003. It also urges the State party to continue to develop and implement policies and programmes in order to ensure equal access to culturally appropriate services, including social and health services and education. The Committee also recommends that the State party ensure access to birth registration for all indigenous and minority children and continue to implement measures to address the issue of statelessness.

32. Notwithstanding the remarkable progress achieved in improving birth registration coverage from 28 per cent in 2003 to 51 per cent in 2004, including through the extensive use of mobile registration units, the Committee remains concerned about the many challenges faced by the State party such as poor staffing, inadequate funding and lack of logistics. The Committee is further concerned about the difficulties in ensuring the birth registration of children, particularly in rural areas, and for abandoned children, asylum-seekers and refugee children.

33. In light of article 7 of the Convention, the Committee recommends that the State party implement an efficient birth registration system, which covers its territory fully, including through:

(a) Strengthening its efforts in terms of financial allocations and improved institutional capacities;

(b) Taking appropriate measures to register those who have not been registered at birth;

(c) Strengthening the cooperation of the Births and Deaths Registry between the local government and community based institutions;

(d) Increasing the appreciation of the importance of birth registration and providing information on the procedure of birth registration, including the rights and entitlements derived from the registration, to the public, including through television, radio and printed materials; and

(e) Paying particular attention to the improved access to an early birth registration system by abandoned children, asylum-seekers and refugee children.

33. The Committee notes with appreciation the initiatives undertaken by the State party to deal with tardy declaration of births and unregistered children, including the establishment of a high level Committee chaired by the Attorney-General and the Minister of Women’s Rights, Child Development, Family Welfare and Consumer Protection in August 2005. It also notes the creation of a hotline operating on a 24-hour basis through which tardy declarations can be made. However, the Committee also notes that the procedures regarding late registration are still complex and very long.

34. The Committee encourages the State party to continue its initiatives to ensure that cases of tardy declarations are dealt with in a more expeditious manner.

35. While noting the efforts taken by the State party in registering children at birth, including the decision to waive the birth certificate fee and the introduction in 2000 of the Late Registration of Birth Programme, the Committee remains concerned that there are still a significant number of children whose births are not registered.

36. In light of article 7 of the Convention, the Committee urges the State party to strengthen its efforts to reform its civil registration system to ensure that all children are registered at birth including through review of the existing registration system, awareness-raising campaigns, and to consider facilitating procedures of birth registration through mobile units for remote areas.

38. As regards the child’s right to acquire nationality, the Committee is concerned about the discrimination against children on account of their fathers’ nationality. Children of Saudi fathers acquire Saudi nationality at birth, regardless of the child’s birthplace, but Saudi women cannot transmit their Saudi nationality to their children born from a relationship with a non-Saudi man or from a non-marital relationship.

39. The Committee recommends that the State party review its legislation on nationality in order to ensure that nationality can be transmitted to children through both the maternal and paternal line without distinction.

4. The Committee welcomes the withdrawal by the State party of its reservation to article 10 (2) and its willingness to consider withdrawing remaining reservations. However, the Committee regrets that despite indications in 2001 of the intention to withdraw its reservation to article 7 of the Convention, the State party still has not done so. The Committee further regrets that despite its previous recommendations (CRC/C/15/Add.143, paras. 6 to 9) the reservation to article 10 (1) has not been withdrawn either.

5. The Committee reiterates its recommendation that the State party take the necessary legal and other measures to establish a practice in the area of family reunification and access to citizenship in accordance with the principles and provisions of the Convention. It further recommends that the State party consider withdrawing its reservations to articles 7 and 10 (1) of the Convention in the near future.

33. The Committee appreciates the considerable efforts demonstrated by the State party towards achieving birth registration for all children. However, the Committee is concerned that there are still about 15 per cent of Peruvian children who are not properly inscribed in the Civil Registry System, mostly children in rural and remote areas of the country.

34. The Committee reiterates its previous recommendation and urges the State party to make a priority of the immediate registration of the births of all children and to promote and facilitate the registration of those children who were not previously registered at birth, in light of article 7 of the Convention. In particular, the State party should modernize and ensure the proper operation and maintenance of the Registrar’s Office, including by providing it with the necessary financial resources, qualified and well-trained staff and making the system more accessible throughout the country.

42. The Committee notes with appreciation the significant efforts made by the State party to address the Committee’s previous concerns regarding the non-registration of children at birth. However, it continues to be concerned that, in part because of existing family planning policies, all children are not systematically registered immediately after birth in mainland China, and that this disproportionately affects girls, children with disabilities and children born in some rural areas.

43. The Committee recommends that the State party continue to strengthen its efforts to ensure that all children, in particular girls and children with disabilities, are registered
immediately after birth and to provide flexible measures to allow older children who have not been registered to do so throughout mainland China, with a particular emphasis on rural areas. It further suggests that the State party consider revising the Hukou system of registration in order to reinforce such initiatives.

[...]

52. As noted in paragraph 5 above, the Committee notes with appreciation the ratification of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (No. 33). However, the Committee regrets the inadequate information available on the number of international adoptions and the number of agencies facilitating such adoptions on the mainland. It is further concerned about the lack of explicit guarantees that children without birth certificates maintain their right to an identity throughout the adoption process.

53. The Committee recommends that the State party:

[...]

(d) Enact legislative and administrative measures to ensure that all children without birth certificates are guaranteed their right to an identity throughout the adoption process;

[...]

80. The Committee notes the efforts made by the State party to allow the approximately 300,000 Indochinese refugees to settle permanently in mainland China. However, it is concerned that the children born in China of these former refugees are not granted Chinese citizenship. [...]

82. The Committee recommends that the State party extend all human rights guarantees in its Constitution and in the Convention to all children within its jurisdiction
on both the mainland and the SARs, including refugees, asylum-seekers and other undocumented migrants. In particular, the Committee recommends that the State party:

(a) Amend legislation to allow children born in China of former Indochinese refugees in mainland China to obtain Chinese citizenship;

67. The Committee recommends that the State party:

(d) Introduce specific administrative regulations or directives providing for automatic birth registration of, and issuance of birth certificates to, children born to refugees and asylum-seekers residing in the Russian Federation, and take the necessary measures to ensure that birth certificates are issued to all internally displaced persons in Chechnya for their children born in Ingushetia.