CHAPTER TWO: LEGAL FRAMEWORKS ON BIRTH REGISTRATION
2.0 Introduction
There are laws that govern birth registration at international, regional and national
levels. At international and regional level there are instruments known as Conventions,
Declarations, Recommendations and Treaties which enshrine agreed standards with
regard to birth registration. Member states are bound by these instruments if they sign
and ratify them. The international, regional and national legal frameworks regarding
birth registration are briefly outlined below.
2.1 The International Law Relating to Birth Registration
The international community first recognized birth registration as human right in 1948
with the Universal Declaration of Human Rights (UDHR) in Articles 6 & 15.
Article 6 of the UHDR provides that,
“Everyone has the right to recognition everywhere as a person before
the law.”
Article 15(a) provides that everyone has the right to a nationality.
The above declaration was followed by International Convection on Civil and
Political Rights (ICCPR) which came into force in 1976 and in Article 24
provides that,
24 (2) “Every child shall be registered immediately after birth and shall
have a name”, and that “every child has the right to acquire a
nationality”
24 (3) “Everyone has the right to acquire a nationality”.
The Convention for the Rights of the Child (CRC) came into effect in 1990
and Zimbabwe ratified it in 1992. In Article 7 and 8 of this convention it is
provided as follows:
(7) “The child shall be registered immediately after birth and shall have
the right from birth to name and the right to acquire nationality”
(8) “State parties undertake to respect the right of the child to preserve
his or her identity including nationality, name and family relations as
recognized by law without unlawful interference where a child is
deprived of some or all of the elements of his or her identity.
2.2. Regional Framework
The 26th Session of the Assembly of Heads of State and Government of the OAU
adopted the African Charter in July 1990. Thereupon they committed themselves to
upholding the rights, duties and obligations pertinent to the survival and protection of
children. Children’s rights are articulated in the United Nations Convention on the
Birth Registration Research Report/2007
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