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UNICEF and Children's Right to Identity

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UNICEF and Children's Right to Identity

MUN

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aashank13singh
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© © All Rights Reserved
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Letter from Excutive Board

Greetings Delegates!

It gives us immense pleasure to welcome you MRMUN '24 simulation of the United Nation
Children's Fund . We look forward to an enriching and rewarding experience.
This study guide is by no means the end of research, we would very much appreciate it if the
leaders are able to find new realms in the agenda and bring it forth in the committee.
Referring to the terms idea’s and bringing your own logic and analysis will allow you to have
a fruitful debate.
With the scope of the agenda and how it has been placed there is huge scope for research
along with sound logical arguments and discussion so such research combined with good
argumentation and a solid representation of facts is what makes much as possible, as fluency,
diction or oratory skills have very little importance as opposed to the content you deliver. So
just research and speak and you are bound to make a lot of sense. We are certain that we will
be learning from you immensely and we also hope that you all will have an equally enriching
experience. In case of any queries feel free to contact us. We will try our best to answer the
questions to the best of our abilities. We look forward to an
exciting and interesting committee, which should certainly be helped by the all-pervasive
nature of the issue. Hopefully we, as members of the Executive Board, do also have a chance
to gain from being a part of this committee. Please do not hesitate to contact us regarding any
doubts that you may have.

All the Best!

Chairperson
Aashank Singh
aashankssingh@gmail.com
Vice Chairperson
Jasmine Panda
jasminepanda601@gmail.com
History of UNICEF

In 1946, the United Nations General Assembly (GA) resolved to create the United Nations
International Children’s Emergency Fund (UNICEF) through resolution 57(1). At the time of
its conception, UNICEF was created to provide assistance to children across Europe who had
been left destitute by the Second World War. Specifically, UNICEF was a temporary
emergency fund, designed to operate through 1950, and it sought to address the immediate
crises that arose from the Second World War, namely the lack of shelter and food as well as
the alarming rate of child mortality and their compromised security situation. The first
Executive Director of UNICEF, Maurice Pate, agreed to lead the organization on the
condition that it would provide relief to all children regardless of their nationality or creed,
and it is this non-partisan principle that has continued to form part of the foundation of the
organization and seen UNICEF achieve what it has. As such, based on its initial success,
when the time came in 1950 for the UN to shut down this fund, Member States and UNICEF
leadership pleaded for it to remain. Having seen its relevance in a disaster stricken
community, and the potential it had to improve children’s lives across countries and over
generations, the General Assembly in 1953 resolved to shift it from being an Emergency
Fund to being a permanent Specialized Agency in terms of sections 57 and 63 of the Charter
of the United Nations (1945).

UNICEF is mandated by the United Nations General Assembly to advocate for the protection
of children's rights, to help meet their basic needs and to expand their opportunities to reach
their full potential. UNICEF is guided by the Convention on the Rights of the Child and
strives to establish children's rights as enduring ethical principles and international standards
of behaviour towards children. UNICEF insists that the survival, protection and development
of children are universal development imperatives that are integral to human progress.
UNICEF mobilizes political will and material resources to help countries, particularly
developing countries, ensure a "first call for children" and to build their capacity to form
appropriate policies and deliver services for children and their families. UNICEF is
committed to ensuring special protection for the most disadvantaged children – victims of
war, disasters, extreme poverty, all forms of violence and exploitation, and those with
disabilities. UNICEF responds in emergencies to protect the rights of children. In
coordination with United Nations partners and humanitarian agencies, UNICEF makes its
unique facilities for rapid response available to its partners to relieve the suffering of children
and those who provide their care. UNICEF is non-partisan and its cooperation is free of
discrimination. In everything it does, the most disadvantaged children and the countries in
greatest need have priority. UNICEF aims, through its country programmes, to promote the
equal rights of women and girls and to support their full participation in the political, social
and economic development of their communities. UNICEF works with all its partners
towards the attainment of the sustainable human development goals adopted by the world
community and the realization of the vision of peace and social progress enshrined in the
Charter of the United Nations.

Mandate of UNICEF

UNICEF is mandated by the United Nation General assembly to advocate for the protection
of children's rights, to help meet their basic needs and to expand their opportunities to reach
their full potential.

UNICEF has a mandate to safeguard the rights of all children, everywhere. That mandate is
rooted in the 1989 Convention on the Rights of the Child (CRC), which sets out universal and
indivisible rights that apply to every child, and the Sustainable Development Goals (SDGs)
adopted by world leaders in 2015, which apply to every country.

The UNICEF guide by the CRC ( Convection on the rights of the child)

The CRC is guided by four fundamental principles that apply to every child.
● Non-discrimination (Article 2).
● The best interests of the child (Article 3).
● Survival, development and protection (Article 6).
● Participation (Article 12).
The Convention on the Rights of the Child (CRC) is the most universally accepted human
rights instrument, ratified by every country in the world except one. The Convention
incorporates the full range of human rights - civil, political, economic, social and cultural
rights - of children into one single document. The Convention was adopted by the UN
General Assembly on 20 November 1989 and entered into force in September 1990.
Its aim is ensure that children grow up in a spirit of peace, dignity, tolerance, freedom,
equality and solidarity

The Convention outlines in 41 articles the human rights to be respected and protected for
every child under the age of eighteen years.

The Convention applies to every child without discrimination, whatever their ethnicity, sex,
religion, language, abilities or any other status, whatever they think or say, whatever their
family background. The best interests of the child must be a top priority in all decisions and
actions that affect children.

Optional Protocols

There are three agreements, called Optional Protocols, that strengthen the Convention and
add further unique rights for children. They are optional because governments that ratify the
Convention can decide whether or not to sign up to these Optional Protocols. They are: the
Optional Protocol on the sale of children, child prostitution and child pornography, the
Optional Protocol on the involvement of children in armed conflict and the Optional Protocol
on a complaints mechanism for children (called Communications Procedure)

Other Relevant International Frameworks

● The Hague Convention on Protection of Children and Co-operation in Respect of


Intercountry Adoption (1993)
● The Paris Principles and Guidelines on Children Associated with Armed Forces or
Armed Groups (2007)
● The Sustainable Development Goals (SDGs)
● The Global Partnership to End Violence Against Children
Agenda: Anaylzying every childs right to Identity with special
regards to the birth registration system.

Understanding Children’s Right to Identity

From birth, each individual has the right to have an identity. The identity of an individual is
the assertion of his or her existence in a society. It is also a matter of recognition of their
individuality and what differentiates them from their peers.

The right for each child to have an identity

Having an identity is a fundamental human right which allows each individual the ability to
enjoy all of their rights.

Identity encompasses the family name, the surname, date of birth, gender and nationality of
the individual. Through these details, an individual will hold rights and obligations specific to
their status (woman, man, child, handicapped, refugee, etc.).

The right to a name and a surname

From birth, each individual has the right to have a name and a surname. Parents have the duty
to declare the name, the surname and date of birth of a new born to authorities in charge.

By recording this birth, the State officially recognizes the existence of the child and
formalizes their status in the eyes of the law. In addition, through this name and recording on
the Registration of Births and Deaths, the child will be able to establish filiations, it is to say
links of blood relations linking him to his father and mother.

Right to a nationality

From birth, the child also has the right to a nationality.

Nationality can be obtained in two different ways:

• Jus sanguinis (By blood) : the child will have the same nationality as his parents.
• Jus soli (By birth) : The child will have the nationality of the territory on which he was
born, even if his parents have a different nationality.

Nationality is confirmed through the issuing of a birth certificate. It is an important aspect of


a person’s life, for it is an attribute of citizenship. Nationality allows establishment of the
affiliation for an individual to a nation.

Identity integrates any child into a society

Identity allows any child to benefit from essential social services

Recording the birth of a child and the attribution of their nationality provides them with
judicial capacities. This means that, just like any other individual, they will be officially
recognized as a member of society and will hold its rights and obligations.

Thus, they will be granted access to different services that they need to construct their life
and their future. Notably, they will be able to access healthcare adapted to their age and
health status. The child will be able to go to school as well as integrating into a class of their
level.

Identity provides a judicial protection adapted to each child

This identity will also allow them to benefit from judicial protection via their parents and the
State. They will then be able to benefit from minors’ protection programs of the country that
will especially protect them from several forms of maltreatment and exploitation.

Furthermore, the delinquent child will benefit from the program of minors’ sentences, which
is a program adapted to their age, their maturity and their awareness. Thus, they will not face
specific sentences, judged too cruel or disproportionate for their age (for instance: the death
penalty).

Conversely, a child without an identity will be invisible in eyes of society and will not benefit
from protection and social services essential to their development.
What is the need for children's right to identity.

Society often tends to see the child as property of the state or parents, to be moulded in
another’s image. Our recognitionof the child as an individual, whose authentic identity is
worthy of respect, is meant to reaffirm our commitment to their unique humanness and
counteracts such a tendency. One may doubt whether such commitment needs reaffirmation
in an era in which from the perspective of international law – children are seen as eligible for
human rights. However, it is suggested here that law is only gradually moving away from
serving those in positions of political and economic power as opposed to others, such as
children and ethnic minorities, to universally safeguarding humane treatment and human
rights for all.

Keeping the above in mind the following are ther reasoning for childrens rights to identity.

Protection and Safety

● Prevention of exploitation: A registered birth provides legal proof of age, making it


harder for children to be trafficked, forced into labor, or subjected to child marriage.
● Access to justice: Having an identity allows children to report abuse, violence, or
other crimes and receive legal protection.

Access to Essential Services

● Education: A birth certificate is often required for school enrollment, ensuring


children have access to learning opportunities.
● Healthcare: Identity is necessary for receiving vaccinations, medical treatment, and
other essential healthcare services.
● Social welfare: Government programs like food assistance, housing, and child
benefits often require proof of identity.

Development and Empowerment

● Sense of belonging: Knowing one's name, nationality, and family fosters a sense of
identity and belonging.
● Future opportunities: A legal identity opens doors to employment, citizenship, and
participation in civic life.
● Human dignity: Recognizing and respecting a child's identity affirms their inherent
worth and value.

Understanding the birth registration system.

All people have a right to birth registration. It is a fundamental right, recognized by article
24, paragraph 2 of the International Covenant on Civil and Political Rights and article 7
of the Convention on the Rights of the Child. The fulfilment of the right to be registered at
birth is closely linked to the realization of many other rights; socio-economic rights, such as
the right to health and the right to education, are at particular risk where birth registration is
not systematically carried out, and the protection of children is jeopardized.

Society first acknowledges a child’s existence and identity through birth registration. The
right to be recognized as a person before the law is a critical step in ensuring lifelong
protection and is a prerequisite for exercising all other rights. Yet the births of one fourth of
children under age 5 worldwide have never been officially recorded. A dedicated target
(16.9) under Goal 16 of the SDGs aims to provide legal identity for all, including birth
registration, by 2030. Functioning civil registration systems are the main vehicles through
which a legal identity for all – and target 16.9 – can be achieved. Such systems produce vital
statistics, including those on birth registration, which are foundational for achieving sustained
human and economic development. While most countries have mechanisms in place for
registering births, systematic recording remains a serious challenge, highlighting the urgent
need to improve and strengthen civil registration and vital statistics.

By providing all children with proof of legal identity from day one, their rights can be
protected and universal access to social services can be enabled. If we are to fulfil our
promise to leave no one behind, we must ensure that every child is registered at birth and
receives a passport to lifelong protection – a birth certificate.

Barriers and disparities in Birth registration


Families often face steep barriers to birth registration, including long distances to the nearest
registration facility, lack of knowledge about how to register a child, and high fees required
for registering a birth or obtaining a birth certificate. Moreover, traditional customs and
practices may not encourage or emphasize formal birth registration processes. And
institutional procedures sometimes treat children from certain ethnic or religious groups
differently, or impose restrictions – whether formally by law or informally in practice – on a
mother’s ability to register her child without the father’s involvement. Such barriers result in
disparities in birth registration levels among children of different social, economic and
cultural backgrounds.

1. Lack of knowledge about the registration process continues to be an obstacle in many


places. In half of 45 countries with available data, a majority of mothers/caregivers of
unregistered children lack knowledge of how to register a child’s birth. In the other
half of countries, most mothers/caregivers seem aware of the birth registration
process, suggesting other barriers to registration.
2. Disparities in birth registration based on a mother’s education are evident. Globally,
about 80 per cent of children under age 5 whose mothers have at least a secondary
education have their births registered compared to just 60 per cent of children whose
mothers have no education.
3. In some countries, children from marginalized groups may face higher barriers to
registration. These barriers can result from living in remote areas or among
communities that frequently move, making access to birth registration services more
difficult. Children of parents who migrate or are refugees can be particularly
vulnerable to statelessness since, without birth registration, they cannot prove their
nationality or legal identity. In addition, traditional customs or practices may
discourage formal birth registration processes. In Montenegro and Serbia, for
example, birth registration levels among Roma infants under age 1 are lower than
national averages (90 per cent versus 98 per cent in both countries).
4. In no region are significant differences found in the prevalence of birth registration
between boys and girls. Gender parity in birth registration has been achieved in
practically all countries with available data. However, gender inequality might still
impact registration. For example, in some countries, single mothers, mothers who
have not registered their marriage, or mothers without a marriage certificate (as in
cases where children are born of religious, customary or polygamous marriages), may
not be allowed to register the birth of their children.
5. Some countries impose fees to register a child and/or obtain a birth certificate. Around
65 million unregistered children under age 5 live in sub-Saharan African countries
where there are fees associated with birth registration. Birth registration is free by law
in all South Asian countries, except the Maldives. However, every country in the
region, with the exception of Afghanistan, has fees associated with birth registration,
which typically reflect fines for late registration.
6. Children from the poorest households are less likely than their richest counterparts to
have their births registered. Even in countries where birth registration is free by law,
there are often opportunity costs, including those related to travel, that are difficult to
measure but can directly affect registration levels. Globally, children from the poorest
20 per cent of households are one-quarter less likely to have their births registered
than their richest counterparts. This gap is especially pronounced in some regions. In
sub-Saharan Africa, children in the poorest quintile are less than half as likely to have
their births registered than those in the richest quintile. In South Asia, 86 per cent of
children under age 5 from the richest quintile have their births registered compared to
53 per cent of those from the poorest quintile.
7. Globally, children living in urban areas are around 30 per cent more likely to be
registered than their rural counterparts. An analysis of 70 countries (about one third of
which are lowincome countries) shows that urban populations of children fare better
in terms of birth registration in about 80 per cent of countries.26 Targeted campaigns
in rural areas aimed at boosting levels of birth registration may partly explain why a
clear urban advantage is not systematically seen across all countries.
8. However, not all urban children benefit equally, since the advantage for urban
children is strongly associated with household wealth. In nearly half of the 70
countries analysed, children from households in the richest urban quintile are more
likely to have their births registered than those from households in the poorest urban
quintile.27 This suggests that the indirect costs of registration must also be addressed
by bringing service points closer to communities and using innovative solutions such
as technology and mobile services to reduce travel costs and time away from
employment to register children. This is especially pertinent in countries where the
civil registry is centralized, and district offices are some distance from communities.
Some proposed solution by UNICEF
Every birth should be recorded, and every child should be recognized before the law. Only
then can societies worldwide be truly inclusive and equitable. By providing all children with
proof of legal identity from day one, their rights can be protected and universal access to
social services can be enabled. If we are to fulfil our promise to leave no one behind, we must
ensure that every child is registered at birth and receives a passport to lifelong protection – a
birth certificate.

1. Provide every child with a certificate upon birth All children should be registered at
birth – regardless of gender, ethnicity, religion and/or status – through universal,
accessible systems. Laws and policies must be reviewed and revised to ensure that
every child subsequently receives and can use his or her birth certificate. UNICEF
calls for every child to receive a birth certificate – proof of his or her legal identity –
following birth registration. And for governments to cover the costs of civil
registration systems and ensure those services are accessible and confidential. Parents
should not be prevented from registering their children due to financial barriers, such
as late fees or other additional costs.
2. Empower all parents, regardless of gender, to register their children at birth All
mothers should be empowered to pass on their nationality to their children on an equal
basis as men, regardless of marital status. By eliminating gender discrimination in
nationality laws and policies, we can combat further marginalization of the most
vulnerable. UNICEF calls for every child to be legally registered by either parent to
protect his or her right to acquire a nationality at birth. This will help to avoid the risk
of statelessness, preserve family unity and guarantee access to education, health care
and other social services throughout life.
3. Link birth registration to social services Linking civil registration to other systems –
including identity, health, social protection and education – increases the chances that
unregistered children will be identified and thus serves as an entry point for
registration. Increases in birth registration coverage can, in turn, facilitate children’s
access to social services throughout their lives. It also provides governments with a
more accurate count of the population, which is essential for planning and
implementing development policies and programmes, particularly in health,
education, housing, water and sanitation, employment, agriculture and industrial
production. UNICEF calls for a coordinated, cost-effective and cohesive approach to
connect all systems to ensure that no child is left unregistered and deprived of the
opportunity to access social services.
4. Invest in safe and innovative technological solutions to facilitate birth registration
Technology can be used to obtain timely, accurate and permanent records. For
example, the use of mobile communications technologies, including cell phones, can
help reach unregistered children by minimizing the distance and related travel costs
for remote populations. It is essential, however, that all data and information collected
through identity and registration systems – both digitized and traditional – must be
kept confidential to protect children and their families. UNICEF calls for more
innovative solutions, including technology and mobile services, to increase access to,
and quality of, birth registration services.
5. Engage communities to demand birth registration for every child Demand from local
communities is a critical catalyst for governments to take action. To create effective,
sustainable change, community members – particularly parents and community
leaders – must understand how and why birth registration benefits their families. Only
then will behaviours and social norms begin to change. UNICEF calls for increased
community engagement to build that buy-in and, in turn, increase incentives to
establish and expand birth registration systems.

Relationship between Birth Registration and CHildrens right to


Indetiy

Birth Registration: The Cornerstone of a Child's Right to Identity

Birth registration, a seemingly simple administrative process, is in reality a foundational


pillar in the architecture of a child's identity. It is the first official acknowledgment of a
child's existence, marking the commencement of their legal journey.

Identity: A Multifaceted Construct


Identity is a complex tapestry woven from threads of self-perception, social recognition, and
legal status. It is the bedrock upon which individuals construct their lives, relationships, and
societal roles. For children, identity is particularly formative, shaping their worldview, self-
esteem, and future aspirations.

Birth Registration as Identity Foundation

Birth registration is the inaugural step in establishing a child's legal identity. It provides the
child with a name, a date of birth, and a place of birth – fundamental attributes that serve as
the building blocks of their legal personhood.

● Legal Personhood: Through birth registration, a child transitions from a biological


entity to a legal person, entitled to the rights and protections afforded by law. It is the
formal recognition of their existence within the legal framework.
● Proof of Age: A birth certificate is the primary document verifying a child's age. This
is indispensable for safeguarding children from exploitation, such as child labor, early
marriage, and recruitment into armed forces.
● Access to Rights and Services: Birth registration is often a prerequisite for accessing
essential services like healthcare, education, and social protection. It enables
governments to track child populations, identify vulnerable groups, and tailor
interventions accordingly.
● Nationality and Citizenship: In many countries, birth registration is intrinsically
linked to the acquisition of nationality and citizenship. This is crucial for preventing
statelessness, a condition that severely curtails a child's rights and opportunities.
● Family Ties: Birth registration establishes a legal bond between a child and their
parents, forming the basis of family relationships. It provides evidence of parentage,
essential for matters such as inheritance, custody, and child support.

In essence, birth registration is more than a mere administrative formality; it is the


cornerstone upon which a child's identity is constructed. It is the first step in a lifelong
journey of self-discovery and societal participation. By providing a legal framework for a
child's existence, birth registration empowers them to claim their rightful place in the world.

Would you like to explore the implications of birth registration on specific aspects of a child's
life, such as education or healthcare?
Points to ponder

1. How does a countries national law plays a role in the childrens right to identy?
2. Difference in the national process of birth registration and is there a need for a
national framework?
3. Role of NGOs and local bodies to improve the situation at grassroot level.
4. What all falls under the ambit of children right to identity?
5. How can modern technology and post coivd learning be used for better results.
6. What kind of realignment is required to the SDG’s by 2030.

Additional Reading links


1. https://www.unicef.org/media/62981/file/Birth-registration-for-every-child-by-2030.pdf
2. https://unicef.org/child-rights-convention/convention-text-childrens-
version#:~:text=Identity,quickly%20get%20their%20identity%20back.
3. https://www.cypcs.org.uk/rights/uncrc/articles/article-8/
4. https://www.amnesty.org/en/what-we-do/child-rights/
5. https://economist.com/open-future/2019/11/19/give-every-child-a-legal-identity
6. https://www.thedailystar.net/opinion/human-rights/news/domestic-violence-still-
formidable-challenge-1795996
7.

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