Mother to Child: How Discrimination Prevents Women Registering the Birth of their Child

The registration of births is an important source of demographic information. Furthermore, birth registration is the first legal acknowledgement of a child’s existence, and can hold major social implications. For example, access to health and education services may be dependent on proof of identity and proof of age can help protect against child marriage, child labour and other social injustices.Despite this, only half of children under five are registered in developing countries (excluding China). Moreover, the highest percentage of unregistered children under five are in sub-Saharan Africa (66%).This study was commissioned by Plan International to examine gender discrimination in relation to a woman registering the birth or passing on her nationality to her child. It focused on the contexts of Latin America and the Caribbean, Asia, East Africa and West Africa.Data was collected using a desk-based review of national legislation and country reports, as well as a short survey completed by respondents in each country.Overall, 27 of the 35 countries reviewed reported discriminatory social/cultural factors as a barrier to birth registration by single women.MamaYe countries featured in the report:Sierra LeoneIn Sierra Leone, the birth of a child cannot be registered if the child is born to unmarried parents and is not acknowledged by the father. Interestingly, responsibility for registering births primarily lies with health professionals from the facility where the baby was delivered (assuming a facility-based birth). On the other hand, unlike some other countries, lack of birth registration in Sierra Leone does not equate to statelessness. The authors of the study concluded that gender discrimination does exist in relation to birth registration and passing on national identity to a child. This was found particularly in practice if not always in law.GhanaBabies born to unmarried parents in Ghana can only be registered with the father's name at the joint request of both parents. Ghanaian law features the right to a name and identity. This report found no evidence of direct gender discrimination that would affect the ability of a woman to register her child, however it did find there were other factors contributing to the low level of registration, specifically ‘ignorance’. No gender discrimination was found in the woman's ability to pass on her nationality to her child. Althought no respondents in this research stated that gender was a barrier to birth registration, the authors point out that respondents did mention lack of awareness, poverty and stigma against unmarried mothers. In light of this they suggest that gender discrimination is 'a probably cause of such practices'MalawiThe report found that Malawi does not have laws that overtly discriminate against a woman by not allowing her to register the birth of her child. However, in practice, discriminatory attitudes were identified and evidence was found explicitly linking discrimination with the low rates of birth registration. Regarding the ability of a woman to pass on her nationality the picture is mixed in Malawi. The CEDAW report of 2010 found a contradiction between the Constitution and the Citizenship Act which could prevent women (and not men) from passing on her nationality to her children. TanzaniaTanzania has no legal provisions which prevent a woman from registering the birth of her child. For the father's name to be registered, there must be acknowledgement of paternity by the father and this can be done by acknowledgement of the father alone rather than jointly by both parents. Tanzania provides for the right of a child to a name and nationality. Discriminatory attitudes were identified, however no evidence explicitly linking discrimination with the low rates of birth registration was found.To read the report for free, click here.Plan & UHI Centre for Rural Childhood. (2012). Mother to Child: How Discrimination Prevents Women Registering the Birth of their Child. Perth: UHI Centre for Rural Childhood.