Universal Children's Day 2018
20 November 2018
20 November is commemorated by the United Nations (UN) as Universal Children’s Day to promote international togetherness, awareness among children worldwide and to improve children’s welfare across the globe. It is also the date in 1989 when the UN General Assembly adopted the Convention on the Rights of the Child (CRC). Children face a plethora of challenges, including navigating life in conflict-ridden areas, which directly affects their access to fundamental human rights such as shelter, basic healthcare and human dignity. Because children are dependent by nature, their right to family life as articulated in many international instruments is also violated due to conflict. Aside from conflict, the global migration crisis has also led to millions of families being displaced, including children.
Universal Children’s Day is hence the perfect time to reflect on the rights of children born in countries other than those of their parents, and the status of their rights in those spaces.
South Africa extends multiple protections to children, including vulnerable ones. Section 28 of the Constitution guarantees all children the right to a name and nationality from birth, as well as to have the best interests of the child considered as paramount in any matter concerning the child. These rights are cemented and further articulated in domestic law such as the Children’s Act,coupled with various international instruments to which South Africa is a signatory. It is therefore troubling that in October 2018, the Department of Home Affairs (DHA) published its proposed new regulations to the Births and Deaths Registration Act, whereby the registration of births of children born to foreign parents would cease. The DHA would in place of birth certificates, issue a certificate of proof of birth, which could be presented by the parents at the relevant national embassy for the application of birth certificates.
Currently, all children are issued with birth certificates at birth, regardless of the nationality of the parents. This is in line with Constitution and international law. Articles 7 and 8 of CRC oblige Member States to register children immediately after birth and state that children enjoy the right to acquire a nationality from birth. It is common knowledge that the issuing of a birth certificate does not automatically confer South African citizenship. It does however give the child an identity, a name and a nationality - that of the parent(s), all of which are key to the access of fundamental human rights for all.