Good Practice:

The Right to Protection (R2P)

In Ukraine, a birth certificate is required for obtaining a national passport. However, individuals who do not have identity documents face obstacles in the registration of their birth and birth of their children.

The participants of the event discussing the obstacles in birth registration of children who’s parents have no identity documents

Roundtable: “Overcoming obstacles in obtaining identification and documents on birth for persons at risk of stateless persons in Ukraine” that was held on 20/12/2017, Kyiv, Ukraine, photo credit Dmitriy Pletchko.

Ukraine does not have a statelessness determination procedure. Therefore, many stateless individuals reside in the territory of Ukraine without any identity documents and their children are often born stateless.

Women without identity documents used to face refusal from the civil registry office in registering the births of their children, which in turn caused these children to have restricted access to social services.  

Under Ukrainian legislation, it is prescribed that in cases where it is not possible to establish the place of residence of a child’s parent, a record of the mother and father of the child should be made upon application by relatives or other persons.  Mothers without identity documents can be considered as a parent whose place of residence is not established and therefore other relatives of the child or the third person can initiate the procedure of birth registration.

Even though this norm might have been a solution for the children of undocumented parents, in practice, civil registry offices did not take into account this article for the registration of children of undocumented parents.

After receiving information of the numerous cases of children of undocumented parents unable to obtain birth certificates, R2P conducted a Roundtable with the respective state authorities at the end of 2017. Consequently, the Ministry of Justice clarified for its civil registry offices that the children of undocumented parents are entitled to be registered under the legislation described above.

After the above intervention, no cases when civil registry offices refused to register the birth of the child of undocumented parents were recorded in the regions of Ukraine where R2P provides legal aid to the stateless population.

More information

The web-link on the official website of Ukrainian Parliament Commissioner for Human Rights: http://www.ombudsman.gov.ua/ua/all-news/pr/201217-nn-aksana-filipishina-mi-povinni-usvidomlyuvati-scho-koli-lyudina-ne-doku/

The information on the indicated above webpage is available only in Ukrainian.

Location

Ukraine

Organization

CF “The Right to Protection” (R2P)

Website

http://r2p.org.ua/en/

Objective(s) being furthered:

  • Improve birth registration to prevent statelessness

 

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