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United Nations legal framework for civil registration, vital statistics and identity management

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Presentation by Srdjan Mrkić (UNSD) at the international conference on innovations in Civil Registration and Vital Statistics (CRVS) systems - Ottawa on 27-28 February 2018. See more at http://crvsinnovations.net

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United Nations legal framework for civil registration, vital statistics and identity management

  1. 1. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Civil Registration Process: Place, Time, Cost, Late Registration Brisbane Accord Group with Panel session 6. United Nations legal framework for civil registration, vital statistics and identity management Srdjan Mrkić United Nations Statistics Division Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27 - 28 February 2018
  2. 2. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Legal Framework  Constitution  Highest law of the land  Major concepts such as individual rights, citizenship …  Generic in character  Law(s)  Derived from the Constitution  Substantive as well as procedural provisions  Some laws are more substantive than others (Family Law, Criminal Law)  Others are more procedural (Law on Criminal Justice Procedure, Civil Registration Law)  Regulation(s)  Derived from laws  Procedural provisions  Easier to enact
  3. 3. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Legal Framework – civil registration  Principles of civil registration legislation  Principle of legality – civil registration reflects reality, i.e. the events that occurred, once registered, become legally valid  Protecting interest of the individual – providing ready access to the service, full information on procedure and outcomes, ensuring confidentiality and privacy of individual information, easy retrieval  Principle of official status – the law must give the registration agency the power and authority to promote registration; update or correct entries in the register; ensure the integrity of the civil registration system  Compulsoriness of registration – the law has to spell out the obligation to register; to outline that entries in the civil registration constitute the only official and legal proof of civil status  Simplification of the service  Free service
  4. 4. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Legal Framework – components  General provisions  Definitions of vital events  Compulsoriness of registration  Collection of statistical items  Confidentiality  Privacy  Access and safekeeping  Storage and preservation of records  Civil registration infrastructure  Agency in charge of registration  Chief registrar – authority, responsibilities  Local registrar – authority, responsibilities  Registration units, notifiers, informants
  5. 5. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Legal Framework – components  Proof of registration  Authorizing officials to issue documents certifying the facts of registration  Statistical reports  Specify the agency where statistical forms need to be sent  Deadlines for submitting statistical forms  Cooperation and division of labor  Inspection and penalties  Oversight procedures and authority  Penalties  Funding  Designates source of funding  Funding procedures
  6. 6. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Legal Framework – components  Protocols for transferring data to the population register/ID management  Ensuring confidentiality  Security procedures  Authorization  Access to records  Deadlines and frequency
  7. 7. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Legal Framework – identity management  Usually a separate law/regulation  Agency tasked with managing identities  Authorization to collect biometrics (age, kind of biometrics…)  Protocols for data sharing  Security procedures  Confidentiality and privacy  Access to records  Frequency of issuing/extending identity document  Document content
  8. 8. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018  Legal framework does not stop at the national level  Since its inception, United Nations focusses on establishing, promoting and implementing human rights  In the context, United Nations emphasizes that the role played by civil registration in proving and establishing, implementing and realizing many of the human rights embodied in international declarations and conventions is one of its most important contributions to the functioning of contemporary societies Human rights
  9. 9. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018  Human rights in the context of civil registration are spelled in  Universal Declaration of Human Rights, 1948  Declaration of the Rights of the Child, 1959  International Covenant on Civil and Political Rights, 1966  International Covenant on Economic, Social and Cultural Rights, 1966  Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1962  International Convention on the Elimination of all Forms of Racial Discrimination, 1965  Declaration on the Elimination of Discrimination against Women, 1967  Convention on the Elimination of All Forms of Discrimination against Women, 1979  Convention on the Rights of the Child, 1990 Human rights legislation
  10. 10. Harnessing the Power: Civil Registration and Vital Statistics Systems for 2030 Global Agenda Ottawa, Canada, 27-28 February 2018 Concluding remarks  Therefore, civil registration is crucial in enabling the exercise of basic human rights as civil registration is  Universal  Continuous and permanent  Compulsory  Confidential recording of the occurrence of vital events, their characteristics and the characteristics of the persons concerned, in accordance with the provisions of the law and regulations of the country and the international human rights conventions. These records, issued by the government, have legal value and can be used as proof of the occurrence in any court of law

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