The Role of Legislation in Supporting Legal Identity

The Role of Legislation in Supporting Legal Identity UN Guidelines on a Legislative Framework for Civil Registration, Vital Statistics and Identity Management

Benefits of a Strong Legal Framework Helps Achieve: ü Complete civil registration and national identity registration through: Ø Ø Ø ü Comprehensive and Timely Vital Statistics Data Ø ü Defining responsibilities of stakeholders Eliminating barriers for individuals by improving access and efficiency Creating incentives for civil registration and identity registration Improved planning and administration Legal Identity for all Ø Greater inclusion in government and private sector services for all population groups

A strong legal framework will: 3 Clearly define responsibilities, powers and functions of stakeholders Support secure, efficient management and operation of the system Provide for uniform standards and processes – while allowing flexibility to respond to change Ensure that relationships and processes among stakeholders are authorized and required Protect personal data and privacy against unauthorized access/use and loss

Legal framework for complex systems National Statistics Authority Ministry of Education Funeral, Burial, Cremation Facilities Ministry of Health Private/public health services Civil Registrar National ID Registrar Immigration Medical-Legal (Police, Coroner, ME) Emergency Services Ministry of Justice Ministry of Foreign Affairs

Sources of International Principles UN Principles and Recommendations for a Vital Statistics System, Revision 3 (2014)

Sources of International Principles UN Principles and Recommendations Companion Handbooks: q Guidelines on the Legislative Framework for Civil Registration, Vital Statistics and Identity Management q Management, Operation and Maintenance, Revision 1; q Policies and Protocols for the Release and Archiving of Individual Records; q Demand Creation

UN Guidelines on Legislative Framework Update of 1998 Handbook on Preparation of a Legal Framework for CRVS, to reflect: ü Evolution of international law and human rights ü 2014 revised principles and recommendations ü Technological advances ü Integration with national ID registration/management systems and population registers

Integrated Civil Registration, Vital Statistics and National ID Systems

Integrated Systems Support Sustainable Development Goals q SDG Target 16. 9: to establish “legal identity for all, including birth registration, by 2030. ” q “As reflected in SDG Indicator 16. 9. 1, birth registration should be the primary means for the granting of legal identity, and civil registration remains the ‘gold standard’ by which legal identity should be maintained by Member States” UN Working Group on Legal Identity, Principles of Legal Identity in the context of the 2030 Agenda for Sustainable Development, September 2018

Integrated Civil Registration, Vital Statistics and National ID Systems Civil Registration = Foundation for National ID • For those without birth registration, facilitate delayed registration. • Special procedures for immigrants, refugees, stateless, other foreigners.

Advantages of Integrated Systems Link with Birth Registration ü ü Link with Death registration ü ü Encourages birth registration Helps ensure children’s rights and services are supported Ensures legal identity is deactivated Helps prevents identity theft and fraud Complete civil registration Comprehensive Vital Statistics ü ü Supports effective planning and administration Supports the measurement of over 60 SDG indicators

Content of UN Guidelines Chapter 1 Introduction Chapter 2 Overview of CRVSID Systems Chapter 3 Human Rights and CRVSID Systems Chapter 4 Institutional Arrangements for CRVSID Systems Chapter 5 Legislative Framework Chapter 6 Other Laws and Policies that Support CRVSID systems

Chapter 5 Legislative Framework Section 1 General Provisions and Administrative Structure Section 2 Civil Registration: Birth, Death, Foetal Death, Marriage, Divorce, Corrections and Amendments, Transmission of records from local to national registrar, Fees Section 3 Identity Management: Principles, Lifecycle, and Fees Section 4 Population Register Section 5 Vital Statistics Section 6 Data Protection, Privacy and Security Section 7 Compliance, Enforcement, Rights and Remedies Section 8 Transitional Provisions

How to Use Guidelines contain: ü ü ü Best practice ≠ model legislation Country examples = starting point for discussion Chapter 5 Checklists § At end of each section § Summary of topics that policymakers should consider and address

Companion CRVSID Toolkit

CRVS Legal Toolkit 16 Ø Ø Ø Designed for attorneys with range of knowledge and experience of CRVSID systems Provides summary of international standards and guidance for analyzing laws’ compliance Designed to balance depth and ease-of-use Topic: Best Practice: . . . . Guidance: . . Analysis Questions: . . . .

Companion CRVSID Toolkit Chapter Title Reviewers 1 Purpose, scope and methodology All 2 Enabling Environment All 3 A Structure of the Civil Registration Authority Countries with Civil Registration alone 3 B Structure of Civil Registration and Identity Countries with CR and a Management Agencies National ID system 4 Registration of Birth, Death and Foetal Death All 5 Certifying Cause of Death All 6 Registration of Marriage and Divorce If applicable 7 Production of Vital Statistics All 8 National ID System If Applicable 9 Population Register If Applicable 10 Personal Privacy and Data Protection All