The right to birth registration of foreign children in South Africa: A human rights perspective

Abstract

International law explains the significance of the right to a birth certificate,1 birth registration and what it means to be a national of a specific state.2 International law also explains how important the right to birth registration is and how it has historically been connected to the right to nationality.3 Legal scholars have over the years provided insights as to how international and national law can best address the right to birth registration.4 In South Africa the DHA does not issue birth certificates to children born to undocumented non-South Africans or documented non-South Africans with both parents holders of foreign documentation with the exception of non-South Africans with permanent residential permit.