Discriminatory gap concerning Roman children in Albania’s birth registration system

Facts

The authors, three Roma children born in Greece to Albanian parents without valid residence status, were issued incomplete Greek birth certificates that Albanian authorities refused to recognize. As a result, they could not enroll in school or access health care in Albania. They allege these registration hurdles violated their rights to immediate birth registration under article 24 (2)– (3), recognition as persons before the law under article 16, and equality under articles 26, as well as a violation of articles 17 and 25 of the Covenant.

Admissibility

The Committee confirmed that no other international procedure was examining the same matter and that the authors’ alleged violations, though beginning before the Optional Protocol entered into force, continued to produce effects afterward. With the State party neither identifying any domestic remedy nor objecting to admissibility, the Committee found no bar under article 5 (2) (b). However, it deemed the claims under articles 17 and 25 unsubstantiated and thus inadmissible. The remaining allegations, under articles 16, 24 (1)–(3), and 26, were declared admissible.

Merits

The Committee held that the State party violated the author’s rights under articles 16, 24 (1)–(3), and 26 of the Covenant. It observed that children have a right to immediate birth registration and special protection under article  24, and that birth registration is crucial to establishing an individual’s legal personality under article 16 as well as accessing basic rights, including education and healthcare. The Committee found that Albania’s legislation and practice in registering children born abroad—particularly Roma children—were insufficient and had a disparate effect on the authors, thus also contravening the prohibition on discrimination under article 26. Having received no convincing rebuttal from the State party, the Committee concluded that the authors were left in a “legal limbo,” at risk of statelessness, and unable to enjoy the full protection owed to them as minors.

Recommendations

The State party should:

• (a) ensure that the authors’ births are immediately registered in the civil registry or alternatively;
• (b) provide the author with adequate compensation; and
• (c) take all steps necessary to prevent similar violations from occurring in the future, including by ensuring that its legislation on the registration of births and the implementation thereof comply with the State party’s obligations under articles 16, 24 (1)–(3) and 26 of the Covenant.

Implementation

Deadline for implementation: 29 May 2025