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About Children's Rights 8. Identity

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  1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
  2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Paragraph 1

Paragraph 1 sets out the right to the preservation of identity-related matters. The elements of his or her identity, as stated in the article, include nationality, name and family relations. Nationality is reiterated in this article because, as stated in the page of article 7, stateless children often suffer disadvantages and harm due to a lack of respect for their basic human rights. “Name” is also specified because, similarly to “nationality”, it is information of great importance to the child. “The right to know and be cared for by his or her parents as far as possible” in Article 7 is retained, and based on the importance of the environment in which the child is cared for and the relationships between the child and his or her “family,” not only the “parents,” this article provides that the child has the right to know and be aware of the relationship between the child and his or her “family.” “Family” includes, for example, “siblings,” “grandparents” and “aunts and uncles”. It is no exaggeration to say that all characteristic information about the child himself or herself falls under elements of his or her identity other than those referred to above.

身元関係事項について説明した図

Paragraph 2

It states that if the child is unlawfully deprived of elements of his or her identity, the State should provide assistance and protection as quickly as possible in order to restore those elements. “Appropriate assistance” here refers, for example, to the following.

“Make every effort to locate relatives with whom the child has no place to go”
“Provide information on missing children to the media and press so that parents and children can be reunited”
“Ensure that every change in a child's name, nationality, family relationships, etc., is recorded in the official records of government agencies” etc.

In contrast, unlawful deprivation of the elements of his or her identity includes the following.

“Forcibly separating children from their families, including their parents, without any reason”
“implementing assimilation policies”

etc.

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