The UN Human Rights Committee ruled Thursday that Albania violated the rights of three Roma children by failing to register their births, which left them stateless and without legal recognition. The children, born in Greece to Albanian parents, faced difficulties when their parents, lacking legal residency status, were unable to fully register their births. Due to this lack of status, the parents could not legally name their children on the birth certificates, leaving the documents incomplete.
Upon returning to Albania, the parents encountered further hurdles in registering the children, despite Article 7 of Albanian Law no. 8389, which grants nationality to children of Albanian parents. Citizenship is contingent upon registration, which was not possible in these cases, rendering the children in a state of legal limbo. As a result, the children were unable to attend school, receive medical care, or access social services.
After exhausting all local remedies, the families took their case to the UN in 2018, arguing that Albania violated their rights under the International Covenant on Civil and Political Rights (ICCPR). The committee found that Albania failed to register the births and grant citizenship, violating the children’s right to recognition before the law, the right to participate in public life, and their right to equality under the law.
The committee’s ruling, while non-binding, took into account the disproportionate impact of Albanian laws on Roma individuals, who face heightened risks of discrimination and social exclusion due to their mobility and migration status. The committee emphasized that Albania, by becoming a signatory to the ICCPR Optional Protocol, had accepted the responsibility to ensure that individuals within its jurisdiction enjoy the rights guaranteed by the covenant.
Albania has 180 days to report to the UN on the actions taken to remedy the situation and ensure compliance with the committee’s decision.
Source:
- UN News link
