Examples of impacts on women:
• Emergency measures that include the suspension of the processing of asylum claims
compromise the right to a legal determination of status, as well as interconnected human rights. Travel bans and the suspension of asylum hearings as part of emergency
measures led to a 43 per cent decline in asylum applications in the EU in March 2020.
As discussed elsewhere in this publication, other emergency measures connected with border closures have limited free movement and confined asylum seekers to reception centres and camps. The delayed processing of asylum cases
impacts women, who are often accompanied by their children and are especially vulnerable if they must remain in overcrowded reception or transit centres during lockdown periods (heightening their risk for gender-based violence, sexual harassment
and, potentially, trafficking in human beings), and those who have an undetermined legal status (which itself impacts their right to access other benefits and services, such as
healthcare, employment and education).
The right to legal recognition is central, as it expresses the core
principle that each person is a bearer of human rights under the
law. It is one of the non-derogable rights during emergencies.145
Legal identity is especially crucial during pandemics or other emergencies, as lack of documentation impacts the enjoyment of other human rights, such as the
right to property, to reside in a country, to citizenship, to vote and to access national health
care systems, humanitarian assistance and other social services. The UN Legal Identity Task
Force has stated that civil registration should be considered an “essential service” that is
mandated to continue during a pandemic. While some registration processes may be temporarily suspended, the “registration of births, deaths, foetal deaths and recording of causes
of death, should continue as a priority.”146
Right to legal
recognition
Examples of impacts on women:
• Limitations on or the suspension of civil registration processes during emergencies may
disproportionately impact women. Women are more likely than men to have “gaps in
legal identity”, which, in turn, restrict their rights to property, housing, marriage and the
registration of children’s births, as well as the right to benefits and social services.147 For
instance, prior to the COVID-19 health crisis, unregistered marriages were prevalent in rural
areas of Central Asia and, as a consequence, women faced difficulties protecting their
rights.148 It is a grim reality that men have died at a higher rate than women after contracting COVID-19. If civil registration processes are suspended under emergency measures,
145 ICCPR, op. cit., note 80, Art. 16.
146 UN Legal Identity Agenda Task Force, “Maintaining Civil Registration and Vital Statistics During the COVID-19 Pandemic”,
9 April 2020, <https://unstats.un.org/legal-identity-agenda/documents/COVID-19-Guidelines.pdf>.
147 UN Women, IDLO, UNDP, UNODC, World Bank and The Pathfinders, “Justice for Women Amidst COVID-19”, op. cit.,
note 150, p. 11.
148 OHCHR, “Rise in Unregistered Marriages in Kyrgyzstan Called ‘Worrying’”, 11 February 2015, <https://www.ohchr.
org/EN/NewsEvents/Pages/RiseinunregisteredmarriagesinKyrgyzstancalledworrying.aspx>; Odinaeva, M.,
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