women are more at risk of being left without property if they cannot register a marriage
before a partner dies.149 Previous crisis situations have been accompanied by an increase
in girls’ early marriage, linked to school closures, economic insecurity and restrictions in
movement (the impact of girls being out of school is addressed in a later section of this
publication). Civil registration is important to ensuring that only legal marriages take place
and are recognized.150
• Disruptions to birth registration during states of emergency can result in unregistered and
“invisible” children being put at heightened risk of violence and human trafficking.151 Birth
registration rates are high in the OSCE region. However, even before the COVID-19 pandemic, children in some minority populations were already at risk of being unregistered.
For instance, Roma and Sinti faced pre-existing bureaucratic and institutional barriers to
accessing birth registration.152 The suspension of birth registries or change to e-registration processes153 under emergency measures may present extra burdens to families and
could undo some of the progress made to improve birth registration of Roma and Sinti
children, for example. Over the long term, if children are without legal status, they face
difficulties accessing education and medical services, and this not only impacts their own
development but burdens the women who care for them.
Recommended actions to protect women’s rights
Shutdowns and the suspension of judicial processes during emergencies should be
accompanied by a gender analysis of the risks and obstacles that diverse groups of
women will face in accessing justice.
The classification of specific legal procedures and civil processes as “non-urgent”/“non-essential” during states of emergency should be non-discriminatory.
During emergencies, states should continue to exercise due diligence and give priority
to legal measures that protect survivors of violence, allowing them to remain at home
while removing perpetrators from the home, to the extent possible.
149
150
151
152
153
“Marriage Vows Not Always Enough in Tajikistan”, Information Warfare Research Project (IWRP) website, 3 February
2009, <https://iwpr.net/global-voices/marriage-vows-not-always-enough-tajikistan>.
In the United Kingdom, for example, the General Register Office issued guidance to suspend deathbed marriages/ civil
partnerships during the coronavirus pandemic.
UN Legal Identity Agenda Task Force, “Maintaining Civil Registration and Vital Statistics During the COVID-19 Pandemic”
op. cit., note 160.
Ibid.
See, e.g.: European Roma Rights Centre (ERRC), “Statelessness, Discrimination and Marginalisation of
Roma in the Western Balkans and Ukraine”, October 2017, <https://www.statelessness.eu/resources/
roma-belong-statelessness-discrimination-and-marginalisation>.
For example, in Georgia, birth registration can be carried out online, because e-governance systems were in place
before the COVID-19 outbreak. In contrast, in the United Kingdom, many local councils paused birth registration, which
resulted in backlogs and children being unregistered for weeks after their births.
45
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