Legal identity
It is common for trafficked children to be without identity documents. This may be because they have been taken by the abuser, or because they have never been in possession of any documents and do not legally exist on paper.
Birth registration
Children around the world are not registered at birth for various reasons including lack of awareness of the importance of registration, the cost, and geographical, political and social barriers to registration. Without legal identity children may be 'invisible' to the state which may lead to many problems when trying to support them.
Proof of existence
Without proof of existence, the authorities may be unwilling to trace children, and, if identified in another country without proof of identification, this will lead to further complications and difficulties for the child. Without the correct legal documents stating the child's age, his/her status as a child may be questioned. If an age assessment deems the child to be older s/he may miss out on a child's right to special protection and assistance. In addition, in some cases the child's country of origin itself may be challenged and this could impact on residency and asylum claims as well as tracing and repatriation efforts.
Fake documents
For children who do have identity documents, these may be replaced with fake papers which state the child is over 18. Possession of forged documents may lead to children being wrongly prosecuted.
A number of children will require new documents so that they can return home or apply for residency status or asylum. Children may also need papers in order to access basic services such as health and education. Children should be supported by service providers to acquire the necessary legal documentation.
Key texts:
- Count every child: the right to birth registration: Claire Cody for Plan International, 2009
- When is a child not a child? Asylum, age disputes and the process of age assessment - Summary: Heaven Crawley for the Immigration Law Practitioners' Association, 2007
- Birth registration: An essential first step toward ensuring the rights of all children: Jonathan Todres in Human Rights Brief, 2003
- The importance of realizing 'other rights' to prevent sex trafficking: Jonathan Todres in the Cardozo Journal of Law and Gender, 2006
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