Article 8: Respect for identity

Convention text

1. 

The countries that have signed the Convention must respect the child’s right to preserve their identity, without unlawful interference. This includes nationality, name and family relations.

2.

If a child is deprived of part of their identity, the government must ensure that this identity is restored as quickly as possible. This is agreed by the countries that have signed the Convention.

Key point

Every child has the right to an identity.

Explanation

Identity is your personal sense of who you are, that what makes you different from others. Every child has the right to an identity. This identity includes, at the very least, the child’s name, nationality and family relations. However, identity can consist of more than these elements. If part of a child’s identity is taken away, the government must help to restore it. One example is a family name (surname). Not all countries use family names. In some countries, for example, children are given a first name together with the first name of their father or mother. If they move to the Netherlands, this means they do not have a first name and family name in the same way as is customary there. A court can then decide that they are given a family name. Another example is children who are not officially recognised. This can happen if parents have not registered their child because they are not lawfully residing in the Netherlands. In such cases, the child is stateless, meaning that they do not belong to any country. The government is then required to help the child restore their identity and obtain a nationality.

More information

General Comment No. 7 on the Convention provides more information on children’s rights in early childhood.