Validity Contributes to ACERWC Special Rapporteur’s forthcoming Guidance Note to State parties to the African Charter on the Rights and Welfare of the Child. 

On 10 June 2025, Validity submitted a written submission to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in response to the Call for Submissions by ACERWC Special Rapporteur on Birth Registration, Name and Nationality in Africa. The submission highlights key challenges and opportunities related to the digitalisation of birth registration across Africa, with a particular focus on its implications for the realisation of children’s rights, particularly, children with intellectual disabilities. 

We highlighted in the submission the significant barriers faced by children with intellectual disabilities in birth registration processes, including, stigma and discrimination at the community and family level, exclusion from civil registration systems due to institutionalisation and the lack of early detection and support services, emphasising that without registration at birth, children with intellectual disabilities are effectively denied legal personhood, leaving them invisible and vulnerable. Across many African countries, the invisibility of children with disabilities is deepened by a widespread yet often overlooked practice, the deliberate hiding of their births by families, driven by fear, stigma, and deep-rooted cultural beliefs. This practice reinforces their exclusion from civil registration systems and denies them access to legal identity and essential social protections. 

We have brought to the attention of the Special Rapporteur the landmark case of   Perez Mwase v Attorney General & Another which illustrates how systemic denial of legal recognition and support services violates core rights under the UN Convention on the Rights of Persons with Disabilities, United Nations Convention on the Rights of the Child, and African Charter on the Rights and Welfare of the Child. This case, which was brought to the attention of Validity in 2016,  underscores the urgent need to address these systemic failures, as Perez was denied access to essential developmental and protective services in the community, despite persistent efforts by his family. The litigation revealed a broader pattern of exclusion facing children with autism across Uganda. Due to the absence of early detection mechanisms and a lack of inclusive, community-based services, these children are frequently neglected and secluded. 

The submission also draws attention to the 2024 Concluding Observations on Burkina Faso by the CRPD Committee and the UN Committee on the Rights of the Child review of Togo in 2012, both of which highlight weak civil registration systems and the disproportionate impact on children with disabilities. 

On digitalisation, Validity recognises key opportunities: 

• Integrated databases can support early detection and planning for inclusive services including inclusive education and necessary supports; 

• Disaggregated data collection can enhance visibility and inclusion of children with intellectual disabilities. 

However, digitalisation raises serious concerns about: 

• The digital divide affecting poor and rural families; 

• Inaccessible system designs that are rarely translated into easy read formats; 

• Lack of disability-disaggregated data; 

• Risks of misuse of data to further profile and institutionalise children. 

Finally, we called upon on the Special Rapporteur and ACERWC to adopt a disability-inclusive framework for digital birth registration, ensuring: 

• Accessibility in line with universal design; 

• Meaningful participation of organisations representing children with disabilities; 

• Recognition of personhood from birth which guarantees persons with disabilities’ legal capacity; 

• Collection of high-quality standard disaggregated data. 

In conclusion, Validity emphasised that every child must be seen, registered, and respected equally, and that digital birth registration systems be designed to promote inclusion, not deepen exclusion. We urged the Committee to explicitly call upon States to ensure that digitalisation efforts fully comply with international and regional human rights standards, preventing the marginalisation or institutionalisation of children with disabilities.