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Standard Operating Procedures: Determining the Legal Identity of Migrants Without Proof of Legal Identity

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Global migration has increased in absolute terms over recent decades, with over 281 million international migrants worldwide as of 2020.1 Many migrants cross borders without proof of legal identity documents, leaving them particularly vulnerable to human rights violations, including discrimination, and restricted access to essential services, such as health care, education and legal protection. A lack of legal identity can also limit access to regular pathways for migration, complicating migrants’ situation in origin, transit, or destination countries.

A broad range of international law instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Convention on the Rights of Persons with Disabilities (CRPD), recognize the right to legal identity. Legal identity is also emphasized in international frameworks such as the Sustainable development Goals (SDG), particularly Goal 16.9, which aims to provide legal identity for all, including birth registration, by 2030. The Global Compact for Migration (GCM) Objective 4 emphasizes the importance of ensuring that all migrants have proof of legal identity and adequate documentation. These instruments call on States to respect, protect, and fulfill the rights and dignity of all individuals, regardless of their documentation status, ensuring that no one is left behind.