A Theoretical Assessment of the Nexus between Universal Child Legal Identity and Universal Principles of Child Protection: A Case Study of Emirates ID

Abstract

The legal identity of an individual permeates every aspect of human life. It acts as proof of existence, confirms one’s nationality, and enables one to carry out daily life. It further formalizes the relationship between an individual and the state. Despite its significance, legal identity has no definition in law and is often conflated with identification documents. A child’s legal identity stems from his or her foundational birth certification. Taking this first step toward legal recognition is critical to assuring their legal protection. Conversely, failure to obtain nationality and a lack of legal identity have profound implications for children’s security and safety. This study reviews scholarly sources to establish theories, debates, and contentions that surround legal identity with respect to children. It generates and tests a novel set of criteria that can inform the typology of legal identity that best intersects with the universal principles of child protection. The criteria are: universality, continuity, confidentiality, provisional identity, timely, security, transparency, independently monitored and human rights based. It rejects criteria that are often cited in practice but which derogate from human rights, namely: compulsory enforcement, permanence, and interoperability. Finally, the study investigates the application and nuances of child legal identity and the typology criteria in a case study of the United Arab Emirates’ ID system. The study recommends areas for further research while offering suggestions to resolve gaps in international law with respect to legal identity.