Article 8 of the Convention on the Rights of the Child: Identity

Article 8 of the United Nations Convention on the Rights of the Child protects every child’s right to preserve their identity. This includes their name, nationality, and legally recognized family relations, and it requires that these elements be safeguarded without unlawful interference. If a child is deprived of any part of their identity due to illegal actions, states are obligated to take immediate measures to help restore it.

Identity is more than a legal designation; it is the foundation of a child’s sense of belonging, continuity, and dignity. A child’s identity encompasses their cultural roots, family bonds, personal history, language, and community ties. Losing any of these elements can disrupt a child's emotional, social, and psychological development. As Adewumi and Olatunbosun (2015) highlight, family relations, particularly the continuity of caregiving environments, play a central role in shaping a child’s identity and emotional security.

Historically, the importance of protecting children’s identity became especially visible after the dictatorships in Argentina and Uruguay during the 1970s and 1980s. During this period, thousands of babies born to political prisoners were illegally taken from their families, given new identities, and placed into unknown households. Besson (2007) emphasizes that Article 8 was shaped precisely to prevent such human rights violations and to ensure that children whose identities were manipulated or erased could later recover their origins. Today, enforced disappearance remains a global concern in contexts such as conflict zones, displacement, irregular adoption systems, and trafficking networks.

Identity loss can also occur through systemic failures. Weak record-keeping in child protection institutions, legal barriers that hide or alter children’s family information, and administrative neglect all contribute to the erosion of identity. Drăghici et al. (2013) show that children raised in institutional care often struggle to piece together their family histories because essential documents are missing or incomplete. These gaps make reunification efforts difficult and leave children with profound emotional uncertainty.

Cultural identity is another dimension protected under Article 8. Magnusson (2019) notes that cultural belonging strengthens children’s resilience, sense of purpose, and psychological well-being. However, minority and Indigenous children around the world continue to face policies that suppress their languages, naming traditions, or cultural practices. Panelius (2025) notes that displacement, migration, and conflict often sever children’s ties to their cultural roots, making identity reconstruction a long-term challenge.

For this reason, states must ensure accurate, accessible, and ethically protected record-keeping; prevent the falsification of documents; and implement mechanisms that allow children to access information about their origins. In situations involving adoption, displacement, enforced disappearance, or emergency relocation, legal avenues must be available for tracing family members and restoring children’s personal histories. Ensuring that children receive truthful, age-appropriate information about their past is essential for their sense of continuity and psychological well-being.

In summary, Article 8 safeguards a child’s right to be who they are. Protecting identity means protecting the child’s history, dignity, cultural ties, and family relations. Restoring identity when it has been lost or stolen is not only a legal obligation but also a moral responsibility. Every child has the right to grow up knowing their own story and to feel a sense of belonging.

References

Adewumi, A., & Olatunbosun, A. (2015). Child’s rights without cultural identity: A mirage?. The Justice Journal a Journal of Contemporary Legal, 7, 116-137. https://ssrn.com/abstract=3758793

Besson, S. (2007). Enforcing the child's right to know her origins: Contrasting approaches under the convention on the rights of the child and the European convention on human rights. International Journal of Law, Policy and the Family, 21(2), 137-159. https://doi.org/10.1093/lawfam/ebm003

Draghici, A., Didea, I., & Duminica, R. (2013). The right of children to know their parents-a constitutive element of the child's identity. Acta U. Danubius Jur., 9, 115.

Magnusson, E. (2019). Children’s rights and the non-identity problem. Canadian Journal of Philosophy, 49(5), 580-605. https://doi.org/10.1080/00455091.2018.1463798

Panelius, K. (2025). Children’s Right to Identity in International Armed Conflicts: The Case of Ukrainian Children Being Forcibly Transferred by Russia. https://www.doria.fi/handle/10024/192669

Dr. Sezen ÇİÇEK APAYDIN

November 14, 2025