Legal Identity for Inclusive Development

Abstract

This publication presents the findings of an Asian Dvelopment Bank multi-country study on legal identity. Based on extensive field research conducted in Bangladesh, Cambodia, and Nepal, the study assesses the potential and actual value of legal identity, given the realities of the developing country context. Broadly speaking, “legal identity” refers to a human being’s legal (as opposed to physical) personality. Legal identity allows persons to enjoy the legal system’s protection and to enforce their rights or demand redress for violations by accessing state institutions such as courts and law enforcement agencies. Proof of legal identity consists of official, government-issued and recognized identity documents—documents that include basic information attesting to the holder’s identity and age, status, and/or legal relationships. Without these proofs of one’s legal identity, persons find it difficult to exercise and enforce their rights, or obtain benefits and opportunities provided by the state. Consequently, “legal identity” can be construed narrowly to refer to official, government-issued identity documents that prove one’s status as a person who can exercise rights and demand protection under the law.