Recommended Practice based on International Guidelines
Decisions made by civil registrars can have legal consequences and it is important that the system includes a process of appeal or review of those decisions. Individuals should have the right to appeal civil registration decisions to the courts. Prior to filing an appeal in the courts, some countries require that the appeal against a local civil registrar's decision be filed before a higher administrative level, up to the national level. The exhaustion of remedies serves a dual purpose of allowing a civil registration agency the opportunity to correct its mistake without burdening the courts, and creates an administrative record for court to review in a judicial appeal.
Mozambique
Legal Analysis
The law establishes the right to appeal decisions made my civil registrars. If a registrar refuses to perform a registration or makes another decision affecting the record, the affected party can file a hierarchical appeal to a higher authority. For example, the Code provides that an order or refusal to rectify or cancel a record, can be appealed before a superior like the provincial registrar or Director. In addition, judicial review is also available if needed.
