What protections are there in the constitution or other laws against discrimination and abuse of rights? Are there any exclusions (e.g., customary /religious law)?

If a general constitutional or statutory framework for non-discrimination is in place, it provides a basis for users to challenge discrimination in the operation of a digital legal ID system.

The institution managing the digital legal ID system clearly states (online, and in its offices) the laws and institutions citizens can seek protection within if their rights are infringed and they are discriminated against - and the procedures to do so (see heading on accountability and the rule of law).  The DID laws do not discriminate across genders, race, ethnicity, etc., treating them all equally. There are no liabilities to enrol or access services linked to DID because of gender.

The framework of international human rights treaties & interpretation by treaty bodies.See especially UN Committee on Economic, Social and Cultural Rights. ‘General Comment No. 20: Non-Discrimination in Economic, Social and Cultural Rights (Article 2, Para. 2)’. E/C.12/GC/20. Geneva: United Nations, 2 July 2009: https://digitallibrary.un.org/record/659980?ln=en

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‍SDG Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The World Bank Group 'Principles on Identification for Sustainable Development' (2021): https://documents1.worldbank.org/curated/en/213581486378184357/pdf/Principles-on-Identification-for-Sustainable-Development-Toward-the-Digital-Age.pdf

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‍IOM Institutional Strategy on Legal Identity, section 4: Key principles: https://publications.iom.int/books/iom-institutional-strategy-legal-identity

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‍ISO/IEC 19795-1:2021—Biometric performance testing and reporting: https://www.iso.org/standard/73515.html

Do the substantive law and procedures for implementation of the digital legal ID treat women and men equally? (e.g., women do not need to ask their male head of household to obtain ID?).

Convention on the Elimination of All Forms of Discrimination Against WomenThe World Bank Group ID4D 'Achieving Universal Access to ID: Gender-based Legal Barriers Against Women and Good Practice Reforms' (2019): https://documents1.worldbank.org/curated/en/606011569301719515/pdf/Achieving-Universal-Access-to-ID-Gender-based-Legal-Barriers-Against-Women-and-Good-Practice-Reforms.pdf

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‍The World Bank 'The identification for development (ID4D) agenda: its potential for empowering women and girls' (2015): http://documents.worldbank.org/curated/en/859071468190776482/The-identification-for-development-ID4D-agenda-its-potential-for-empowering-women-and-girls-background-paper

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‍The World Bank group ID4D 'Addressing Gender Gap in ID': https://id4d.worldbank.org/sites/id4d/files/ID4D-Gender-and-Legal-Barriers-Summary-EN.pdf

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‍Women in Identity Code of Conduct: https://www.womeninidentity.org/cpages/code-of-conduct

Are there measures in place to ensure that people are not excluded from registration based on sex or gender identity (e.g., LGBTI - provisions for change of name, identity; those checking identity generally only have access to current identity elements).

Do the substantive law and procedures for implementation of the digital legal ID treat members of any religion, ethnic group etc. equally?

If the law governing digital legal identity ID elements to mitigate identity based discrimination, it is less likely to amplify discrimination.

The same evidentiary requirements are established for any person entitled to enrol in the digital legal ID system, without additional requirements being placed on members of certain racial, ethnic, or religious groups.

Committee on the Elimination of Racial Discrimination UNHCR Stateless Minorities: https://www.unhcr.org/ibelong/stateless-minorities‍

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UNHCR Background note on discrimination and statelessness: https://www.refworld.org/pdfid/616fda104.pdf

Are there legal provisions and practical arrangements that accommodate people with different forms of disability?

When the international standard to include people with disabilities or other challenges is met, it ensures their inclusion in digital ID systems.

The legislation establishing the digital legal ID system envisages special measures to ensure that people with disabilities of different types can enrol in the system and use their digital legal ID.

Convention on the Rights of Persons with Disabilities: https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html

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UN Committee on the Rights of Persons with Disabilities. ‘General Comment No. 1—Article 12 : Equal Recognition before the Law’. CRPD/C/GC/1. Geneva: United Nations, 11 April 2014: https://daccess-ods.un.org/tmp/4625032.24611282.html

How are existing systems for refugee status and stateless person determination integrated into the digital legal ID?

If a person is officially recognised as a refugee or stateless, such persons should have access to digital legal ID in the same format as citizens so they can access rights and entitlements.

The digital legal ID law should adhere to UNHCR standards laid out for the identification and protection of refugees and stateless persons.

UN Convention relating to the Status of Refugees 1951: https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees

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UN Convention relating to the Status of Stateless Persons 1954: https://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdf

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UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection: https://www.unhcr.org/sites/default/files/legacy-pdf/5ddfcdc47.pdf

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‍Refugee Protection: A Guide to International Refugee Law (Handbook for Parliamentarians): https://www.unhcr.org/media/refugee-protection-guide-international-refugee-law-handbook-parliamentarians

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UNHCR Handbook on Protection of Stateless Persons: https://www.unhcr.org/dach/wp-content/uploads/sites/27/2017/04/CH-UNHCR_Handbook-on-Protection-of-Stateless-Persons.pdf

Are there requirements or eligibility of other non-citizens to enrol in the digital legal ID system? If so, are these established in law and accessible in practice?

If such requirements are not well known, or hard to access, non-citizens may be excluded from access to services or rights to which they would otherwise be entitled.

If there is a requirement for non-citizens to register with the national authorities, or such registration provides access to additional benefits, this requirement or eligibility should be widely communicated to those likely to be within this category.

Committee on the Elimination of Racial Discrimination, Committee General Recommendation XXX on rights of non-citizens: https://www.refworld.org/docid/45139e084.html

How can those without access to the digital legal ID under consideration prove their identity for the purposes of recognition as a person before the law and enabling them to access other rights?

Provisions to ensure that those who cannot access any particular type of ID can prove ID for basic human rights purposes (e.g., family membership, equality before the law, access to primary education, immunisations, and emergency health care at minimum).

Alternative forms of proof of ID are accepted, including witness testimony where this is appropriate (see also legal framework, on probative value of ID).

International Covenant on Civil and Political Rights Art 16 Everyone shall have the right to recognition everywhere as a person before the law: https://www.ohchr.org/sites/default/files/ccpr.pdf

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UN OHCHR ‘Birth Registration and the Right of Everyone to Recognition Everywhere as a Person before the Law’. Geneva: United Nations, 17 June 2014. http://www.ohchr.org/Documents/Issues/Children/BirthRegistration/ReportBirthRegistration.pdf

Are all persons issued the digital legal ID guaranteed access to basic human rights?

Most human rights are not restricted to citizens; and those with a non-citizen ID should not be excluded from the state's obligation to respect, protect and fulfil human rights - including equality before the law, access to primary education and health care - whatever the legal status indicated by their ID (where relevant).

The minimum standard of human rights established by international human rights treaties is guaranteed for all.

International Covenant on Civil and Political Rights: https://www.ohchr.org/sites/default/files/ccpr.pdf

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‍International Covenant on Economic, Social and Cultural Right: https://www.ohchr.org/sites/default/files/cescr.pdf