of Article 1(1) of this instrument. Therefore, this Court will analyze the different facts alleged in light of Article 1(1) of the Convention. 1. Discrimination in this case 228. The Court reiterates that, regarding the argument of the Commission and the representatives concerning a context of structural discrimination in Dominican Republic against Haitians or those of Haitian origin, it is not incumbent on it to rule on this in this case (supra para. 40). Nevertheless, the Court will analyze whether, in this matter, discriminatory measures were taken against the victims in the case owing to their condition as migrants, under Article 1(1) of the Convention. 229. In this regard, this Court acknowledges the difficulty for those who are the object of discrimination to prove racial prejudice, so that it agrees with the European Court that, in certain cases of human rights violations motivated by discrimination, the burden of proof falls on the State, which controls the means to clarify incidents that took place on its territory.287 230. Taking into account the context of the case, the arguments of the parties, and the preceding chapters, an analysis has been made of various situations of vulnerability of the Haitian victims, owing to their condition as irregular migrants (supra Chapters VII-1 and 2), derived specifically from the violence used and the treatment of the survivors and the deceased. 231. In this regard, Article 1(1) of the American Convention establishes respect for and guarantee of the rights recognized therein, “without any discrimination for reasons of race, color, […] national or social origin, economic status, […] or any other social condition.” In addition, the International Convention on the Elimination of All Forms of Racial Discrimination defines such discrimination as: […] any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.288 232. Thus, the United Nations Special Rapporteur on discrimination and its Independent Expert on minorities, as well as various international organizations, have referred to historical practices of discrimination in the Dominican Republic, which are demonstrated by the treatment of Haitian migrants and in the exercise their rights.289 Judgment of November 25, 2000, Series C No. 70, para. 179; Case of the Yean and Bosico Girls v. Dominican Republic, supra, para. 179; Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No. 191, para. 69, and Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of September 22, 2009. Series C No. 202, para. 87. 287 In this regard, see Case of González Medina and family members v. Dominican Republic, supra, para. 132, and ECHR. D.H. et al. v. Czech Republic. No. 5735/00. Grand Chamber. Judgment of 13 November 2007, para. 179. See also: Directive 91/80/CE of the Council of the European Union of 15 December, 1997, on the burden of proof in cases of discrimination based on sex, article 4, and Directive 2000/43/CE of the Council of the European Union of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, para. 21. 288 The International Convention on the Elimination of All Forms of Racial Discrimination of 4 January 1969, Article 1. 289 Among others, Cf. Case of the Yean and Bosico Girls v. Dominican Republic, supra, paras. 109.1 to 109.3; Joint report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and the Independent Expert on minorities. Human Rights Council. UN DOC A/HRC/7/19/Add.5 and A/HRC/7/23/Add.3 (hereinafter: “Joint report”), 18 March 2008, p. 8, 19, 20, 24, 26, 30, 32, 33, 44 (file of annexes to the merits report, folio 1483); Unwelcome Guests: A Study of expulsions of Haitians and Dominicans of Haitian Descent from the Dominican Republic to Haiti. International Human Rights Law Clinic, Boalt Hall School of 62