Inter-American Court of Human Rights
Case of the Girls Yean and Bosico
v.
Dominican Republic
Judgment of September 8, 2005

(Preliminary Objections, Merits, Reparations and Costs)

In the case of the Yean and Bosico children,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or
“the Court”), composed of the following judges:
Sergio García Ramírez, President
Alirio Abreu Burelli, Vice President
Oliver Jackman, Judge
Antônio A. Cançado Trindade, Judge, and
Manuel E. Ventura Robles, Judge
also present,
Pablo Saavedra Alessandri, Secretary, and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) and Articles 29, 31,
37(6), 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of
Procedure”), delivers this judgment.
I
INTRODUCTION OF THE CASE
1.
On July 11, 2003, the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) submitted to the
Court an application against the Dominican Republic (hereinafter “the Dominican
Republic” or “the State”), originating from petition No. 12,189, received by the
Secretariat of the Commission on October 28, 1998.
2.
The Commission submitted the application based on Article 61 of the
American Convention, for the Court to declare the international responsibility of the
Dominican Republic for the alleged violation of Articles 3 (Right to Juridical
Personality), 8 (Right to a Fair Trial), 19 (Rights of the Child), 20 (Right to
Nationality), 24 (Right to Equal Protection) and 25 (Right to Judicial Protection) of
the American Convention, in relation to Articles 1(1) (Obligation to Respect Rights)
and 2 (Domestic Legal Effects) thereof, to the detriment of the children Dilcia Oliven

Select target paragraph3