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229. With regard to the non-pecuniary damage suffered by Leonidas Oliven Yean,
Tiramen Bosico Cofi and Teresa Tucent Mena, the Court considers that the judgment
per se constitutes a form of reparation, as indicated above (supra para. 223),
together with the various measures of satisfaction and the guarantees of nonrepetition established in this judgment (infra paras. 234, 235 and 239 to 242),
which have public repercussions.
C) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION)
230. The Court will now consider the harmful effects of the facts, which are not of
a financial or patrimonial nature, and which could be repaired by actions taken by
the public authorities.
Arguments of the Commission
231.
The Commission argued that:
(a)
In this case, comprehensive reparation of the damage caused to the
children is necessary, to guarantee non-repetition of this type of situation.
The State cannot allege that, with the delivery of documents that were not
issued in accordance with Dominican law, it has repaired a violation that had
serious effects on the especially susceptible victims, who required the special
protection of the State;
and requested that:
(b)
The State should acknowledge publicly the violations committed to the
detriment of the children and offer a public apology;
(c)
The State should modify the birth registration system to ensure that
the right to a birth certificate is not denied to Dominican children of Haitian
origin, either by law or by the discretional application of the law by State
officials;
(d)
The State should modify the law to adapt it to the American
Convention, which implies not only eliminating requirements that become
arbitrary and discriminatory, but also providing an appropriate and effective
remedy that allows people to have recourse to appropriate bodies when
necessary, and
(e)
The State should initiate a serious and exhaustive investigation into
the actions of the officials of the Dominican Civil Status Registry and the
Public Prosecutor’s Office who violated the fundamental rights of the children
Dilcia and Violeta.
Arguments of the representatives
232.
The representatives requested the Court to order the State:
(a)
To acknowledge the violations of the human rights of the children
Dilcia and Violeta and offer them a public apology, to be made by the
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