55
them for discriminatory reasons, since this Office cannot make exceptions and
its work is merely to confirm that applicants have proved they were born in
the country;
(b)
It is irrelevant whether the fathers of the Yean and Bosico children
were in transit in the country because, by being born on Dominican territory,
the children had the right to opt for this nationality and never lost this
privilege; however, this matter is of no interest since, the children now have
Dominican nationality;
(c)
The alleged victims were able to opt for Haitian nationality because of
the ius sanguinis connection through their fathers; therefore, they were never
in danger of being stateless;
(d)
The presentation of the parents’ identity cards is a requirement for
obtaining late declaration of birth, to show whether they are the legitimate
children of foreigners who are resident in the country, or diplomats, or in
transit. In this specific case, the children’s mothers are Dominicans so they
should not have had any problem complying with this requirement. The other
documents required are necessary to ensure that the registration mechanism
is reliable and to avoid fraudulent supplantation;
(e)
The alleged continuing situation of illegality of the children does not
exist, because there is no deportation policy against individuals who are
illegally on Dominican territory, and
(f)
The State is not responsible for a continuing violation of the right to
nationality, because the delay in granting it was due to the negligence of the
mothers who did not register the births of the children opportunely and who,
when they attempted to make a late registration, did not provide the
evidence and the requirements needed to complete this procedure.
122.
In relation to Article 24 of the American Convention, the State argued that:
(a)
The particular situation of late birth declaration of the children Dilcia
Yean and Violeta Bosico means that they are treated separately from the
general regime for all other Dominicans who are registered at birth. The
regulations in force for all those who have not been registered with the Civil
Status Registry Office are applied to them; namely the late declaration
procedure. This procedure must be carried out in accordance with a series of
requirements and steps needed to show reliably and legally that the
applicants have a real right to Dominican nationality, and
(b)
It has not been proved and it is not true that the Dominican Republic
civil status registrars have been instructed by their superiors to prevent the
registration of children of Haitian origin and not grant them birth certificates.
The civil status registrars involved in this case were simply complying with
their obligation to ask for the documents that are required of both Dominicans
and foreigners, without any form of distinction, for late declarations of birth.
123. In relation to Article 3 of the Convention, the State argued that it had not
violated the right to juridical personality, since it never prevented the children’s
registration.
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