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protection for all individuals.
142. States have the obligation not to adopt practices or laws concerning the
granting of nationality, the application of which fosters an increase in the number of
stateless persons. This condition arises from the lack of a nationality, when an
individual does not qualify to receive this under the State’s laws, owing to arbitrary
deprivation or the granting of a nationality that, in actual fact, is not effective.
Statelessness deprives an individual of the possibility of enjoying civil and political
rights and places him in a condition of extreme vulnerability.
143. The Convention on the Reduction of Statelessness, which was signed by the
Dominican Republic on December 5, 1961, was ratified by 26 States, and entered
into force on December 13, 1975. Its Article 1 establishes that States shall grant
nationality to a person born in their territory who would otherwise be stateless. This
Convention establishes that nationality shall be granted at birth, by operation of law,
or upon an application being lodged with the appropriate authority, by or on behalf of
the person concerned, in the manner prescribed by the national law, and that this
application may not be rejected unless the person concerned does not comply with
the following list of conditions, to which the State may subordinate the granting of its
nationality:
(a) That the application is lodged during a period, fixed by the Contracting State,
beginning not later than at the age of eighteen years and ending not earlier than at
the age of twenty-one years, so, however, that the person concerned shall be allowed
at least one year during which he may himself make the application without having to
obtain legal authorization to do so;
(b) That the person concerned has habitually resided in the territory of the Contracting
State for such period as may be fixed by that State, not exceeding five years
immediately preceding the lodging of the application nor ten years in all;
(c) That the person concerned has neither been convicted of an offence against national
security nor has been sentenced to imprisonment for a term of five years or more on a
criminal charge;
(d) That the person concerned has always been stateless.
*
*
*
144. According to the facts of the instant case, the children Dilcia Yean and Violeta
Bosico were born in the Dominican Republic on April 15, 1996, and March 13, 1985,
respectively, and they have grown up and lived there. Also, their mothers, Leonidas
Oliven Yean and Tiramen Bosico Cofi, are of Dominican nationality and have lived in
the Dominican Republic, and the children’s fathers are Haitians (supra paras. 109(6)
and 109(7)).
145. On March 5, 1997, when Dilcia Yean was 10 months old and Violeta Bosico
was 12 years old, the children applied for late registration of their births before the
Civil Status Registry Office of Sabana Grande de Boyá. These applications for late
registration were rejected by the Registrar, who considered that the documents
presented by the children were insufficient for late registration, based on a list of
eleven requirements (supra paras. 109(14), 109(17) and 109(18)). On September
11, 1997, the children had recourse to the Public Prosecutor of the Judicial District of
Monte Plata, who confirmed the Registrar’s decision on July 20, 1988, and ratified
the rejection, because the late registration “was not supported by the documentation
and procedure established for this course of action,” based on a list containing twelve
requirements for late registration of birth (supra paras. 109(19) and 109(20)).
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