68
she was prevented from attending day school at the Palavé School during the 19981999 school year. It was precisely because she had no birth certificate that she was
forced to study at evening school, for individuals over 18 years of age, during this
period. This fact also exacerbated her situation of vulnerability, because she did not
receive the special protection, due to her as a child, of attending school during
appropriate hours together with children of her own age, instead of with adults
(supra paras. 109(34), 109(35) and 109(36)). It is worth noting that, according to
the child’s right to special protection embodied in Article 19 of the American
Convention, interpreted in light of the Convention on the Rights of the Child and the
Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights, in relation to the obligation to ensure
progressive development contained in Article 26 of the American Convention, the
State must provide free primary education to all children in an appropriate
environment and in the conditions necessary to ensure their full intellectual
development.
186. The Court observes that the violation of the right to nationality of the Yean
and Bosico children, the situation of statelessness in which they were kept, and the
non-recognition of their juridical personality and name, denaturalized and denied the
external or social projection of their personality.
187. Based on the above, the Court considers that by depriving the children of
their nationality, the Dominican Republic violated the rights to juridical personality
and to a name embodied in Articles 3 and 18 of the American Convention, in relation
to Article 19 thereof, and also in relation to Article 1(1) of the Convention, to the
detriment of the children Dilcia Yean and Violeta Bosico.
*
*
*
188. The representatives and the Commission alleged that the domestic laws of the
Dominican Republic on birth registration and the granting of nationality are applied
discretionally and produce discriminatory effects on children of Haitian origin, such as
the Yean and Bosico children.
189. The State argued that the Constitution and the migration and civil registration
laws offer the necessary guarantees to protect the rights embodied in the American
Convention.
190. In this regard, the Court considers that the domestic norms establishing the
requirements for late birth registration must be coherent with the right to nationality
in the Dominican Republic and with the terms of the American Convention and other
international instruments;112 namely, they must accredit that the person was born on
the State’s territory.
191. In accordance with the obligation arising from Article 2 of the American
Convention, the Court considers that the requirements for obtaining nationality must
112
Cf. among others, the American Declaration of Human Rights, Article 19; the Universal
Declaration of Human Rights, Article 15; the International Covenant on Civil and Political Rights, Article
24(3); the Convention on the Rights of the Child, Article 7(1); the International Convention on the
Protection of the Rights of all Migrant Workers and Members of their Families, Article 29, and the
Convention on the Reduction of Statelessness, Article 1(1).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents