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).

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