29
Registry Office procedure is to contribute to the State’s interest in controlling health,
safety and public order.
It is reasonable for States that choose to use the birth registration system as part of
the nationalization procedure to require documents that establish the identity of the
individual, such as the birth certification, the baptism certificate or an attestation of
the person who delivered the child. However, it is not reasonable to request all these
documents at the same time, or ask for documents that show the legal migratory
status of the father or mother of the applicant, or the existence of a formal marriage
between them. First, requesting all these documents at the same time creates an
unacceptable financial burden and requires an excessive amount of time. Second,
the request for documents that prove the marital union or the migratory status of
the parents constitutes a discrimination based on origin and membership of a social
group. Third, documents that show the relationship of the applicant’s parents with
the State are irrelevant, because the connection that has to be proved is the one
that exists between the applicant and the State.
In the case of the Yean and Bosico children, it is clear that their connection, the
structure of their lives and their relationships are with the Dominican Republic; thus
they could not have Haitian nationality, because there is no real connection between
these children and the State of Haiti. By requiring a series of documents to be
submitted concurrently, the administrative procedure of the Dominican Republic
places a significant burden on the applicant. Moreover, these documents are
redundant, because just one of them can satisfy the purpose of documenting the
identity of the applicant and his/her connection with the State. No nationalization
procedure in the fifty-five countries that the witness is aware of calls for all these
requirements or documents simultaneously. The argument that all these documents
are requested to prevent a possible electoral fraud is unsustainable, because the
Dominican Republic can achieve this purpose by appropriate registration procedures
that do not affect the procedure to obtain nationality.
Finally, even though international law does not define the concept of “people in
transit,” this is not important when deciding whether a person has a specific
nationality, because what is important is the existence of the real connection
between the individual and the State.
C) EVIDENCE ASSESSMENT
Documentary evidence assessment
87.
In this case as in others,16 the Court accepts the probative value of the
documents presented by the parties at the proper procedural opportunity or as
helpful evidence in accordance with Article 45 of its Rules of Procedure, which were
not contested or opposed, and whose authenticity was not questioned.
88.
In accordance with Article 45(1) of the Rules of Procedure and considering
them useful to decide this case, the Court adds to the body of evidence the
documents presented by the representatives, which they indicated were supervening
16
Cf. Case of Acosta Calderón, supra note 13, para. 45; Case of Yatama, supra note 13, para. 112,
and Case of Yakye Axa Indigenous Community. Judgment of June 17, 2005. Series C No. 125, para. 40.
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