52
(a)
The right to juridical personality is a fundamental requirement for the
enjoyment of all the basic freedoms, because this right grants the individual
recognition before the law;
(b)
The Dominican Republic’s domestic legislation, in the Code for the
Protection of Children and Adolescents (Act No. 14–94), recognizes the
relationship between legal identity and the protection of the fundamental
rights of the child, and guarantees the child’s fundamental right to dignity,
which includes the right to identity and explicitly prohibits any discrimination
in granting or withdrawing the fundamental rights of the child based on race
or nationality, and
(c)
The refusal by Dominican officials to register the children Dilcia and
Violeta in the Civil Status Registry Office resulted in their exclusion from the
State’s juridical and institutional system since, for over four years, neither
Dilcia nor Violeta had a birth certificate (the legal document recognized by the
Dominican Republic as proof of identity) and, consequently, they were not
recognized before the law, which violates Article 3 of the American
Convention.
114. The Commission did not allege that Article 18 of the Convention had been
violated.
Arguments of the representatives
115. With regard to Article 19 of the American Convention, the representatives
indicated that:
(a)
Given the legal incapacity and vulnerability of the children Dilcia and
Violeta, the State had a special obligation, required by their status as minors
under Article 19 of the Convention, to adopt measures of protection to ensure
their rights to nationality, juridical personality, education, the family and
judicial protection. The arbitrary and inconsistent impediments to which the
State subjected the children in their efforts to obtain the documentation
constitute a direct violation of the rights embodied in Article 19 of the
American Convention, in relation to Article 1(1) thereof, and
(b)
Article 19 of the Convention requires special protection measures to be
taken to guarantee the right of children to education, owing to their specific
situation of vulnerability and because this right cannot be protected without
special assistance from the family, society and the State. The right to
education is one of the rights protected by Article 26 of the American
Convention.
116.
In relation to Article 20 of the Convention, the representatives argued that:
(a)
The Dominican Republic violated the right to nationality of the children
Dilcia and Violeta by denying them the possibility of registering their birth on
national territory under the constitutional principle of ius soli, based on their
race and parentage;
(b)
The State’s interpretation of the “in transit” exception, and its
application in the instant case, adds a restriction to obtaining nationality that
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