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is not stipulated in either the Constitution or the Civil Code of the Dominican
Republic (hereinafter “Civil Code”), or in Act No. 659;
(c)
Most of the requirements for late registration of birth established in
the guidelines issued by the Civil Status Registry Office and not by law bear
no relationship to proving birth on Dominican territory and are therefore
disproportionate and unnecessary. This is especially pertinent in relation to
individuals of Haitian origin who live in the bateyes. Restrictions to obtaining
nationality should fulfill certain requirements to be considered legitimate and
non-arbitrary. They should: (1) be established by law; (2) be nondiscriminatory; (3) pursue a legitimate purpose, and (4) strictly respect the
principles of need and proportionality, and
(d)
To prove a child’s identity, States usually ask for a either a birth
certification or a baptism certificate or a certification from a midwife or the
hospital, but not all of these documents simultaneously. Since, under the ius
soli system, it is only necessary for the child to have been born on the State’s
territory, the father’s legal status is irrelevant and the parents only have to
prove their relationship to the child by means of any common identity
document, such as an identity card or a driving license.
117. With regard to Article 24 of the American Convention, the representatives
argued that:
(a)
The State had violated Articles 24 and 1(1) of the American
Convention by introducing into its laws discriminatory regulations relating to
legal protection and by applying them to the alleged victims, owing to the
intentionality of the discriminatory acts of the public officials when refusing to
grant them the birth declarations, and to the discriminatory effects produced
by the application of the laws that regulate registration. To justify a
distinction that affects children principally, it must be shown clearly that the
violation of their rights is absolutely necessary to achieve a public interest
objective, and the State did not prove this;
(b)
There is no relationship between granting nationality and preventing
the trafficking of children or electoral fraud and, even though these may be
legitimate objectives, the means to achieve them are incompatible with the
protection of human rights;
(c)
International law prohibits direct discrimination as well as indirect
discrimination or the discriminatory effect, and
(d)
The regulations introduced into the laws of the Dominican Republic
have a discriminatory effect on Dominicans of Haitian origin, resulting from a
series of requirements demanded by Dominican officials in order to grant late
declarations of birth, which, in practice, prevent the former from obtaining
Dominican nationality.
118.
Regarding Article 3 of the Convention, the representatives indicated that:
(a)
The right to juridical personality is protected by numerous
international instruments and may never be suspended. In the Dominican
Republic, the birth certificate is the legal document used as official proof of
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