38
also called Batey Enriquillo. In 1993, she moved, together with her sister to Batey
Palavé, outside Santo Domingo, where she lives now. Violeta Bosico has grown up in
the Dominican Republic, attended the Palavé School and, in 2005, went to secondary
school.45
109(9) Owing to their Haitian ancestry, the children Dilcia Yean and Violeta Bosico,
form part of a vulnerable social group in the Dominican Republic.46
THE
REQUEST MADE BY THE CHILDREN
DILCIA YEAN
AND
VIOLETA BOSICO
FOR LATE BIRTH
REGISTRATION IN THE CIVIL STATUS REGISTRY OFFICE
109(10) Most Haitians and Dominicans of Haitian origin use the late declaration of
birth procedure to declare their children born in the Dominican Republic. The
mothers usually give birth at home, given the difficulty of traveling from the bateyes
to the hospitals in the cities, their limited financial resources, and their fear of
making themselves known to the hospital officials, the police and officials of the
office of the auxiliary mayor and being deported. The Dominican Republic has
45
Cf. statement made by the child Violeta Bosico Cofi, authenticated on February 2, 2005, by
Marcelino de la Cruz Nuñez (file of preliminary objections and possible merits and reparations, folios 892
to 893bis, and file of attachments to the final arguments brief of the State, attachment 33, folios 3944
and 3945); statement made by the child Violeta Bosico Cofi on August 8, 1999, before Katherine A. Fleet,
in Batey Palavé, Manoguayabo, the Dominican Republic (file of attachments to the application, attachment
6, folios 446 to 457, and file of attachments to the brief with requests and arguments, attachment 24,
folios 370 to 381); additional statement made by the child Violeta Bosico Cofi before Hillary Ronen on July
31, 2001, in Batey Palavé, Santo Domingo, the Dominican Republic (file of attachments to the brief with
requests and arguments, attachment 27, folios 393 to 396); statement made by Teresa Tucent Mena,
authenticated on February 2, 2005, by Marcelino de la Cruz Nuñez (file of preliminary objections and
possible merits and reparations, tome III, folios 899 to 900); statement made by Teresa Tucent Mena on
August 8, 1999, before Katherine A. Fleet, in Palavé, Manoguayabo, the Dominican Republic (file of
attachments to the application, attachment 4, folios 358 to 367; file of attachments to the brief with
requests and arguments, attachment 25, folios 382 to 388); statement made by Tiramen Bosico Cofi
before Katherine A. Fleet on July 11, 1999, in Palavé, Manoguayabo, the Dominican Republic (file of
attachments to the application, attachment 4, folios 376 to 387; file of attachments to the brief with
requests and arguments, attachment 4, folios 28 to 39, and file of attachments to the brief answering the
application, attachment 25, folios 57 to 60); certification issued on November 6, 2003, by Amada
Rodríguez Guante, Director of the Palavé Basic School (file of attachments to the final arguments brief of
the State, attachment 28, folio 3934), and Basic Education diploma of Violeta Bosico issued on July 1,
2004, by the National Education Council, the Dominican Republic (file of attachments to the final
arguments brief of the State, attachment 30, folio 3938). With regard to the name of Teresa Tucent Mena,
the child Violeta Bosico’s sister, it was noted that her last name is “Tucent Mena” and not “Tuseimena”, as
she herself indicated in the statement she made on February 2, 2005, authenticated by Marcelino de la
Cruz Nuñez. For the effects of this judgment, the last name “Tucent Mena” will be used, even though the
parties and several documents refer to the last name “Tuseimena,” in the understanding that both names
refer to the same person.
46
Cf. National Coalition for Haitian Rights, “Beyond de Bateyes – Haitian Immigrants in the
Dominican Republic,” 1996 (file of attachments to the application, attachment 9, folios 809 to 875);
Human Rights Watch, “Personas Ilegales” - Haitianos y Domínico-Haitianos en la República Dominicana.
New York: 2002, (file of attachments to the brief with requests and arguments, attachment 19, folios 310
to 320); United Nations, Committee on the Rights of the Child, Examination of the Reports presented by
the States Parties under Article 44 of the Convention. Concluding Observations of the Committee on the
Rights of the Child. The Dominican Republic. UN Doc. CRC/C/15/Add.150, of 21 February 2001, para. 22;
Bridget Wooding and Richard Moseley-Williams, “Inmigrantes haitianos y dominicanos de ascendencia
haitiana en la República Dominicana.” Santo Domingo, the Dominican Republic: Cooperación Internacional
para el Desarrollo y el Servicio Jesuita a Refugiados y Migrantes, 2004, pp. 1 to 103; World Bank,
“Dominican Republic Poverty Assessment: Poverty in a High-Growth Economy (1986 – 2000),” volume I,
2001, pp. 50 to 53, and Marco Scuriatti, “Background Papers – A review of the Haitian Immigrant
Population in the Dominican Republic”; In: World Bank, Dominican Republic Poverty Assessment: Poverty
in a High-Growth Economy (1986 – 2000), volume II, 2001, pp. 84 and 85.
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