76
instant case, and the suffering that the facts have caused to the children, to their
mothers and to the sister of the child Violeta Bosico, this Court will consider whether,
in fairness, it is pertinent to order the payment of compensation for non-pecuniary
damage.118
224. When establishing the compensation for non-pecuniary damage in the case
sub judice, it should be borne in mind that the State did not recognize the Dominican
nationality of the children Dilcia and Violeta until September 25, 2001; in other
words, more than four years and four months after they requested late registration
of their birth. By not granting the children Dominican nationality, the State placed
them in a situation of extreme vulnerability and, for discriminatory reasons, violated
their right to nationality as well as other rights, namely: the right to juridical
personality and to a name and the right to equal protection, all in relation to the
rights of the child. Moreover, the State did not grant them the special protection that
was due to them, prevented them from having access to the benefits that were there
due, and caused them to live in the very real fear of being expelled from the State of
which they were nationals and separated from their families. The children Dilcia and
Violeta did not have the protection that the Dominican Republic should have provided
according to its treaty-based international obligations.
225. Also, during the 1998-1999 school year, the child Violeta Bosico attended
school during the evening, because she had no birth certificate (supra paras.
109(34) and 109(35)). Thus, the State prevented the child from enrolling in day
school, which she should have attended together with her peers, owing to her age,
aptitudes and the appropriate curriculum and level of difficulty. This situation caused
the child uncertainty and anxiety.
226. In view of the foregoing, the Court considers it should decide that the children
should be paid compensation. Accordingly, based on the representatives’ indications
(supra para. 219(d)), it establishes, in fairness, the amount of US$8,000.00 (eight
thousand United States dollars) to be paid to the child Dilcia Yean for non-pecuniary
damage and the amount of US$8,000.00 (eight thousand United States dollars) to be
paid to the child Violeta Bosico under the same heading.
227. In addition, the situation of vulnerability that the State imposed on the Yean
and Bosico children caused the victims’ next of kin uncertainty and insecurity, and
also the very real fear that they could be expelled from their country, owing to the
lack of birth certificates and the difficulties they faced to obtain them. This was
mentioned by Leonidas Oliven Yean, Dilcia’s mother, in a statement made on July
24, 1999, when she indicated that “she feared that Dilcia [could be] expelled to Haiti
[...,] because she knew many people of Haitian origin in Sabana Grande de Boyá
who did not have birth certificates and who were expelled by Migration for this
reason.” Also, Teresa Tucent Mena, the child Violeta Bosico’s sister, with whom the
latter has lived, suffered because her sister could be expelled owing to the lack of a
birth certificate, and because she could not conclude her education for the same
reason.
228. In view of the above, the situation of the children Dilcia and Violeta caused
their mothers and Violeta Bosico’s sister anxiety and insecurity.
118
Cf. Case of Acosta Calderón, supra note 13, para. 159; Case of Yakye Axa Indigenous
Community. supra note 16, para. 200, and the Case of Moiwana community, supra note 8, para. 192.
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