Jean and Natalie Jean. Also, for similar reasons to those already indicated (supra paras.
316 and 317), they violate the right to equal protection of the law.
325. In conclusion, given its general scope, judgment TC/0168/13 constitutes a measure
that fails to comply with the obligation to adopt domestic legal provisions, codified in
Article 2 of the American Convention, in relation to the rights to recognition of juridical
personality, to a name, and to nationality recognized in Articles 3, 18 and 20 of this
instrument, respectively, and in relation to these rights, the right to identity, as well as
the right to equal protection of the law recognized in Article 24 of the American
Convention; all in relation to failure to comply with the obligations established in Article
1(1) of this instrument. This non-compliance violated the said rights of Willian Medina
Ferreras, Awilda Medina, Luis Ney Medina, Carolina Isabel Medina (deceased) and
Rafaelito Pérez Charles. In addition, as indicated (supra paras. 323 and 324), the State
violated these same articles of the Convention to the detriment of Victor Jean, Miguel
Jean, Victoria Jean (deceased) and Natalie Jean owing to articles 6, 8 and 11 of Law No.
169-14.
326. The Court must now refer to the other norms indicated by the representatives:
Circular No. 017 and Resolution 12-07 (supra paras. 241 and 302).
327. Circular No. 017, by establishing a retroactive policy, and also Resolution 12-07, by
including provisions relating to “civil status certifications” issued prior to the publication of
the Resolution, could eventually affect the presumed victims and must therefore be
examined.
328. Circular No. 017 contains a directive to “Civil status officials” to examine “birth
records when issuing copies or any document relating to civil status (paragraph 1), in
order to detect “any irregularity” (paragraph 3). This is because the “Administrative
Chamber has received reports that, in the past, some Civil Registry Offices issued birth
certificates irregularly to foreign parents who had not proved their legal residence or
status in the Dominican Republic.” The Court observes that Circular No. 017, in the same
way as judgment TC/0168/13, establishes a policy with retroactive application. However,
since it does not explain the criteria that the Administrative Chamber must use to
“proceed,” in does not appear that, of itself, Circular No. 017 can affect the rights of the
victims in this case, 367 and the representatives have not presented sufficient arguments to
the contrary. Consequently, in the understanding that, should the need arise, the
Administrative Chamber may act in conformity with the American Convention and the
standards established in this Judgment, the Court does not consider that this norm, in
itself, is contrary to the American Convention.
329. The consideranda of Resolution No. 12-07 indicate that the Central Electoral Board,
“generally […] on request,” “carries out […] permanent verifications of civil status records
in the files of the civil registry offices and the Central Civil Registry Office,” and that it has
“frequently” noted “serious irregularities” in the records, but that judicial proceedings are
required in order to annul them. Consequently, the Central Electoral Board “must
implement a mechanism […] that prevents the issue of certifications based on irregular
civil status records or entries that are evidently illegal, without the need to exhaust the
corresponding judicial proceedings, unless these documents are issued for reasons that
367
In this regard, expert witness Gómez Pérez indicated that “under [Resolution 12-2007]” the “falsity” of the
“civil status certifications […] suspected of being false,” would eventually be decided by the courts of justice, and
added that “the person concerned” can “have recourse to the corresponding court to contest the decision or the
opinion of the Central Electoral Board, and in oral public and adversarial proceedings, the Court will decide
whether it accepts the recommendation of the Central Electoral Board or the petition of the person concerned”
(cf. expert opinion of Cecilio Gómez Pérez provided during the public hearing).
106
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