40 188. That Court also held that the right of the family to be protected and to live as a family, recognized in Article 17 of the American Convention, means that the State is under the obligation not only to decide and directly implement measures to protect children, but also to favor, in the broadest manner, 172 development and strengthening of the family nucleus. 189. In the instant case, the victims have described the adverse consequences that their uprooting has had on their life plan and family life, their difficulties in finding jobs and the economic means necessary to survive and, in the case of the children, the obstacles they have encountered in pursuing their education. Another consequence of their arbitrary and unlawful expulsion is that the victims are afraid of returning to the Dominican Republic for fear they will be deported again. 190. The Commission considers that in the cases of Benito Tide Méndez, Berson Gelin, Ana Virginia Nolaco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy and Rafaelito Pérez Charles, their expulsion, ipso facto, severed their ties to their nuclear family. In effect, the victims’ expulsion left them unable to communicate with their families and broke up the family unit, which took a direct toll on the family dynamic and rolls. The expulsions of Berson Gelin and Andrea Alezy separated them from their children, who were minors at the time; the expulsion of Ana Lidia Sensión and Reyita Antonia Sensión separated them from their father. The Commission has taken as fact that Ana Virginia Nolasco, Ana Lidia Sensión and Reyita Antonia Sensión suffered great hardship just to be able to meet their basic needs and neither of the girls was able to continue her education. 191. While the Medina Ferreras family, the Fils-Aime family and the Jean familiy were expelled with the family unit intact, they found themselves in a foreign country without resources of any kind and without documentation, which had a direct effect on the children’s ability to pursue their educations and on the economic and work-related activities of the family unit. In effect, the adult members of the two families were unable to find work to be able to feed and educate their children; for their part, the children were unable to continue their studies, to name just some of the hardships the two families endured. 192. Based on the foregoing, the Commission considers that the State violated the right to protection of the family, recognized in Article 17 of the American Convention, read in conjunction with the obligation to respect rights without discrimination, set forth in Article 1(1) thereof, to the detriment of Benito Tide Méndez, William Medina Ferreras, Lilia Jean Pierre, Wilda Medina, Luis Ney Medina, Carolina Isabel Medina, Jeanty Fils-Aime, Janise Midi, Nene Fils-Aime, Diane Fils-Aime, Antonio FilsAime, Marilobi Fils-Aime, Endry Fils-Aime, Juan Fils-Aime, Andren Fils-Aime, Berson Gelin, Ana Virginia Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy, Rafaelito Pérez Charles, Víctor Jean, Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean, Nathalie Jean Carmen Méndez, Aíta Méndez, Domingo Méndez, Rosa Méndez, José Méndez y Teresita Méndez, Carolina Fils-Aime, William Gelin, María Esther Medina Matos, Jairo Pérez Medina, Gimena Pérez Medina, Antonio Sensión, Ana Dileidy Sensión, Maximiliano Sensión, Emiliano Mache Sensión, Analideire Sensión, Gili Sainlis, Jamson Gelin, Faica Gelin, Kenson Gelin, Jessica Jean, Víctor Manuel Jean. D. Right to humane treatment (Article 5 of the American Convention), read in conjunction with the obligation to respect rights without discrimination (Article 1(1) of the American Convention) …continuation Governments should establish policies that are conducive to the bringing up of children in stable and settled family environments. Families in need of assistance in the resolution of conditions of instability or conflict should be provided with requisite services. 171 /A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, paragraph 67. 172 /A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, paragraph 66; I/A Court H.R., Case of the Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March 1, 2005. Series C No. 120, paragraph 141; Case of Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 25, 2010. Series C No. 212, paragraph 157.

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