47
219
and Duties of Man,
among others, contain the principle of non-discrimination. Specifically, the
International Convention on the Elimination of all forms of Racial Discrimination–to which the Dominican
220
State is Party - defines discrimination as “any distinction, exclusion, restriction or preference based on
race, color, heritage or national or ethnic origin whose purpose or result is to annul or damage the
recognition, enjoyment or exercise, in equal conditions, the fundamental human rights and liberties in the
political, economic, social, cultural or any other area of public life.”
200.
The aforementioned International Convention on the Elimination of All forms of Racial
Discrimination commits the State Parties, among other things, to not incur in or encourage any act or
practice of racial discrimination but, rather, to prohibit and eliminate racial discrimination, specially with
regard to “the right to personal security and to the protection of the State against all acts of violence or
attempts against personal integrity by public officials or by any individual, group or institution,” and to the
right of “equal treatment in the courts and in all other entities that administer justice.”
201.
Thus, under applicable international law, individuals have a fundamental right not to be
victims of discrimination because of their ethnic or racial origin. Likewise, the States are internationally
obligated to refrain from incurring in acts of racial discrimination, and to prohibit such acts of
discrimination from being carried out. Moreover, in addition to the international obligation of the States to
221
investigate violations of human rights and sanction those responsible,
they have an international
obligation to provide individuals with effective judicial remedies that protect them from discriminatory acts
222
and provide just reparation when such acts do occur.
202.
Furthermore, the IACHR emphasizes that the close link between violence, discrimination
and human rights violations is widely recognized in international instruments for the protection of the
223
rights of groups in situations of special vulnerability to violations of their human rights.
Thus, violence
against those groups constitutes a form of discrimination that greatly prevents the members of the groups
224
from enjoying the rights and freedoms in equal footing with all other individuals. The Commission also
225
notes that there is a close link between violence, discrimination and due diligence. In that regard, the
…continuación
political or other opinion, national or social origin, property, birth or other status. In the same regard, paragraph 5 of General
Observation No. 17 (April 7, 1989) of the Committee on Human Rights of the United Nations, relating to Article 24 of the
International Covenant on Civil and Political Human Rights which recognizes the rights of children establishes the following: “In this
regard the Committee observes that, while non-discrimination in the enjoyment of the rights established in the Covenant also apply
to children, of Article 2 and their equality before the law, of Article 26, the non-discrimination clause of Article 24 specifically
addresses the protection measures established in this provision. The reports of States Parties should indicate the manner in which
legislation and enforcement guarantee that the purpose of the protection measures is to eliminate discrimination in all areas,
including the legacy right, particularly between national and foreign children or between legitimate children and extramarital
children.”
218
The preamble to the inter-American Democratic Charter states that the American Declaration of the Rights and Duties
of Man and the American Convention on Human Rights include the values and principles of liberty, equality and social justice which
are inherent to democracy. On the other hand, Article 9 of the Charter establishes that: “The elimination of all forms of
discrimination, especially sex, ethnic and racial discrimination and of the various forms of intolerance, as well as the promotion and
protection of the human rights of indigenous peoples and migrants and the respect for ethnic, cultural and religious diversity in the
Americas contribute to the strengthening of democracy and citizen participation.”
219
The preamble to the American Declaration of the Rights and Duties of Man states that “[a]ll men are born free and
equal in dignity and rights,” and in Article II establishes that ”all persons are equal before the law and have the rights and duties
enshrined in this declaration regardless of race, sex, language, beliefs or any other difference.”
220
The Dominican Republic ratified it on May 25, 1983.
221
IA Court H.R., Case El Amparo vs. Venezuela. Reparations (Article 63(1) American Convention on Human Rights).
Judgment of September 14, 1996, Series C No. 28, pars..53-55 and 61. IACHR, Report on Terrorism and Human Rights. OEA
/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002, par. 33.
222
In this sense, Article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination makes
the State Parties responsible for assuring all individuals under their jurisdiction “effective protection and remedies, through the
competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and
fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or
satisfaction for any damage suffered as a result of such discrimination.”
223
United Nations, Committee on the Elimination of discrimination against women, General Comment No. 19, 1992.
Committee on the Elimination of Racial Discrimination, General Comment No. 30, 2004.
224
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
Section II, Administration of Justice: ineffectiveness and impunity in cases of violence against women, par. 65.
225
United Nations, CEDAW, General Recommendation 19.