50
for Justice and International Law (CEJIL),82 and the International Human Rights Law
Clinic, University of California, Berkeley, Boalt Hall School of Law,83 who have
incurred a series of expenses related to the said measures.
IX
VIOLATION OF ARTICLES 19, 20, 24, 3 AND 18 OF THE
AMERICAN CONVENTION IN RELATION
ARTICLE 1(1) THEREOF
(Rights of the Child, Right to Nationality, Right to Equal Protection,
Right to Juridical Personality, Right to a Name, and Obligation to Respect Rights)
Arguments of the Commission
110. With regard to Article 19 of the American Convention, the Commission
indicated that:
(a) The State failed to comply with its international obligations because it did
not adopt the necessary measures that took into consideration the superior
interest of the child and ensured the protection of Dominican children of
Haitian origin, such as the children Dilcia and Violeta;
(b) The State disregarded its obligation to protect the children Dilcia and
Violeta in accordance with Article 19 of the Convention, by maintaining them
in a situation of legal, social and economic vulnerability and marginalization,
and failing to ensure their right to nationality, exposing the children to the
risk of being expelled from the Dominican Republic, and
(c) The State did not comply with its obligation to ensure the right to
education, since the child Violeta was prevented from enrolling in day school
because she had no birth certificate.
111.
that:
In relation to Article 20 of the American Convention, The Commission argued
(a)
The Constitution established ius soli as the principle for acquiring
Dominican nationality, and the right to nationality based on having been born
on Dominican territory is protected by the Constitution, irrespective of the
nationality or legal status of the parents. Any restriction of the right to
nationality that is not based on a child’s place of birth directly contradicts this
principle;
(b)
It is unacceptable to describe the alleged victims in this case as
“foreigners in transit,” since those who live for 10, 15 or more years in a
country cannot be described as transients;
82
Cf. CEJIL expense vouchers in the case of the Yean and Bosico children (file of attachments to the
brief with requests and arguments, attachment 54, folios 537 to 728, and file of preliminary objections
and possible merits and reparations, tome V, folios 1314 to 1319).
83
Cf. expense vouchers of the International Human Rights Law Clinic in the case of the Yean and
Bosico children (file of attachments to the brief with requests and arguments, attachment 57, folios 829 to
852).
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