69
be clearly and objectively established previously by the competent authority.
Likewise, the law should not provide the State officials applying it with broad
discretionary powers, because this creates opportunities for discriminatory acts.
192. The requirements for late declaration of birth cannot be an obstacle for
enjoying the right to nationality, particularly for Dominicans of Haitian origin, who
belong to a vulnerable sector of the population in the Dominican Republic.
X
ARTICLE 17 OF THE AMERICAN CONVENTION
(Rights of the Family)
Arguments of the representatives
193. With regard to the alleged violation of the rights of the family, embodied in
Article 17 of the American Convention, the representatives argued that:
a)
The State is obliged to adopt basic measure to protect family unity. In
this case, the State has not instituted the necessary measures to guarantee
the rights of the child (especially in relation to the right not to be forcibly
separated from its family) and to ensure the right of the child to reside in the
country. The State has violated the rights of the family of the children Dilcia
and Violeta by refusing to grant birth certificates to children of Haitian origin;
and
b)
Although the Dominican Republic has not attempted to separate the
children Dilcia and Violeta from their families as yet, there is a real threat of
separation, given that the State systematically carries out collective
expulsions of Haitians and Dominicans of Haitian origin.
Arguments of the Commission
194. The Commission did not submit any arguments concerning Article 17 of the
American Convention.
Arguments of the State
195. With regard to the alleged violation of Article 17 of the American Convention,
the State indicated that it cannot be accused of violating the rights of the family
when this violation does not exist. In addition, the State mentioned that the families
were responsible for the failure to register the Yean and Bosico children.
Considerations of the Court
196.
Article 17(1) of the American Convention stipulates:
1. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
[…]
197. In this regard, the Court considers that the alleged facts concerning the
alleged violation of this article have already been examined in relation to the
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