79
a)
Publication of the pertinent part of the judgment of the Court
234. The Court finds, as it has on other occasions,119 that, as a measure of
satisfaction, the State should publish in the official gazette and in another newspaper
with national circulation in the Dominican Republic at least once, within six months
from notification of this judgment, both the section entitled “Proven facts,” without
the corresponding footnotes, and the operative paragraphs of the judgment.
b)
Public act to acknowledge international responsibility and to make reparation
to the children Dilcia Yean and Violeta Bosico and their next of kin
235. With regard to the act of public apology requested by the victims’
representatives and the Commission as a result of the violations established in this
judgment, the Court finds that the State should organize a public act to acknowledge
its international responsibility for the facts referred to in this judgment and to
apologize to the children Dilcia Yean and Violeta Bosico, and to Leonidas Oliven Yean,
Tiramen Bosico Cofi and Teresa Tucent Mena, within six months of this judgment,
with the participation of the authorities, the victims and their next of kin, and
disseminate it via the media (radio, press, television). This act would be a measure
of satisfaction and would serve as a guarantee of non-repetition.
c)
Regarding the norms on late birth registration in the civil status registry
236. The State should adopt “the legislative or other measure necessary to make
effective” the rights established in the American Convention. This is an obligation the
State should fulfill because it has ratified this legal instrument.120
237. Given the characteristics of this case, the Court finds it necessary to refer to
the context of late registration of birth in the Dominican Republic. In this regard, the
United Nations Committee on the Rights of the Child has recommended that the
Dominican Republic:
[...] strengthen and increase its measures to ensure the immediate registration of the
birth of all children. Special emphasis should be placed on the registration of children
belonging to the most vulnerable groups, including children of Haitian origin or belonging
to Haitian migrant families.121
238. The Court has noted that the Dominican Republic modified its legislation and,
in particular, the norms applicable to late registration of birth, while this case was
being heard by the organs of the Inter-American System for the protection of human
rights.
119
Cf. Case of Acosta Calderón, supra note 13, para. 164; Case of Yatama, supra note 13, para.
252, and Case of Yakye Axa Indigenous Community, supra note 16, para. 227.
120
Cf. Case of Yatama, supra note 13, para. 254; Case of Fermín Ramírez, supra note 13, para.
130(d), and Case of Yakye Axa Indigenous Community, supra note 16, para. 225.
121
Cf. United Nations, Committee on the Rights of the Child, Examination of the Reports presented
by the States Parties under Article 44 of the Convention. Concluding Observations of the Committee on
the Rights of the Child. The Dominican Republic. UN Doc. CRC/C/15/Add.150, of 21 February 2001, para.
27.
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