84
the children Dilcia Yean and Violeta Bosico, in the terms of paragraphs 131 to 174 of
this judgment.
3.
The State violated the rights to a name and to juridical personality embodied,
respectively, in Articles 3 and 18 of the American Convention, in relation to Article 19
thereof, and also in relation to Article 1(1) of the Convention, to the detriment of the
children Dilcia Yean and Violeta Bosico, in the terms of paragraphs 131 to 135 and
175 to 187 of this judgment.
4.
The State violated the right to humane treatment embodied in Article 5 of the
American Convention, in relation to 1(1) thereof, to the detriment of Leonidas Oliven
Yean, Tiramen Bosico Cofi and Teresa Tucent Mena, in the terms of paragraphs 205
to 206 of this judgment.
5.
This judgment constitutes per se a form of reparation, in the terms of
paragraph 223 thereof.
AND ORDERS,
Unanimously that:
6.
The State should publish at least once, within six months of notification of this
judgment, in the official gazette and in another newspaper with national circulation
in the Dominican Republic, both the section entitled “Proven Facts”, without the
corresponding footnotes, and also the operative paragraphs of this judgment, in the
terms of paragraph 234 thereof.
7.
The State should organize a public act acknowledging its international
responsibility and apologizing to the victims Dilcia Yean and Violeta Bosico, and to
Leonidas Oliven Yean, Tiramen Bosico Cofi and Teresa Tucent Mena, within six
months, in the presence of State authorities, the victims and their next of kin, and
also the representatives and this shall be disseminated in the media (radio, press
and television). The purpose of this act is to provide satisfaction and to serve as a
guarantee of non-repetition, in the terms of paragraph 235 of this judgment.
8.
The State should adopt within its domestic law, within a reasonable time, in
accordance with Article 2 of the American Convention, the legislative, administrative
and any other measures needed to regulate the procedure and requirements for
acquiring Dominican nationality based on late declaration of birth. This procedure
should be simple, accessible and reasonable since, to the contrary, applicants could
remain stateless. Also, an effective remedy should exist for cases in which the
request is rejected in the terms of the American Convention, in accordance with
paragraphs 239 to 241 of this judgment.
9.
The State should pay, as compensation for non-pecuniary damage, the
amount established in paragraph 226 of this judgment to the child Dilcia Yean and
the amount established in the same paragraph to the child Violeta Bosico.
10.
The State should pay the amount established in paragraph 250 of this
judgment to Leonidas Oliven Yean and Tiramen Bosico Cofi for costs and expenses
arising in the domestic sphere and in the international sphere before the InterAmerican System for the protection of human rights; and they should make the
payments to the Movimiento de Mujeres Domínico Haitianas (MUDHA), the Center for
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