X RIGHT TO THE PROTECTION OF PRIVACY AND RIGHTS OF THE FAMILY, 458 IN RELATION TO THE RIGHTS OF THE CHILD AND THE OBLIGATION TO RESPECT RIGHTS A) Arguments of the Commission and of the parties 408. The Commission observed that the expulsion of the presumed victims left them unable to communicate with their families and broke up the family unit, which took a direct toll on the family roles and dynamics. According to the Commission, in the cases of Bersson Gelin, Ana Virginia Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión and Rafaelito Pérez Charles, their expulsion entailed, ipso facto, the rupture of their ties with their family unit: in the case of Mr. Gelin, the separation from his son William Gelin and, in the case of Ana Lidia and Reyita Antonia Sensión, the separation from their father, Antonio Sensión. Furthermore, the Commission considered it proved that Ana Virginia Nolasco, Ana Lidia Sensión and Reyita Antonia Sensión faced serious difficulties to meet their basic needs, and none of the children could continue their schooling. With regard to the Medina family and the Fils-Aimé family, the Commission indicated that their expulsion meant that the families found themselves in a foreign country, without resources of any kind and without documentation. The adult members of the family were unable to find work to be able to feed and educate their children, while the children were unable to continue their studies. Consequently, the Commission considered that the State had violated the rights of the family, recognized in Article 17 of the American Convention, in relation to Article 1(1) of this instrument, as well as in relation to the rights of the child, recognized in Article 19 of the Convention, in the case of the children. 409. The representatives indicated that the Sensión, Fils-Aimé, Gelin and Pérez Charles families were separated as a result of the expulsion of some of their members from Dominican territory. Regarding the Sensión family, they indicated that when Ana Virginia Nolasco and her daughters, Ana Lidia Sensión and Reyita Antonia Sensión, were expelled from Dominican territory in 1994, they were unable to inform the girls’ father Antonio Sensión about what was happening, so that he was unaware of their whereabouts, and it was only eight years later, having taken various steps to try and locate his family, that he was able to find them and reunite with them. This separation continued following the date on which Dominican Republic accepted the Court’s jurisdiction on March 25, 1999, so that the Court is competent to rule on it. Lastly, the representatives alleged that although it is true that Mr. Sensión did not live with his family permanently, he had a family relationship with it, proved by the fact that he searched for them for years until he found them. They alleged that Janise Midi, and her children were expelled separately from Jeanty Fils-Aimé, Mrs. Midi’s husband and the children’s father, and they remained separated for eight days until they were able to reunite in Haiti. The representatives also noted that Bersson Gelin has remained separated from his son, William Gelin, who was born in the Dominican Republic and has lived in that country since 1999. Meanwhile, at the time of his expulsion, Rafaelito Pérez Charles was separated from his mother and siblings, who lived in the Dominican Republic. They were unaware of what had occurred for around five days. The representatives argued that the consequences of the expulsion of the Sensión and FilsAimé families and of Mr. Gelin were particularly serious, because they involved the separation of the children from their fathers for different lengths of time. 458 The pertinent part of Article 11 of the American Convention (Right to Privacy), states: […] 2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation. […]. While the relevant part of Article 17 of the American Convention (Rights of the Family) indicates: “1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.” 130

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