51
(c)
The Central Electoral Board insists that a series of documents must be
presented in order to proceed with a late declaration of birth. These
requirements violate not only rights contained in the Constitution and laws
deriving from it, but also rights enshrined in the American Convention,
because they are difficult to comply with, involve expenditure and constitute
obstacles that prevent the enjoyment of the right to nationality of most
children in the same situation as the children Dilcia and Violeta; namely,
Dominicans of Haitian origin;
(d)
The inconsistent procedures of the civil status registrars did not allow
the children Dilcia and Violeta to obtain their birth certificates for four years
and four months, even though they had complied with the requirements
established for children under 13 years of age;
(e)
The delivery of the birth certificates to the alleged victims in the
instant case was the result of a decision of the State, which could possibly
deny their validity in the future, owing to the way in which they were granted,
and
(f)
The collaboration agreement signed by the State at the end of 2001
eliminated several requirements that tended to hinder the late declaration
procedure; however, it retained the principal requirement of the parents’
identity cards, which is a contradiction to the principle of ius soli.
112.
that:
Regarding Article 24 of the American Convention, the Commission indicated
(a)
States may establish distinctions in the enjoyment of certain benefits
between its citizens, foreigners in a regular situation, and foreigners in an
irregular situation. Nevertheless, to do this, the content and scope of the
norm must be examined in detail, together with its justification and
consequences;
(b)
The treatment that the alleged victims received was due to
considerations relating to their origin, their name and the migratory status of
their parents. Policies and practices that are deliberately discriminatory, as
well as those that have a discriminatory impact on a specific category of
individuals are prohibited, even if the discriminatory intention cannot be
proved;
(c)
The secondary legislation applicable in this case is open and allows the
authorities of the Central Electoral Board and the Civil Status Registry Office
to establish the requirements for late declarations of birth and to apply them
discretionally, and
(d)
Although it has indicated that some officials may have shown a
discriminatory attitude, the State has not investigated or penalized such
practices.
113.
With regard to Article 3 of the Convention, the Commission stated that:
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