72
arguments, this Court considers that these allegations are time-barred; however,
nothing prevents it from examining them, under the iura novit curia principle.113
204. In this case, the Court acknowledges the situation of vulnerability of the Yean
and Bosico children when they did not obtain Dominican nationality. Also, owing to
the lack of a birth certificate, the child Violeta Bosico was unable to enroll in day
school, but was obliged to enroll in evening classes, during the 1998-1999 school
year. This caused her suffering and uncertainty; the Court will therefore assess these
circumstances when establishing the pertinent reparations, and will not refer to the
alleged violation of Article 5 of the American Convention to the detriment of the
children.
205. With regard to the next of kin of the children Dilcia Yean and Violeta Bosico,
based on the American Convention and in light of the said iura novit curia principle,
the Court considers that Leonidas Oliven Yean and Tiramen Bosico Cofi, the
children’s mothers, and Teresa Tucent Mena, the child Violeta’s sister, were also
caused uncertainty and insecurity by the situation of vulnerability that the State
imposed on the Yean and Bosico children, owing to the very real fear that they could
be expelled from the Dominican Republic, of which they were nationals, owing to the
lack of birth certificates, and to the various difficulties they faced to obtain these
documents.
206. Based on the above, the Court considers that 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.
207. Regarding Article 12 of the American Convention, the Court considers that the
facts of the instant case are not adapted to it, so the Court will not rule on it.
XIII
REPARATIONS
APPLICATION OF ARTICLE 63(1)
Obligation to repair
208. In accordance with the considerations in the preceding chapters, the State is
responsible for the violation of the rights embodied in Articles 3, 18, 20 and 24 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. The State is also responsible for the violation of the right embodied in Article
5 of the Convention, in relation to Article 1(1) thereof, to the detriment of Leonidas
Oliven Yean and Tiramen Bosico Cofi, the victims’ mothers and Teresa Tucent Mena,
the child Violeta Bosico’s sister. Article 63(1) of the American Convention establishes
that:
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his right
113
Cf. Case of Durand and Ugarte. Judgment of August 16, 2000. Series C No. 68, para. 76; Case of
Castillo Petruzzi et al. Judgment of May 30, 1999. Series C No. 52, para. 166, and Case of Blake.
Judgment of January 24, 1998. Series C No. 36, para. 112.
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