75
(b)
The violations committed by the Dominican Republic subjected the
children Dilcia and Violeta to grave and irreparable damage, which included
negative psychological consequences;
(c)
The mothers of the children Dilcia and Violeta suffered harm when the
State refused their children their rights to juridical personality, nationality and
a name, because they feared their children could be expelled from the
Dominican Republic. Moreover, they had to face the possibility that their
daughters would never be acknowledged as persons and as Dominicans by
the State, and
(d)
The fear and uncertainty caused by the State’s past and continuing
violations has created feelings of anxiety and uncertainty for the children
Dilcia and Violeta and their next of kin. Consequently, they requested the
Court to order the State to pay, for non-pecuniary damage, US$8,000.00
(eight thousand United States dollars) to each child; US$4,000.00 (four
thousand United States dollars) to their mothers, and US$2,000.00 (two
thousand United States dollars) to Teresa Tucent Mena, Violeta’s sister.
Arguments of the State
220.
The State argued that:
(a)
No form of compensation was appropriate in this case because no
causal relationship has been established between the effective damage to the
alleged victims and the alleged acts and omissions of the State. To the
contrary, it was the children’s mothers who did not take up and use the legal
instruments made available to them by the State in order to comply with the
obligation of all Dominicans to register their children, and
(b)
It would be a financial impossibility for the State to pay these
expenses because, should they be awarded to the applicants, based on the
principle of non-discrimination it would have to make financial reparation to
all the other citizens who have carried out similar measures, and this would
seriously undermine the Dominican Republic’s financial reserves.
Considerations of the Court
221. This Court will not rule on pecuniary damage in favor of the victims or their
next of kin, since neither the Commission nor the representatives requested
compensation for this concept.
222. Non-pecuniary damage can include the suffering and hardship caused to the
direct victims and to their next of kin, the harm of objects of value that are very
significant to these people, and also changes, of a non-pecuniary nature, in the living
conditions of the victims or their family.117
223. International case law has established repeatedly that the judgment
constitutes, per se, a form of reparation. However, owing to the circumstances of the
117
Cf. Case of Acosta Calderón, supra note 13, para. 158; Case of Yatama, supra note 13, para.
243, and Case of Fermín Ramírez, supra note 13, para. 129.
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