252. To examine the arguments of the Commission and the parties, the Court finds it
desirable to begin by indicating general standards relating to the arguments submitted on
the relevant rights and obligations. It will then examine the alleged violations to the
detriment of those whose personal documentation was ignored by the Dominican
authorities and, after that, will analyze the alleged violations suffered by the presumed
victims who lack this documentation. Lastly, it will consider the arguments on the
obligation to adopt domestic legal provisions established in Article 2 of the American
Convention.
C.1. Rights to nationality and to equality before the law
253. Regarding the right to nationality recognized in Article 20 of the American
Convention, the Court has indicated that nationality, “as a legal and political bond that
links a person to a particular State, allows the individual to acquire and to exercise the
rights and responsibilities inherent in membership in a political community. As such,
nationality is a prerequisite for the exercise of certain rights,” 284 and it is also a nonderogable right according to Article 27 of the Convention. 285 In this regard, it is pertinent
to mention that nationality is a fundamental right of the human person that is established
in other international instruments. 286
254. Furthermore, it should be mentioned that the American Convention includes two
aspects of the right to nationality: the right to a nationality from the perspective of
endowing the individual with the basic legal protection for a series of relationships by
establishing his connection to a specific State, and the protection of the individual against
the arbitrary deprivation of his nationality because this would deprive him of all his
political rights and of those civil rights that are based on a person’s nationality. 287
255. This Court has established that:
Nationality, as it is mostly accepted, should be considered a natural condition of the human
being. This condition is not only the very basis of his political status but also part of his civil
status. Consequently, even though it has traditionally been accepted that the determination and
regulation of nationality fall within the competence of each State, developments in this area
reveal that international law has imposed certain limits on the State’s margin of discretion. 288
284
Cf. Case of the Yean and Bosico Girls v. Dominican Republic, para. 137.
285
Cf. Case of the Yean and Bosico Girls v. Dominican Republic, para. 136. On this issue, the Court has
recognized the rights that cannot be suspended as a non-derogable nucleus of rights; in this respect, cf. Case of
the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31, 2006. Series C
No. 140, para. 119, and Case of González et al. (“Cotton Field”), para. 244. The Court recalls that the right to
nationality cannot be suspended according to Article 27 of the Convention. In this regard, cf. Habeas Corpus in
Emergency Situations (arts. 27(2), 25(1) and 7(6) American Convention on Human Rights). Advisory Opinion
OC-8/87 of January 30, 1987. Series A No. 8, para. 23.
286
Cf. Among others, the American Declaration of the Rights and Duties of Man, Article XIX; the Universal
Declaration of Human Rights, Article 15; the International Covenant on Civil and Political Rights, Article 24(3)
(rights of the child); the Convention on the Rights of the Child, Article 7; the International Convention on the
Elimination of All Forms of Racial Discrimination, Article 5 (d) (iii); International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families, Article 29; the Convention on the Reduction of
Statelessness, Article 1(1); the European Convention on Nationality, Article 4; the African Charter on the Rights
and Welfare of the Child, Article 6.
287
Cf. Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984, Series A No. 4, para. 34, and Case of Gelman v. Uruguay. Merits and
reparations. Judgment of February 24, 2011 Series C No. 221, para. 128.
288
Cf. Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica. OC-4/84,
para. 32.
83
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