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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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