40
188.
That Court also held that the right of the family to be protected and to live as a family,
recognized in Article 17 of the American Convention, means that the State is under the obligation not only
to decide and directly implement measures to protect children, but also to favor, in the broadest manner,
172
development and strengthening of the family nucleus.
189.
In the instant case, the victims have described the adverse consequences that their
uprooting has had on their life plan and family life, their difficulties in finding jobs and the economic means
necessary to survive and, in the case of the children, the obstacles they have encountered in pursuing
their education. Another consequence of their arbitrary and unlawful expulsion is that the victims are
afraid of returning to the Dominican Republic for fear they will be deported again.
190.
The Commission considers that in the cases of Benito Tide Méndez, Berson Gelin, Ana
Virginia Nolaco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy and Rafaelito Pérez Charles,
their expulsion, ipso facto, severed their ties to their nuclear family. In effect, the victims’ expulsion left
them unable to communicate with their families and broke up the family unit, which took a direct toll on
the family dynamic and rolls. The expulsions of Berson Gelin and Andrea Alezy separated them from
their children, who were minors at the time; the expulsion of Ana Lidia Sensión and Reyita Antonia
Sensión separated them from their father. The Commission has taken as fact that Ana Virginia Nolasco,
Ana Lidia Sensión and Reyita Antonia Sensión suffered great hardship just to be able to meet their basic
needs and neither of the girls was able to continue her education.
191.
While the Medina Ferreras family, the Fils-Aime family and the Jean familiy were expelled
with the family unit intact, they found themselves in a foreign country without resources of any kind and
without documentation, which had a direct effect on the children’s ability to pursue their educations and
on the economic and work-related activities of the family unit. In effect, the adult members of the two
families were unable to find work to be able to feed and educate their children; for their part, the children
were unable to continue their studies, to name just some of the hardships the two families endured.
192.
Based on the foregoing, the Commission considers that the State violated the right to
protection of the family, recognized in Article 17 of the American Convention, read in conjunction with the
obligation to respect rights without discrimination, set forth in Article 1(1) thereof, to the detriment of
Benito Tide Méndez, William Medina Ferreras, Lilia Jean Pierre, Wilda Medina, Luis Ney Medina,
Carolina Isabel Medina, Jeanty Fils-Aime, Janise Midi, Nene Fils-Aime, Diane Fils-Aime, Antonio FilsAime, Marilobi Fils-Aime, Endry Fils-Aime, Juan Fils-Aime, Andren Fils-Aime, Berson Gelin, Ana Virginia
Nolasco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy, Rafaelito Pérez Charles, Víctor Jean,
Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean, Nathalie Jean Carmen Méndez, Aíta
Méndez, Domingo Méndez, Rosa Méndez, José Méndez y Teresita Méndez, Carolina Fils-Aime, William
Gelin, María Esther Medina Matos, Jairo Pérez Medina, Gimena Pérez Medina, Antonio Sensión, Ana
Dileidy Sensión, Maximiliano Sensión, Emiliano Mache Sensión, Analideire Sensión, Gili Sainlis, Jamson
Gelin, Faica Gelin, Kenson Gelin, Jessica Jean, Víctor Manuel Jean.
D.
Right to humane treatment (Article 5 of the American Convention), read in
conjunction with the obligation to respect rights without discrimination (Article
1(1) of the American Convention)
…continuation
Governments should establish policies that are conducive to the bringing up of children in stable and settled family
environments. Families in need of assistance in the resolution of conditions of instability or conflict should be provided with requisite
services.
171
/A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, paragraph 67.
172
/A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, paragraph 66; I/A Court H.R., Case of the Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs.
Judgment of March 1, 2005. Series C No. 120, paragraph 141; Case of Chitay Nech et al. v. Guatemala. Preliminary Objections,
Merits, Reparations and Costs. Judgment of May 25, 2010. Series C No. 212, paragraph 157.