27
The case of the child Violeta Bosico is not the only case of a child who does not have
access to education. Similar cases have been documented by the non-governmental
organizations, MUDHA, and the Comité Dominicano de Derechos Humanos.
b)
Proposed by the State
2)
Amada Rodríguez
Education School
Guante,
Director
of
the
Palavé
Basic
She is the director of the Palavé Basic Education School where the child Violeta
Bosico studied. The child Violeta Bosico completed basic education in eight courses.
This school, as any institution, is regulated by law and, therefore, has a rule that a
birth certificate is required in order to enroll a child. The mother is required to
produce their birth certificates when she enrolls her children in school. The child
Violeta Bosico decided to change from day school to evening classes, where she
completed two years during one school year. By law, the evening session is for
adults only; that is, those over 18 years of age; but children under 18 years of age
can also take the courses. She is not sure how old the child Violeta Bosico was when
she attended the school for adults in the evening. Parents have the right to decide
where their children attend school. A birth certificate is required to avoid a child
enrolling under a different given name or surname. When she started school, the
child Violeta Bosico was enrolled under the surname of Richard and then, in eighth
grade, when she presented the document, it appeared that her surname was Bosico.
3)
Thelma Bienvenida Reyes, Civil Status Registrar of Sabana
Grande de Boyá
Children should be registered within sixty days of birth. However, this can vary
depending on whether the mother lives in a rural or an urban area: sixty days for an
urban area and ninety days for a rural area. The requirements for a regular
declaration are the birth certification from the hospital or clinic or from the auxiliary
mayor, and the parents’ identity cards, together with their marriage certificate if they
are married. The declaration can be made by the mother, the parents, or the
midwife; anyone can make the declaration. The requirements for late declarations
are: the same birth certification, the parents’ identity cards, a school certification of
whether they attend school or not, and a certificate from the Church stating whether
they are baptized or not. In the case of the children Dilcia Yean and Violeta Bosico
the declaration was not in order, because the identity cards were not presented;
merely the certification from the mayor and another one from the hospital. When the
attempt was made to register the children Dilcia Yean and Violeta Bosico, they were
about one year old and about 11 or 12 years old, respectively. With regard to the
procedure, there is a communication from Manuel Ramón Morel Cerda, President of
the Central Electoral Board stating that the procedure complied with the law. The
Public Prosecutor is not empowered to establish requirements for late declarations. A
negative decision regarding birth registration can be appealed before the hierarchic
tribunal which is the Central Electoral Board; then there is the procedure of the
Public Prosecutor, and also the remedy of amparo. In the case of a late declaration,
any probative documents that are considered necessary can be requested, even
though they are not included among the requirements set out in the resolutions of
the Central Electoral Board.
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