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239. The Court finds that, pursuant to Article 2 of the American Convention and
within a reasonable time, the Dominican Republic should adopt within its domestic
laws, the legislative, administrative and any other measures needed to regulate the
procedure and requirements for acquiring Dominican nationality by late declaration of
birth. This procedure must be simple, accessible and reasonable, because, to the
contrary, applicants could remain stateless. Furthermore, there must be an effective
recourse for cases in which the request is refused.
240. The Court finds that, when establishing the requirements for late registration of
birth, the State should take into consideration the particularly vulnerable situation of
Dominican children of Haitian origin. The requirements should not constitute an
obstacle for obtaining Dominican nationality and should be only those essential for
establishing that the birth occurred in the Dominican Republic. In this regard, the
identification of the father or the mother of the child cannot be restricted to the
presentation of the identity card; rather, for this purpose, the State should accept
another appropriate public document, since the said identity card is only held by
Dominican citizens. Moreover, the requirements should be specified clearly and be
standardized, and their application should not be left to the discretion of State officials,
in order to guarantee the legal certainty of those who use this procedure and to ensure
an effective guarantee of the rights embodied in the American Convention, pursuant to
Article 1(1) of the Convention.
241. The State should also take the permanent measures necessary to facilitate the
early and opportune registration of children, irrespective of their parentage or origin, so
as to reduce the number of individuals who resort to the procedure of late registration
of birth.
242. The Court also finds that the State should implement, within a reasonable
time, a program to provide training on human rights, with special emphasis on the
right to equal protection and non-discrimination, to the State officials responsible for
registering births, during which they should receive guidance on the special situation
of children, and a culture of tolerance and non-discrimination is fostered.
*
*
*
243. The Commission and the representatives alleged that the children’s
nationality is not safe, because the State issued their registration documents in
violation of the pertinent domestic regulations and could revoke them at any time.
The State indicated that the children’s birth certificates are of a permanent nature
because they were issued by the competent authority. The Dominican Republic, in
the exercise of its powers, delivered birth certificates to the children Dilcia Yean and
Violeta Bosico on September 25, 2001, and on that date granted them Dominican
nationality (supra paras. 109(32), 109(33) and 147). The Court considers that the
State made a positive contribution by granting the children Dominican nationality, by
which it ensured them the rights to nationality, juridical personality and a name.
d)
Regarding education
244.
The State should comply with its obligation to guarantee access to free
primary education for all children, irrespective of their origin or parentage, which
arises from the special protection that must be provided to children.
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