54
name and identity; consequently, it is necessary to ensure juridical
personality, and
(b)
The children were deprived of the fundamental right to recognition of
juridical personality for more than four years. During this time, the children
Dilcia and Violeta lived in a situation of illegality in which they were
permanently at risk of deportation to Haiti. Without a birth certificate, they
could not obtain legal property titles, they could not obtain an identity card,
and they would not have been allowed to vote when they came of age.
119.
As regards Article 18 of the Convention, the representatives argued that:
(a)
The right to a name, as the right to nationality and to juridical
personality, is a fundamental right and can never be suspended. The right to
a name is closely linked to the identity of an individual and is associated with
the rights to privacy and juridical personality;
(b)
The State has failed to comply with its obligation to ensure to Dilcia
and to Violeta their right to a name, by refusing to grant them a birth
certificate for more than four years. Without official names, the children Dilcia
and Violeta did not have any of the State protections that arise from
registration of a name, and
(c)
Since the Public Prosecutor and the Central Electoral Board maintained
that the children had not complied with the requirements, the State granted
them birth certificates illegally because they had not complied with the
requirements; this action could therefore be revoked by the State.
Consequently, the violation is continuing, because their rights have still not
been assured.
Arguments of the State
120.
With regard to Article 19 de Convention, the State indicated that:
(a)
The fact that Violeta has had problems with her education is not the
State’s responsibility, because the different reasons that have prevented her
from studying continuously have been caused by her family, since they
changed their place of residence constantly and she had to leave several
educational establishments abruptly. Even though Violeta did not present her
birth certificate, she was allowed to attend school for several years, and
(b)
Despite the efforts of the competent public bodies to ensure the right
to education and facilitate the enrolment of all children of school age, there is
an unavoidable public policy rule with regard to education that makes it
necessary to enroll children with their birth certificates.
121.
In relation to Article 20 of the American Convention, the State argued that:
(a)
The fact that the children are of Haitian origin bears no relationship to
the reasons why the civil status registrars did not register them and
acknowledge their Dominican nationality. The decision was based on noncompliance with the presentation of the requirements to opt for this
nationality. There is no evidence that the Registry Office refused to register
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