THE RISK OF STATELESSNESS 66 YALE HUMAN RIGHTS & DEVELOPMENT L.J. 2017 [Vol. 19 defined under the law were irregular migrants, borderland populations, students, and temporary workers—categories that were generally considered to overlap with the majority of the Haitian migrant population in the Dominican Republic.118 The international human rights community became increasingly engaged in the plight of Haitian migrants and their children throughout this period.119 The most concrete intervention to address discriminatory practices related to nationality came with The Girls Yean and Bosico v. Dominican Republic, a case decided by the Inter-American Court in 2005.120 The case of Dilcia Yean and Violeta Bosico was emblematic of the plight of the children of Haitian descent.121 These two girls had Dominican mothers and Haitian fathers, and were born in or around bateyes— communities of agricultural workers who labored on sugar plantations— rather than in hospitals.122 When their mothers traveled to the civil registry to request late issued birth certificates, they were told that they did not qualify because they could not meet onerous documentary requirements.123 Unable to secure a birth certificate, Violeta was forced to leave fourth grade and had to study in night school with adults.124 Moreover, the children suffered psychologically as a result of the marginalization and discrimination they suffered.125 Theirs was the experience of many children of Haitian descent in the Dominican Republic at that time, who were similarly denied birth certificates despite their apparent right to Dominican nationality under the Constitution.126 The Inter-American Court set forth an international law framework which limited the discretion of the Dominican Republic in matters of nationality: “on the one hand, by their obligation to provide individuals with the equal and effective protection of the law and, on the other hand, by their obligation to prevent, avoid and reduce statelessness.”127 The Court found that Dominican authorities had arbitrarily applied overly strict documentary requirements to the girls’ requests for late registration, and refused to register their births when they failed to meet those requirements.128 The Court considered the actions of the civil registry in the 118. Id. 119. See Inter-Am. Comm’n H.R., Report on the Situation of Human Rights in the Dominican Republic, Chap. IX, OEA/Ser.L/V/II.104, doc. 49 rev. 1 (Oct. 7, 1999), http://www.cidh.org/countryrep/DominicanRep99/Chapter9.htm [https://perma.cc/M5J4GCLS]. 120. The Girls Yean and Bosico at 85 (indicating the date of the judgment). 121. See Joshua Armstrong, Dark Skin and ‘Strange’ Name Lead to Landmark Ruling, BORDERLANDS INITIATIVE, CRONKITE http://cronkite.asu.edu/buffett/dr/landmark_ruling.html [https://perma.cc/SX28-GDUJ]. 122. The Girls Yean and Bosico ¶¶ 109(6)-109(8). 123. Id. ¶¶ 109(14)-109(17). 124. Id. ¶¶ 109(34)-109(37). 125. Id. ¶ 86(c)(1) (summarizing an Expert Report by Débora E. Soler Munczek, psychologist). 126. Id. ¶ 85(b)(1) (summarizing an Expert Report by Samuel Martínez, anthropologist). 127. Id. ¶ 140. 128. Id. ¶ 166. Electronic copy available at: https://ssrn.com/abstract=3111529