YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
71
analysis, which included reference to the Haitian legal framework, and
concluded that “the appellant d[id] not face a risk of statelessness.”159
The Constitutional Court acknowledged that the 1961 Convention, the
CRC, and the ICCPR each required that the Dominican Republic guarantee
nationality to a child born in its territory that would otherwise be left
stateless.160 However, the Constitutional Court found that this protection
was not triggered in the case of Ms. Deguis. The Court cited the
Constitution of Haiti, which provides that “Haitians of origin are: . . . 2.
Everyone born in foreign territory to a Haitian father or mother.”161 The
Court went on to reiterate that this guarantee of jus sanguinis nationality
was present in Haitian Constitutions spanning more than a century.162 The
Constitutional Court concluded that Ms. Deguis had acquired Haitian
nationality under the Haitian Constitution, and that the international
protection against statelessness therefore did not apply.163 The
Constitutional Court went on to highlight that the right to Haitian
nationality was guaranteed through mechanisms for consular birth registry,
and that Ms. Deguis’ parents should have registered her birth though the
established process.164
The decision of the Constitutional Court caused international outcry,
and its order requiring Dominican authorities to review the birth registry
and identify persons who had received Dominican nationality in error was
widely viewed as the culmination of the campaign of denationalization.165
The Inter-American Court responded in 2014, in the context of a case that
had been pending against the Dominican Republic before the InterAmerican system for nearly fifteen years.166
limit the “in transit” concept to 10 days).
159. Id. at 75.
160. Id. at 76-77.
161. Id. at 77.
162. See id. at 78 (finding similar provisions in the Constitutions of Haiti from 1843, 1846,
1849, 1867, 1874, 1879, 1888, 1889, 1946, 1957, 1964, 1971, 1983, 1987, and 2011).
163. Id. at 78; see also id. at 79-80 (highlighting that the same logic had been applied by a
Spanish court, which had found that a child born to Dominican parents could not acquire
Spanish nationality under a theory of statelessness protection because the Dominican
Constitution provided for Dominican nationality jus sanguinis).
164. Id. at 81.
165. See, e.g., Amnesty Int’l Report on Stateless People in the Dominican Republic, supra note 13,
at 11-21; Human Rights Watch Report on Arbitrary Deprivation of Nationality in the Dominican
Republic, supra note 5; Open Soc’y Justice Initiative, Dominican Republic Court Ruling Raises Mass
SOC’Y
FOUNDS.
(Oct.
2,
2013),
Statelessness
Threat,
OPEN
https://www.opensocietyfoundations.org/press-releases/dominican-republic-court-rulingraises-mass-statelessness-threat [https://perma.cc/T3ZK-N3KT].
166. Case of Expelled Dominicans and Haitians v. Dominican Republic, Preliminary
Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 282, ¶¶ 36 (Aug. 28, 2014) (explaining the procedural background of the case against the Dominican
Republic).
Electronic copy available at: https://ssrn.com/abstract=3111529
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