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status. 377 In Yean and Bosico v. Dominican Republic, the Inter-American Court
of Human Rights stressed the limits on States' application of nationality-related
rules and regulations. 378 The Yean and Bosico court struck down the Dominican
Republic's discriminatory application of nationality and birth registration laws
and regulations. 379 More recently, the International Court of Justice in Ukraine v.
Russian Federation allowed the discrimination charge against Russia to proceed
to trial, ruling that there would be a violation of the International Convention on
the Elimination of All Forms of Racial Discrimination if sufficient evidence exists
that Russian citizenship laws were adopted or executed with the purpose or effect
of racial discrimination against Crimean Tatars and ethnic Ukrainians in Crimea. 380
Hence, the determinations should be individuated, and the principle of nondiscrimination necessitates that only persons who are similarly situated be compared with each other. It levels off from the premise that human rights protection
relates to "a certain conception of the person and its relationship with others."381
Piercing should also acknowledge aspects of indirect discrimination that occur
when a practice, rule, requirement, or condition is facially neutral, but unduly impacts groups disproportionately. 382
The most distinct benefit of piercing lies in its ability to remove the anachronistic vision of bare citizenship as human rights protection. Piercing lifts the
false veil of protection that a status purports to grant an individual for a closer
look at the human condition. Since both inequality and discrimination are the
common threads tying all forms of rightlessness in the context of nationality and
statelessness, 383 piercing could also reveal interpositionalities and intersectionalities. Due to complex and layered vulnerabilities, different groups of people are
377. U.N. Human Rights Committee, General Comment No. 17: Article 24 (Rights of the Child),
¶ 8, 35th Session of the Human Rights Committee, U.N. Doc. HRI/GEN/Rev.9 (vol. I) (Apr. 7, 1989).
378. Yean and Bosico v. Dominican Republic, Merits, Reparations, and Costs, Judgment, InterAm. Ct. H. R.,No. 12.189, ¶¶ 191–192 (Sept. 8, 2005); see also Baluarte, supra note 345, at 51–52.
379. Yean & Bosico, supra note 378.
380. Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination
(Ukraine v. Russian Federation) (Prelim. Obj.), Judgment, 2019 I.C.J. 166 Nov. 8, 2019.
381. See Jacques Lenoble, The Implicit Ideology of Human Rights and Its Legal Expression, 8
LIVERP. L. REV. 153, 166 (1986).
382. For an analysis of indirect discrimination in statelessness, see James A. Goldston, Holes in
the Rights Framework: Racial Discrimination, Citizenship, and the Rights of Noncitizens, 20 ETHICS
INT. AFF. 321, 328 (2006).
383. For an analysis of the elements of discrimination and inequality in statelessness literature,
see generally Blitz, supra note 376.