130 | Report on the Situation of Human Rights in the Dominican Republic
problems, questions about identity, and problems in interpersonal relations that
cause damage at all levels.” 310
319. In the Inter-American Court Case of the Girls Yean and Bosico v. the Dominican
Republic, the expert report of psychologist Débora E. Soler Munczek following her
interview of the girls Dilcia Yean and Violeta Bosico, along with their next of kin,
determined that the environment of discrimination and stigmatization against those
of Haitian descent residing in the Dominican Republic had permeated the
psychological structure not only of the girls Dilcia Yean and Violeta Bosico and their
families but also of the community as a whole. The self-esteem and self-perception of
the two girls and their conception of trust, personal safety, and the world around
them had been affected significantly owing to the environment of discrimination and
stigmatization. Even though the families were more relaxed now that they had
received birth certificates issued by the State, their fear of deportation persisted. 311
320. In that connection, the Inter-American Court has recognized the situation of
vulnerability in which Dominicans of Haitian descent who have been deprived of
their Dominican nationality find themselves. The Court has also acknowledged that
the absence of a birth certificate has effects on the effective enjoyment of other
rights, for example, the right to education, and causes suffering and insecurity for the
person affected. 312 Likewise, the Inter-American Court has considered the situation
of vulnerability that the State imposed on Dominicans of Haitian descent, owing to
the very real fear that they could be expelled from the Dominican Republic, of which
they were nationals, owing to the lack of birth certificates, and to the various
difficulties they faced to obtain these documents. This caused uncertainty and
insecurity among their family members, resulting in a violation of their right to
humane treatment, established in Article 5 of the American Convention, in
connection with Article 1.1 thereof. 313
321. In this connection, the Commission notes with concern that the measures aimed at
arbitrarily denying nationality to Dominicans of Haitian descent and the resulting
statelessness of those who did not have another nationality have damaged the
psychological integrity of these persons and have at the same time promoted their
social ostracism. The historical demographic composition of the bateyes, or of places
that were previously bateyes, is a clear reflection of how the social ostracism of
Dominicans of Haitian descent and of Haitians has been manifested.
310
311
312
313
CIVOLANI HISCHNJAKOW, Katerina. Vidas Suspendidas: Efectos de la Resolución 012-07 en la población
dominicana de ascendencia haitiana [Suspended lives: Effects of Resolution 012-07 on the Dominican
population of Haitian descent]. Centro Bonó: Santo Domingo, 2011, p. 76.
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Judgment of September 8, 2005. Series
C, No. 130, par. 85.
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Judgment of September 8, 2005. Series
C, No. 130, par. 204.
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Judgment of September 8, 2005. Series
C, No. 130, pars. 205-206.
Organization of American States | OAS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents