70 | Report on the Situation of Human Rights in the Dominican Republic
B.
Commission is still unaware of what position the Dominican State will take with
respect to the judgment and what measures it plans to adopt to ensure the efficacy
of the Inter-American Court’s jurisdiction with respect to persons whose human
rights are violated. 154 The IACHR must point out that under the norms and principles
of international law, that judgment of the Constitutional Court has no legal effects. It
therefore urges the Dominican State to reaffirm its commitment to protecting the
human rights of all persons subject to its jurisdiction.
Constitutional and legal framework on the right to
nationality
1.
Acquisition of Dominican nationality prior to Constitutional Court
judgment TC/0168/13
145. In this section, the Inter-American Commission will explain the principal
constitutional and legal provisions, court rulings and administrative rules that have
determined how, since 1929, Dominican nationality is acquired on the basis of jus
soli. This historical review is necessitated by the fact that the effects of Constitutional
Court judgment TC/0168/13 on the acquisition of Dominican nationality extend as
far back as the Constitution that entered into force on June 21, 1929: the judgment
orders the Central Electoral Board to make a list, dating back to June 21, 1929, of
persons who were irregularly registered in the Dominican Civil Registry because
they do not meet the conditions required under the Constitution of the Republic for
attribution of Dominican nationality on the basis of jus soli.
146. The provision on the acquisition of Dominican nationality on the basis of the
principle of jus soli was first introduced in the Dominican Constitution of 1865,
which, in its Article 5, provided that: “Dominicans are: 1) All those who were born or
will be born in the territory of the Republic, regardless of the nationality of their
parents.” This formulation was altered with various constitutional amendments.
Nevertheless, since 1929 up to –but not including- the 2010 Constitution, the
Dominican Constitution provided that Dominicans would be:
[a]ll persons born in the territory of the Republic with the exception of the
legitimate children of foreigners resident in the country in diplomatic
representation or in transit. 155
154
155
Committee on the Rights of the Child, Concluding Observations on the combined third to fifth periodic reports
of the Dominican Republic. March 6, 2015, para. 27.
Diario Libre. November 23, 2014. Canciller: Gobierno valora planteamientos de Leonel Fernández sobre
sentencia de Corte IDH [Foreign Minister: Government appreciates Leonel Fernández’ observations on the
judgment of the I/A Court H.R.]; El Caribe. 22 de noviembre de 2014. Navarro descarta que en RD se violen
derechos humanos [November 22, 2014: Navarro dismisses notion that human rights are violated in DR]
See, Constitution of the Dominican Republic. June 20, 1929. Article 8(2). In its statement of reasons, the
Constituent Assembly’s Drafting Committee, charged with writing that Constitution, made the following
Organization of American States | OAS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents