Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 79
application on the grounds that the registration of her birth at the Yamasá Municipal
Documentation Center was irregular as she was the daughter of Haitian nationals
“who have illegally and irregularly had their children’s births registered in vital
records, in flagrant violation of the Constitution in force at the time.”174 According to
the data shown in the record of Mrs. Deguis’ birth, her father and mother had
documents identifying them as workers of Haitian nationality. 175
171. When the authorities refused to issue her documents, Juliana Deguis filed a petition
against the Central Electoral Board seeking constitutional relief. Her petition was
filed with the Civil and Commercial Chamber of the Court of First Instance of the
Monte Plata Judicial District, and it alleged that her human rights were being
violated. She was petitioning the court to order that her birth certificate be returned
and her identity card issued. 176 In a July 10, 2012 ruling, the court denied the
petition seeking constitutional relief on the grounds that Juliana Deguis had been
unable to prove her allegations since she had not introduced her original birth
certificate; the court ignored the fact that the original birth certificate had been
retained by the State itself at its own Documentation Center when she went there to
apply for her identity and voter registration card. 177
172. Mrs. Deguis then filed a petition for review of the decision on her petition for
constitutional relief. The case finally made its way to the Constitutional Court. When
it took up Mrs. Deguis Pierre’s case, the Constitutional Court maintained that under
domestic and international law, the Dominican Republic has the authority to
determine who its citizens are. 178 Elaborating, it wrote that Dominican nationality is
acquired: a) through consanguinity or jus sanguinis; b) through place of birth or jus
soli, and c) through naturalization. One of the exceptions to the generic rule for
applying jus soli is the category of foreigners in transit.
173. When it examined the category of foreigners in transit, the Constitutional Court
maintained that this category is regulated in all the Dominican constitutions
subsequent to 1929, including the 1966 Constitution in force at the time Mrs. Deguis’
birth was registered. Article 11(1) of the 1966 Constitution provided that Dominican
nationality could be acquired by any person born on the territory of the Republic,
with the exception of the legitimate children of foreign residents in the country as
diplomatic representatives or foreigners in transit. It also observed that with the
2010 Constitution, the category of “foreigners in transit” was expanded by adding a
174
175
176
177
178
178
Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013, pp. 6 and 15.
Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013, p. 54.
Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013, pp. 2-4.
Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013, pp. 20-21.
As the basis for this power at the national level, the Constitutional Court points to the immigration-related
authorities given to the National Congress (Article 37(9) of the Constitution), and to the Office of the Director
General of Immigration (Article 2 of the 1939 Immigration Law). At the international level, it cites the following
precedents: Advisory Opinion on the Nationality Decrees Issued in Tunis and Morocco, Permanent Court of
International Justice (1923); the Nottebohm Case of the International Court of Justice (1955); Advisory Opinion
on the Proposed Amendment to the Political Constitution of Costa Rica and the Castillo Petruzzi Case of the
Inter-American Court of Human Rights (1984 and 1999), and various cases decided by the Court of Justice of
the European Communities..
Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013.
Inter-American Commission on Human Rights | IACHR
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