Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 97 Human Rights, and Article 14 of the International Covenant on Civil and Political Rights.” 228 222. Furthermore, in its observations on the present report, the Dominican State contended that “[a]ccording to IACHR’s interpretation, as well as that of the InterAmerican Court of Human Rights, the Dominican Republic could never have a nationality system that has any restrictive provisions based on whether or not the parents had migratory status that was regular, such as that of dozens of countries around the world, with even greater restrictions, because inevitably a restriction of that kind would exert the greatest impact on the group of persons who have that status, which in the case of the Dominican Republic turns out to be migrants from Haiti. On the basis of that interpretive approach to human rights with respect to nationality, the only option available to the country is the adoption of a totally open nationality system, which does not occur in the large majority of countries from the world’s diverse regions.” 229 223. In addition, the State sustained that: “When establishing its restrictions, the Dominican State is not acting arbitrarily or for discriminatory reasons, as the IACHR seems to be alleging when referring to the issue of limitations that States have at the time of drawing up their national systems in accordance with international law. The specific reality―probably unique in the world—of the complex relationship between the two nations (the Dominican Republic and Haiti) in the context of an island, especially in connection with the demographic issues, provides enough reasons for the Dominican Republic to establish a nationality system with certain reasonable restrictions. The Dominican State has a pressing public interest in adopting the standards it has drawn up with respect to nationality, which in addition are proportional and suitable for the objective that is to be achieved, such as the one that children born in Dominican territory of foreign parents become Dominican nationals if their parents have a regular migratory status in the country. It would be very different if the standards specifically excluded a group of persons because of their national origin.” 230 224. The Dominican State reiterated that “its norms are not aimed at discriminating against any group of persons for reasons of race, color, religion, or origin. The fact that they mainly and disproportionately impact, as stated by the IACHR, a specific group of persons is something arising from a social reality in a given historical context, as that occurring in many countries that have nationality systems with certain restrictions, although this does not imply that said countries are involved in any discrimination. In addition to the above, the Dominican State contended that: “It 228 229 230 Judgment of the Constitutional Court TC/0177/14 of August 13, 2014. Dominican Republic, Permanent Mission of the Dominican Republic to the Organization of American States. Note MP-RD-OEA 1395-15: Note whereby the note from the Ministry of Foreign Affairs with the Observations of the Dominican State on the “Draft Report of the Situation of Human Rights in the Dominican Republic” is forwarded. December 21, 2015, p. 10. Dominican Republic, Permanent Mission of the Dominican Republic to the Organization of American States. Note MP-RD-OEA 1395-15: Note whereby the note from the Ministry of Foreign Affairs with the Observations of the Dominican State on the “Draft Report of the Situation of Human Rights in the Dominican Republic” is forwarded. December 21, 2015, p. 10. Inter-American Commission on Human Rights | IACHR