Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 131 D. Conclusions and recommendations 322. The historical facts concerning conflicts with the Haitian population and the development of racial ideologies are the foundations of judgment TC/0168/13 of the Constitutional Court, which represents a crucial stage in the State’s objective “to protect its national identity.” To this end, based on discriminatory and disproportionate considerations with retroactive effect, the Dominican State has chosen to arbitrarily deprive the right to nationality and juridical personality to Dominicans of foreign origin, in particular those of Haitian descent. 323. The Commission reiterates its concern about the various forms of discrimination against Dominicans of Haitian descent in their access to and possession of identity documents that prove their Dominican nationality. The discretionary practices of State officials, primarily of the Central Electoral Board, Civil Registry officials, the Office of the Director General for Immigration, and other security officials, together with the adoption of administrative, legal, and constitutional reforms and judicial decisions of the Constitutional Court and the Supreme Court of Justice, have resulted in a violation of the rights to juridical personality, nationality, equality before the law, and the principle of nondiscrimination against Dominicans of Haitian descent. These measures have caused that many of these people who did not have a nationality other than the Dominican one have become stateless. 324. The Commission notes with concern that the legislative and constitutional measures governing the right to nationality in the Dominican Republic have been changing into a process geared toward denationalizing the children of Haitian immigrants whose migratory situation is irregular and even those with a regular migratory situation. The legal framework and the implementation of its provisions have worsened over time through the different stages beginning in the 1980s. 325. The serious nature of the facts covered in this chapter indicates that the situation of Dominicans of Haitian descent, rather than improving, has worsened over the years as a result of legislative, judicial, administrative, and constitutional practices and measures adopted by various Dominican authorities, which, instead of ameliorating the situation of those affected, have managed to perpetuate the violations of their human rights. In this regard, the Inter-American Commission is of the view that the magnitude and protracted nature of this problem and of the repeated, ongoing violations of multiple human rights of the Dominicans of Haitian descent point to the existence of an inconventional state of affairs. The situation of Dominicans of Haitian descent reflects multiple, widespread violations of their rights as recognized in the American Convention and other relevant inter-American instruments. 326. In this context, the interpretation adopted by the Constitutional Court in judgment TC/0168/13 involved the judicial assimilation of the measures and policies that other Dominican authorities had been promoting for years, exacerbated by the fact that said interpretation would be applied retroactively to all persons born in the Dominican Republic of immigrant parents in an irregular situation since June 21, 1929. Judgment TC/0168/13 gave rise to a general measure that arbitrarily deprived a large number of persons of their Dominican nationality and left stateless Inter-American Commission on Human Rights | IACHR