Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 129
the poverty situation and ultimately results in these persons and their families
continuing to be poor since they do not have the knowledge and skills to get out of or
overcome their situation.
5.
Impact on the right to humane treatment of the persons affected
316. Affected persons who offered their testimony to the IACHR during the visit
repeatedly commented that the fact that Dominican authorities did not recognize
their nationality had a serious emotional and psychological impact on them and
their families, inasmuch as they did not have any other nationality. On numerous
occasions, the people who testified before the Commission burst into tears when
describing the uncertainty and vulnerability they felt because their Dominican
nationality was not recognized.
It brings me to tears knowing that I was born here and that I can’t work
anywhere. I’m not from here, I’m not from there. I’m a nobody […] In
school, I feel uncomfortable whenever the teacher talks about the
Constitutional Court’s ruling. If I’m not from here or from Haiti, where am
I from? 308
317. During the visit, the Commission was able to observe that the fact that some of the
people affected spoke the language of their parents or grandparents was also a
factor that contributed to their exclusion and victimization. In some of the testimony
received by the Commission, a Haitian women brought her grandson, who was about
10 years old, to testify since her Spanish was limited. The child ended up giving most
of the testimony. Whenever the child said a word in French, his grandmother
scolded him saying that he could not speak that language in public.
318. The loss of self-esteem and the profound trauma frequently experienced by stateless
persons have been extensively documented. 309 One study on the living conditions of
15 Dominicans of Haitian descent who were affected by Circular No. 17-2007 and
Resolution No. 12-2007 established that “the psychological and identity-related
effects have a very serious impact on the lives of the persons affected. Each episode
of discrimination, rejection, negation, etc., is part of their memories and makes it
difficult for them to move forward in any area of their lives. This leads to morale
308
309
A 15-year-old youth born in the Dominican Republic. Testimony received by the IACHR during the onsite visit
to the Dominican Republic. Santo Domingo, December 3, 2013.
CONKLIN, William E. Statelessness: The Enigma of an International Community. Hart Publishing: Oxford and
Portland, 2014, p. 133, citing UN Ad Hoc Committee on Refugees and Stateless Persons, A Study on
Statelessness. August 1, 1949, UN Doc E/1112/Add.1, s 3; and McDOUGAL, MS; LASSWELL, HD; and CHEN, LC.
“Nationality and Human Rights: The Protection of the Individual in External Arenas” (1974) 83 Yale Law
Journal, pp. 901-903.
Inter-American Commission on Human Rights | IACHR
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