C.
Principal concerns and standards regarding the right to nationality
of Dominicans of Haitian descent and judgment TC/0168/13
1.
2.
3.
4.
D.
5.
The arbitrary and retroactive deprivation of the right to nationality of
Dominicans of Haitian descent
The stateless condition of persons of Haitian descent
The right to identity of persons of Haitian descent
Obstacles to the effective enjoyment of rights stemming from
the lack of recognition of juridical personality: inhuman and
degrading conditions in the bateyes
Impact on the right to humane treatment of the persons affected
Conclusions and recommendations
CHAPTER 3 | RIGHT TO EQUALITY AND NON-DISCRIMINATION
OF DOMINICANS OF HAITIAN DESCENT
87
99
117
123
126
129
131
137
A.
General considerations
137
B.
Constitutional and legal framework for equality and non-discrimination
140
C.
Main concerns and standards on the forms of discrimination affecting
Dominicans of Haitian descent as a result of Judgment TC/0168/13
143
D.
1.
2.
Structural discrimination against persons of Haitian descent
Intersectoral discrimination against persons of Haitian descent
Conclusions and recommendations
146
149
155
CHAPTER 4 | ACCESS TO JUSTICE AND DUE PROCESS GUARANTEES
163
FOR DOMINICANS OF HAITIAN DESCENT
A.
General considerations
163
B.
Constitutional and legal framework
165
C.
Principal concerns and standards relating to access to justice, judicial
protection and due process guarantees
167
1.
1.
D.
Due process and judicial protection in proceedings in which Dominicans
of Haitian descent are ultimately deprived of their nationality
169
Access to justice and judicial protection in the case of Dominicans
of Haitian descent who experience multiple forms of discrimination
in many areas of their daily lives
183
Conclusions and recommendations
188
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