126 | Report on the Situation of Human Rights in the Dominican Republic guarantee of the right to identity and of the exercise of other rights, for the States to ensure proper registration of the births that take place on their soil. 301 The Commission considers that, although the recognition of civil identity forms part of international human rights law, this does not mean that States lose their discretion in implementing it. Thus, the right to official recognition of existence and of civil identity and to be treated as a member of society does not predetermine the means by which states regulate access to nationality, immigration, or identification systems. 302 303. In the Case of Expelled Dominicans and Haitians v. Dominican Republic, the InterAmerican Court found that the State violated their rights to recognition of juridical personality, to nationality, and to a name, embodied in articles 3, 20, and 18 of the American Convention on Human Rights, and, owing to these violations taken as a whole, the right to identity, in relation to the obligation to respect rights without discrimination; and therefore, with regard to the Civil Registry and the right to identity, it ordered the Dominican Republic: to adopt, within a reasonable period of time, the legislative and even, if necessary, the constitutional, administrative or any other type of measures required to regulate a simple and accessible procedure to register births, to ensure that all those born on its territory may be registered immediately after birth, regardless of their descent or origin, and the migratory situation of their parents. 303 304. Indeed, judgment TC/0168/13 constitutes a genuine, effective obstacle to the full enjoyment of the right to identity of all persons on Dominican soil, specifically those of Haitian descent. Moreover, the Commission considers that said judgment results in noncompliance with the special function of the Civil Registry to register all persons—without discrimination—after birth in the corresponding registers so as to guarantee the set of civil, political, economic, and social rights that result from possessing a civil identity and from being recognized by a State. 4. Obstacles to the effective enjoyment of rights stemming from the lack of recognition of juridical personality: inhuman and degrading conditions in the bateyes 305. During its visit, the Commission visited nine bateyes: Batey Libertad, in the province of Valverde; Batey Don Juan, Batey Monte Coca, and Batey Construcción, in the 301 302 303 I/A Court H.R. (2014). Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection. Advisory Opinion OC-21/14 of August 19, 2014. Series A No. 21, p. 105. Permanent Council of the Organization of American States, Explanation of the Rights Associated with Recognition of Identity for the Purposes of the Working Group to Prepare an Inter-American Program for a Universal Civil Registry and the “Right to Identity.” Working Group to Prepare an Inter-American Program for a Universal Civil Registry and the “Right to Identity.” Committee on Juridical and Political Affairs. OEA/Ser.G, CAJP/GT/DI/INF 20/08, February 4, 2008. I/A Court H.R. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 28, 2014. Series C No. 282. p. 172 Organization of American States | OAS