Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 133
2.
3.
4.
5.
6.
7.
8.
9.
cause the denial of Dominican nationality to persons born in the territory of
the Dominican Republic.
Adopt, within a reasonable period of time, legislative measures and, if
necessary, constitutional, administrative, and any other types of measures
required to regulate an accessible, non-discriminatory and simple birth
registration process, in order to ensure that all persons born on its soil may be
registered immediately after their births, irrespective of their descent or
origin or of the migratory situation of their parents.
Adopt, as soon as possible, the necessary measures to prevent Judgment
TC/0168/13 and the provisions of Articles 6, 8, and 11 of Law No. 169-14
from continuing to have legal effect.
Adopt, as soon as possible, the necessary measures to guarantee the right to
nationality of those persons who already had that right under the domestic
legal system in force between 1929 and 2010. The measures to guarantee the
right to nationality of the persons adversely affected by judgment 168-13
should be general and automatic. Such mechanisms should be simple, clear,
rapid, and fair. They may not be discretionary or be implemented in a
discriminatory fashion. The mechanisms must be economically accessible.
Guarantee that persons who had the right to Dominican nationality but were
not included in the Dominican Civil Registry are not required to register as
foreigners, as stipulated in Article 6 of Law No. 169-14.
Adopt, as soon as possible, the necessary measures to ensure that Dominicans
of Haitian descent who were registered have the necessary documentation to
prove their identity and Dominican nationality. Moreover, the State must
adopt the necessary measures to put an end to any administrative
investigations and to any civil and criminal judicial proceedings under way
concerning registration and documentation.
Adopt, as soon as possible, any necessary measures to ensure that Dominicans
of Haitian descent who were not registered are, as appropriate, duly
registered and have the necessary documentation to prove their identity and
Dominican nationality.
Carry out, within a reasonable period, ongoing, permanent training programs
on topics related to said population with a view to ensuring that: (a) racial
profiles do not in any way constitute the grounds for detention or expulsion;
(b) strict observance of due process guarantees during any proceedings
related to the expulsion or deportation of foreigners; (c) expulsions of persons
of Dominican nationality are not carried out, under any circumstances; and
(d) no collective expulsions of foreigners are carried out.
Ratify the 1954 Convention relating to the Status of Stateless Persons and the
1961 Convention on the Reduction of Statelessness.
Inter-American Commission on Human Rights | IACHR
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents