Chapter 3 Right to Equality and Non-Discrimination of Dominicans of Haitian Descent | 139 • • • • Mixed families (families where one of the parents is in an irregular migratory situation and the other a Dominican national with valid identity documents) who were discriminated against when registering their children’s births. Civil Registry authorities who systematically question the identity documents of persons who, in their view, “look” Haitian or have Haitian surnames. Civil Registry authorities who refuse to issue Dominican birth certificates to persons of Haitian descent but, conversely, issue birth certificates for foreigners. The refusal of hospitals to issue Dominican certificates of live birth to the children of parents with valid Dominican identity documents because they “look” Haitian and yet issue certificates of live birth to foreigners. 339. As a preliminary consideration, the Commission deems it is necessary to point out that Article 1.1 of the American Convention on Human Rights provides that: “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth, or any other social condition.” At the same time, Article 24 of the American Convention establishes the principle of equality before the law, on the basis of which: “All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.” 340. In keeping with the foregoing, the Commission and the Inter-American Court have repeatedly maintained that the right to equality and nondiscrimination is the central, basic axis of the inter-American human rights system. 320 The Commission has also noted that there are different concepts of the right to equal protection and non-discrimination. 321 One concept is the prohibition against any arbitrary difference in treatment—where difference in treatment understood as distinction, exclusion, restriction, or preference— 322 and another is related to the obligation of ensuring conditions of true equality for groups that have historically been excluded and are at greater risk of discrimination. 323 341. In turn, in its Declaration on Race and Racial Prejudice (Article 2.2), UNESCO established that Racism includes racist ideologies, prejudiced attitudes, discriminatory behavior, structural arrangements and institutionalized practices resulting in racial inequality as well as the fallacious notion that discriminatory 320 321 322 323 IACHR, Application to the Inter-American Court of Human Rights in the Case of Karen Atala and Daughters v. Chile, September 17, 2010, para. 74. I/A Court H.R. Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, par. 173.5. IACHR, Application to the Inter-American Court of Human Rights in the Case of Karen Atala and Daughters v. Chile, September 17, 2010, para. 80. United Nations, Human Rights Committee, General Comment 18, Non-discrimination, 10/11/89, CCPR/C/37, para. I/A Court H. R., Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC18/03 of September 17, 2003. Series A No. 18, par. 92; Fourth Progress Report of the Office of the Rapporteurship on Migrant Workers and their Families in the Hemisphere, OEA/Ser.L/V/II.117, doc. 1 rev. 1, IACHR Annual Report 2002, March 7, 2003, par. 58. IACHR, Application to the Inter-American Court of Human Rights in the Case of Karen Atala and Daughters v. Chile, September 17, 2010, para. 80. Inter-American Commission on Human Rights | IACHR