Chapter 1 Introduction | 37
53.
54.
55.
56.
57.
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attributed to judgment TC/0163/13 and the principal standards involved; and,
finally, the IACHR’s conclusions and recommendations.
The fourth chapter concerns due process guarantees and judicial protection for
Dominicans of Haitian descent who are victims of various forms of discrimination
within the Dominican Republic. This chapter examines constitutional and legal
provisions on the subject of effective judicial protection and the guarantees of due
process; the chief concerns and principal standards regarding the access to justice,
judicial protection, and due process guarantees of Dominicans of Haitian descent.
The chapter ends with conclusions and recommendations.
The fifth chapter examines the intolerance, threats, and incitation to commit
violence against those who defend the right to nationality of Dominicans of Haitian
descent. This chapter sets out the provisions of the Constitution and the law on the
subject of freedom of expression, and the chief concerns and principal standards
pertaining to journalists, lawyers, human rights defenders and other public figures
who have voiced criticism of judgment TC/0168/13. It ends with conclusions and
recommendations.
The sixth chapter addresses the various types of discrimination against Haitian
immigrants and the right to due process in immigration proceedings. It explains the
chief concerns and international standards that apply to the effective enjoyment of
human rights by Haitian migrants in the Dominican Republic and ends with
conclusions and recommendations.
The frame of reference for the conclusions and recommendations will be the
instruments of the Inter-American Human Rights System (IAHRS) that the
Dominican Republic has ratified, 44 the case law developed by the organs of the InterAmerican System, the international corpus juris on the subject of human rights, the
Constitution of the Dominican Republic, and all other relevant domestic laws.
The information presented in this report is based on primary and secondary
sources. In the case of primary sources, during its visit to the Dominican Republic
and during various public hearings and working meetings held at headquarters, the
Commission received information supplied by affected persons and by officials at
various levels of government, civil society organizations, human rights defenders,
jurists, academics, journalists, and other international organizations working with
Dominicans of Haitian descent and migrants in the Dominican Republic. As for
secondary sources, for preparation of this report the Commission has used a number
of authoritative reports, documents, scholarly publications, and newspaper articles
The Dominican Republic has ratified the following instruments of the Inter-American Human Rights System:
the American Convention on Human Rights on January 21, 1978; the Inter-American Convention to Prevent
and Punish Torture on December 12, 1986; the Protocol to the American Convention on Human Rights to
Abolish the Death Penalty, on January 27, 2012; the Inter-American Convention on the Prevention, Punishment
and Eradication of Violence against Women – Convention of Belém do Pará – on January 10, 1996; the InterAmerican Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, on
February 5, 2007; it signed the Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights –Protocol of San Salvador- on November 17, 1988.
Inter-American Commission on Human Rights | IACHR
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