Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 67
6, 8 and 11 of Law No. 169-14 from continuing to have legal effects” and to “adopt,
within a reasonable time, the measures required to annul any law or regulation of
any nature, whether administrative, regulatory, legal or constitutional, as well as any
practice, decision, or interpretation that establishes or has the effect that the
irregular status of parents who are aliens constitutes grounds for denying
Dominican nationality to those born on the territory of the Dominican Republic.” 141
135. On November 4, 2014, thirteen days after issuance of the Inter-American Court’s
judgment in the Case of Expelled Dominicans and Haitians v. Dominican Republic, the
Dominican Republic’s Constitutional Court delivered judgment TC/0256/14 in
which it declared unconstitutional the document that the Dominican Republic had
deposited with the OAS General Secretariat in which it accepted the jurisdiction of
the Inter-American Court of Human Rights. The Constitutional Court’s judgment was
based on the argument that the document had not been approved by Congress. 142
136. In keeping with Article 62 of the American Convention, the instrument accepting the
binding jurisdiction of the Inter-American Court was approved on February 19, 1999
by the then President of the Dominican Republic, Leonel Fernández, and
subsequently deposited on March 25, 1999, by former Ambassador Flavio Darío
Espinal, Permanent Representative of the Dominican Republic to the OAS at the
time. 143
137. It is worth recalling what the Inter-American Court wrote concerning the object and
purpose of human rights treaties, such as the American Convention on Human
Rights, to the effect that its object and purpose is the protection of the basic rights of
individual human beings irrespective of their nationality, 144 and this requires that
its provisions be applied in such a way as to exert a useful impact. Unlike the classic
international treaty, intended to create subjective and reciprocal obligations among
States Parties, the obligations that the States undertake upon ratifying treaties for
collective protection of human rights, such as the American Convention, are
essentially objective in nature and designed to protect the human rights of human
beings from violations committed by a State Party. For its part, the Convention
141
142
143
144
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., par. 172.
Constitutional Court of the Dominican Republic. Available [in Spanish] at the following link: Sentencia
TC/0256/14, November 4, 2014.
See, Dominican Republic, Instrument accepting the binding jurisdiction of the Inter-American Court of Human
Rights [Document on file with the Commission]. See also, Organization of American States. Press release of
March 25, 1999. Available [in Spanish] at the following link: ‘‘Republica Dominicana Reconoce la Competencia
de la Corte Interamericana de Derechos Humanos’’ [Dominican Republic Accepts Jurisdiction of Inter-American
Court of Human Rights].
In greater detail, the Inter-American Court has contended that modern human rights treaties in general, and
the American Convention in particular, are not multilateral treaties of the traditional type concluded to
accomplish the reciprocal exchange of rights for the mutual benefit of the contracting States. Their object and
purpose is the protection of the basic rights of individual human beings, irrespective of their nationality, both
against the State of their nationality and all other contracting States. In concluding these human rights
treaties, the States can be deemed to submit themselves to a legal order within which they, for the common
good, assume various obligations, not in relation to other States, but towards all individuals within their
jurisdiction. See: I/A Court H.R, The Effect of Reservations on the Entry into Force of the American Convention
on Human Rights. Advisory Opinion OC-2/82 of September 24, 1982. Series A No. 2, para. 29.
Inter-American Commission on Human Rights | IACHR
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