Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 89
of Haitian descent. 205 The jurists who met with the Commission also stated that this
judgment violated a number of constitutional and legal norms of the Dominican legal
system. 206
200. A number of jurists observed also that for years the right to nationality has been
violated countless times in practice, primarily because of the procedures routinely
employed by officials at the Civil Registry and the Central Electoral Board. Judgment
TC/0168/13 institutionalized and exacerbated these practices. In addition to the
methods initially used to perpetrate de facto violations of the rights to nationality,
legal personality, identity, and equality and non-discrimination, laws have been
passed and court decisions handed down that are de jure validations of the
violations of those rights. Measures that the authorities have taken at the
administrative, legal, and constitutional levels and now the case law of the Supreme
Court and the Constitutional Court have gradually sanctioned these violations.
201. These jurists also commented that the effect of these measures has been to
segregate Dominicans of Haitian descent from the political and social community
and, as a result, to cut them off from the protection that the Dominican State must
guarantee them. As a result, they have not been allowed to enjoy and exercise a wide
array of the rights guaranteed by the Constitution and laws of the Dominican
Republic and international human rights treaties that the State has ratified. As for
the impact that the arbitrary denial of nationality and the violation of the right to
legal personality have had, one jurist pointed out that “[m]any human rights
violations, however serious they may be, happen only once, whereas the violations
that Dominicans of Haitian descent have endured are recurring violations that
perpetuate themselves and are felt daily.” 207 A woman who testified before the
Commission expressed a similar sentiment:
I’m from San Pedro de Macorís. Where do I begin? Well, when I was little girl I
dreamed of writing a wonderful book that would be the story of my life. In the
end, however, I have titled it “My terrible ordeal.” The story begins with my
grandparents, who migrated from Haiti to work in the sugar cane fields. My
parents were born in Haiti but their parents brought them here when they
moved, which is how I ended up being born here. This story of my terrible
ordeal begins when I had my first child and went to register him. I was excited
and happy. Right away they followed the routine, which was that the record of
live birth was handed to someone and that someone was in charge of taking it
to the judge. The judge is charged with checking everything and immediately
ordering that the birth be registered. What happened in my case, however, was
that I was sent to the judge directly. We talked and she said to me: “Look, you
205
206
207
Remarks by Cristóbal Rodríguez during the meeting that the IACHR held with Dominican jurists concerning
Constitutional Court judgment TC/0168/13. Santo Domingo, December 2, 2013.
The following were among the norms that jurists believed were violated by Constitutional Court judgment
TC/0168/13: articles 5, 7, 8, 18.2, 22, 23, 24, 26, 38, 39, 74(3), 74(4), 110 and 184 of the Constitution and
articles 7(5) and 7(13) of the Constitutional Court’s Organic Law.
Intervention by Liliana Gamboa, Coordinator of the Project against Discrimination in the Dominican Republic
and Open Society’s Justice Initiative, within the framework of the meeting between the Commission and civil
nd
society in relation to the right to citizenship in the Dominican Republic . Santo Domingo, December 2 , 2013.
Inter-American Commission on Human Rights | IACHR
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