The Inter-American Court of Human Rights (IACHR) has called for a halt to the application of the sentences issued by the Supreme Court and the Constitutional Court that deny jus solis nationality to people born to parents with irregular status in the country. Yesterday, Wednesday 22 October 2014, the IACHR ruled that the decision reached by the Dominican courts was discriminatory and that it deprives people of judicial security and the right to a nationality. The IACHR maintains its stance that an individual’s immigration status is not transmitted to their children, as reported in Diario Libre.
Medina administration spokesman Roberto Rodriguez Marchena says that it is studying the 160-page sentence prior to responding tomorrow, Friday 24 October 2014.
The OAS-funded court said that Constitutional Tribunal sentence TC/168-13 that orders the National Foreign Legalization Plan and articles 6, 8 and 11 of Naturalization Law No. 169 -14 that creates exceptions for the nationalization of people who already had been issued Dominican identity papers are in violation of the American Convention (supra paragraph 325).
The court said that the Dominican Republic should adopt within a reasonable time, the necessary measures to rescind all the regulations of any nature, whether it is constitutional, legal, regulatory or administrative, as well as all practice, or decision or interpretation, that establish or have the effect that the illegal status of the foreign parents is a motive for the denial of Dominican nationality to people born in the territory of the Dominican Republic.
The court considered that the State violated the rights of recognition of the judicial personality, the nationality and name, consecrated in Articles 3, 20 and 18 of the American Convention on Human Rights, as well as for the combination of said violations of the right to an identity in relation with the obligation to respect the rights without discrimination established in article 1.1.
The Court’s sentence establishes that the individuals injured by these actions are William Medina Ferreras, Lilia Jean Pierre, Luis Ney Medina, Awilda Medina, Carolina Isabel Medina, Jeanty Fils-Aime, Janise Midi, Antonio Fils-Aimei, Diane Fils-Aime, Endry Fils-Aime, Rafaelito Perez Charles, Bersson Gelin, Victor Jean, Marlene Mesidor, Markenson Jean, Victoria Jean, Miguel Jean and Natalie Jean.
The court also established a fine of US$8000 for each one for damages.
The Court also says that the Dominican Republic has violated the prohibition on collective deportations of foreigners recognized in Article 22.9 of the Convention in relation with the non-compliance of the obligation to respect human rights without discrimination, as established in Article 1.1, to the prejudice of the victims of Haitian nationality.
The Court adds that the DR violated the right of residence and movement and the prohibition on expelling nationals, the rights to judicial guarantees and judicial protection, and to protection of the family, recognized in Article 17.1 of the Convention, in relation to the failure to comply with the obligation of respecting the conventional rights without discrimination.
According to the decision, the Dominican State violated the right to protection of honor and dignity, by the violation of the right to not be the object of arbitrary interferences in the private and family life, recognized in article 11.2 of the regulations of international law.
The Inter-American Court of Human Rights imposed a payment of US$414,004 in damages both material and immaterial against 23 descendants of undocumented Haitians. This is in addition to other charges to be paid to organizations that supported the human rights demands.
http://www.diariolibre.com/noticias/2014/10/23/i850331_corte-interamericana-derechos-humanos-condena-repblica-dominicana-por-tema-migratorio.html