CONTINENTAL UNIVERSITY

LAW SCHOOL

ACADEMIC PRODUCT 3

COURSE: HUMAN RIGHTS AND COMMUNITY LAW

Teacher: FLAMINIA MAIETTI
GROUP F

STUDENTS:
– Nancy Janet Carnero Romero …………..100%
– Mario Hanco Chuco…………………………..100%
– Julián Arturo Gonzales Castillo……………100%
– Rocío Inés Vicente Robles…………………100%
– Carolina Huamán Colca…………………….100%
– Mayra Isabel Soria Herrera…………………100%
– Julio César Clemente Sullasi………………100%

Date: Sunday, July 3, 2022

 INDEX
ACADEMIC REPORT......................................................................................................................................2
CASE OF THE YEAN AND BOSICO GIRLS VS. DOMINICAN REPUBLIC.............................................................2
YO. Victim Data and Facts......................................................................................................................2
III. Admissibility Analysis.........................................................................................................................3
v. Bibliography............................................................................................................................................4

ACADEMIC REPORT
CASE OF THE YEAN AND BOSICO GIRLS VS. DOMINICAN REPUBLIC
YO. Victim Data and Facts
1.1. Victims: Dilcia Oliven Yean, Violeta Bosico Cofi and their families
 Matter: The case refers to the international responsibility of the State for the denial of the
issuance of birth certificates in favor of Dilcia Oliven Yean and Violeta Bosico Cofi through the
Civil Registry authorities, and the harmful consequences that said situation generated. in them.
1.2. Description of the facts
The events of this case began on March 5, 1997, when they appeared before the Civil Official's
Office of Sabana Grande de Boyá; the mother of Violeta Bosico, 10 years old, and the cousin of
the mother of Dilcia Yean, 12 years old, in order to request the late registration of their births.
The girls were born in the Dominican Republic, however, their ancestry was Haitian.
Although they were entitled to Dominican nationality, both of them were denied late
registration and, consequently, their Dominican birth certificates. For this reason, once domestic
remedies were exhausted, the minors and their representatives went to the Inter-American
Commission on Human Rights (IACHR). The final result was the “Yean and Bosico” ruling, which
found the Dominican State responsible for violating the rights of minors.
II. Violated Rights and International/Regional Reference Human Rights Instruments.
2.1. Rights: The rights violated in the case are: articles 19, 20, 24, 3, 18, 5 and 1, which correspond
to the rights of the child, nationality, equality before the law, recognition of personality legal
protection, the right to a name, the right to personal integrity and the right to the obligation to
respect the rights, respectively, of the American Convention on Human Rights (CADH),
understood as the rights that assist those who request protection of the jurisdictional bodies.
The Court considers it necessary to highlight that, although the denial of the request for late
registration of birth in the civil registry of the girls occurred on March 5, 1997 and the decision of
the Prosecutor General that confirmed said denial was issued on July 20, 1998, both events
determined that the girls Dilcia Yean and Violeta Bosico were without nationality until
September 25, 2001. Consequently, said denial compromised the free development of their
personality, access to rights and special protection, which is available to every citizen recognized
as a member of a state, putting them in a continuous situation of risk and harming their human
dignity.

2.2. International/Regional Human Rights Instruments of Reference: We find the American

Convention on Human Rights (San José Pact), Charter of the Organization of American States,
American Declaration of the Rights and Duties of Man, Convention to reduce cases of
statelessness , Convention on the Rights of the Child, International Convention on the Protection
of the Rights of All Migrant Workers and Their Families and the Additional Protocol to the
American Convention on Human Rights in the Field of Economic, Social and Cultural Rights
("Protocol of San Savior").

III. Admissibility Analysis

Non-Exhaustion of the Resources of the Internal Jurisdiction of the State : The Court
considered that the State, by not expressly indicating during the admissibility procedure
before the Inter-American Commission which would be the suitable and effective resources
that should have been exhausted, implicitly renounced a means of defense that the
American Convention establishes in its favor and incurred a tacit admission of the non-
 existence of said resources or of their timely exhaustion. For this reason, it rejects the first
preliminary objection filed by the State.
Non-Compliance with the Friendly Solution Presented by the Commission and Accepted by
the State: By not reaching a basic consensus between the parties, the state refused to pay
the compensation considering that it exceeded the object of the friendly solution, in that
sense the procedure It did not conclude with an express agreement of the parties to
terminate the case. Consequently, the Court rejected the second preliminary objection filed
by the State.
Lack of Competence Ratione Temporis: The Court took into consideration the date of
recognition of its contentious jurisdiction by the Dominican Republic, alleging the principle of
non-retroactivity, established in Article 28 of the Vienna Convention on the Law of Treaties
of 1969 , to determine the scope of its jurisdiction in the case. Therefore, it rejected the third
preliminary objection filed by the State.
IV. Personal appreciations regarding the resolution
In support of the ruling in the case, we consider that the resolution is accurate and that the
state violated the rights to name and recognition of legal personality, enshrined,
respectively, in articles 3 and 18 of the American Convention, in relation to the article 19 of
the same, and also in relation to article 1.1 of this instrument, to the detriment of the girls
Dilcia Yean and Violeta Bosico, in the terms of paragraphs 131 to 135 and 175 to 187 of this
Judgment. In the same way, we agree with the ruling that the State violated the rights to
nationality and equality before the law, enshrined, respectively, in articles 20 and 24 of the
American Convention, in relation to article 19 thereof. , and also in relation to article 1.1 of
this instrument, to the detriment of the girls Dilcia Yean and Violeta Bosico, in the terms of
paragraphs 131 to 174 of this Judgment.

The violation of the right to nationality is a recurring problem in the Dominican Republic,
which is linked to xenophobia and racism against the Haitian population, attitudes strongly
rooted in the idiosyncrasy of the country. Regardless of the sentences that the court may
issue to mitigate the consequences of the xenophobic behavior of Dominican institutions, a
paradigm shift in this society will be difficult to achieve and will be linked to social re-
education that allows existing prejudices to be broken.

v. Bibliography.

 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS. (1948). American Declaration

of the Rights and Duties of Man. Bogota Colombia. RECOVERED FROM:
https://www.oas.org/es/cidh/mandato/basicos/declaracion.asp

 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS. (1988). Additional Protocol to

the American Convention on Human Rights in the Field of Economic, Social and
 Cultural Rights "Protocol of San Salvador". RECOVERED FROM:
https://www.cidh.oas.org/basicos/basicos4.htm

 Wooding, B. (2009). The fight against discrimination and statelessness in the

Dominican Republic. Institutional Repository of the University of Alicante.
RECOVERED FROM:
https://rua.ua.es/dspace/bitstream/10045/11095/1/RMF_32_09.pdf

 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS. (2015). Report on the situation

of human rights in the Dominican Republic. OAS Official Documents. RECOVERED
FROM:
http://www.oas.org/es/cidh/informes/pdfs/RepublicaDominicana-2015.pdf