INTER-AMERICAN COURT OF HUMAN RIGHTS: Girls Yean and Bosico c. Dominican Republic


Facts : Even though the Dominican Constitution consecrates the Jus soli (right of birth place) to give the nationality, the State had refused to give a birth Certificate to two children, even if they were born on Dominican territories.

Claimants : Inter-American Commission on Human Rights, against the Dominican Republic.

Rights at Stakes :The obligation to respect the rights of the Convention, obligation to non-discrimination, obligation to translate the right of the Convention into the national right, right to a judicial personality, right to dignity, right to have a family name, the rights of the child, the right to a nationality.

Texts : Inter-American Convention on the Human Rights (IACHR) : art 1, art 1(1), art 2, art 3, art 5, art 18, art 19, art 20, art 24

Solution :The State has put the victims in situation of vulnerability, illegality, in an indiscriminate manner and judicially non)justified. That is why the Court has decided to declare the State guilty of violation of the Convention, in the matter of the articles quoted in ‘’rights at stake ‘’.