Court Orders Dominican Republic to Recognize Citizenship

0ba2540[1]The Inter-American Court of Human Rights ordered the Dominican Republic to reform all national laws blocking the recognition of citizenship for children of undocumented parents born in the country.

The decision, dated Aug. 28, 2014, was made public on Oct. 22, 2014, according to a story today in El Dia, a national newspaper in the Dominican Republic. The sentence orders the country to adopt the necessary measures to ensure no laws or rules deny Dominican nationality to children born in the country to undocumented parents who migrated there.

The decision comes in a case in which 27 people were deported, five of them Haitian children residing in the Dominican Republic and 22 of whom were found to be Dominicans.

“The court found the existence, at least for a period of around one decade after 1990, a systematic pattern of expulsions, including through collective acts of Haitians and people of Haitian descent, which reflects a discriminatory conception,” according to El Dia, quoting the court statement. The Inter-American Court of Human Rights is part of the Organization of American States.

In September 2013, the Dominican Republic’s Constitutional Court issued a ruling that retroactively took away citizenship from individuals unable to prove their parents’ regular migration status.

The ruling would have barred such individuals from any activity that required official identification, including working in the formal sector, attending school, opening a bank account, paying into retirement or social security funds, accessing health services, getting married, traveling or voting, according to an AFL-CIO and Solidarity Center report.

Further, it disproportionately affected individuals of Haitian descent living and working in the Dominican Republic.

Hailing the court decision, Geoff Herzog, Solidarity Center Dominican Republic country program director, said, “the Solidarity Center joins with our union allies and with our allies in the migrant support community in defense of migrant worker rights.

“We support recognition of citizenship for Dominicans of Haitian descent who are blocked from citizenship and therefore, are denied their basic human and labor rights.”

This appeared in AFL-CIO.org on October 27, 2014, and is Originally from Solidarity Center Website. Reprinted with permission. http://www.solidaritycenter.org/content.asp?contentid=1955.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.