Petition alleging violation of rights to nationality and education of girls of Haitian descent born in the Dominican Republic. Right to nationality as a way to have civil and political rights acknowledged. Obligation to respect right to non discrimination in granting nationality. Precautionary measures to prevent deportation and to guarantee right to education of a girl in school age.
The Court decided to supervise the enforcement of its decision. Within one year after the decision was notified, the State had to submit to the Court a report on the measures adopted.
This case represents a valuable precedent in the field of social rights. On the one side, the fundamental value of nationality rights as a tool to achieve recognition of other rights was acknowledged. On the other, it is one of the first cases in which violations of the right to education were heard and the Court ordered to have their enjoyment guaranteed regardless of the child’s background. This case is also a call for the Dominican State to provide a definitive solution to the widespread vulnerability of the rights of thousands of children of Haitian descent living in its territory.
Applicants: International Human Rights Law Clinic, University of California, Berkeley, School of Law (Boat Hall), Center for Justice and International Law (CEJIL) (http://www.cejil.org), and El Movimiento de Mujeres Dominico- Haitianas, Inc. (MUDHA). Respondants: Dominican Republic.