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The Right to Nationality and to Equal Protection: Th E Yean and Bosico Children Case

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Chapter Summary

The Yean and Bosico Children case was the first ruling in history of Inter-American Court on the right to nationality under the American Convention. The case revolved around the rights of two minors who had been denied birth certificates and were discriminated against for being of Haitian ancestry. This was the first case where Court found jurisdiction to pronounce itself on Article 19 where the victims were girls, a particular group acknowledged by Court to be of special vulnerability within an already vulnerable group made up of children. The reason for denial of birth certificates was that the children were not considered by Dominican authorities to be Dominicans but foreigners who were "in transit". The Court held the principle in this case that the obligation to respect and to ensure the principle of the right to equal protection and non-discrimination is irrespective of a person's migratory status in a State.

Keywords: American Convention; denied birth certificates; Dominican authorities; equal protection; Inter-American Court; migratory status; non-discrimination; right to nationality; The Yean and Bosico Children case

10.1163/ej.9789004165137.i-672.27
/content/books/10.1163/ej.9789004165137.i-672.27
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