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High court’s landmark ruling a setback for offspring of Haitians

Santo Domingo.- The Constitutional Tribunal (TC) on Wednesday handed down a landmark ruling, which denies the Dominican nationality to children born in the country, but whose parents are foreigners illegally in the territory or in transit.

The ruling deals a stunning blow to the thousands of people of undocumented Haitian parents who live in Dominican territory.

It also stipulates that foreigners in transit can obtain a residency, which would then allow their children, born in the national territory to acquire the nationality through “jus soli” or the right of soil.

The high Court ruled that when foreigners with an irregular migratory status, in violation of the laws, their children born in the country aren’t entitled to acquire the Dominican nationality, because “it’s legally inadmissible to establish an entitlement from an unlawful defacto situation.”

The Tribunal’s ruling came against a challenge filed by Juliana Deguis (or Deguis) Pierre against the Central Electoral Board (JCE), which denied her a ID card (cedula).

The Tribunal ruled that despite that Juliana Dequis (or Deguis) Pierre was born in the national territory, she’s the daughter of foreigners in transit, which deprives her of the right to a Dominican nationality, as stipulated in article 11.1 of the Constitution of November 29, 1966, in effect at the date of her birth.

Source: DT

Category: DR News |

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Last updated December 2, 2016 at 1:59 PM
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