Regularization and Naturalization of Irregular Migrants in Dominican Republic. Study of the 0168/13 Judgment of the Dominican Tribunal Constitucional and its Effects on Matter of Nationality

Authors

  • Juan Manuel Goig Martínez

DOI:

https://doi.org/10.18042/cepc/aijc.19.07

Keywords:

Constitutional Court, nationality, stateless, naturalization, legalization, unconstitutional, amparo

Abstract

The Constitutional Court of Dominican Republic, ruled in the year 2013 in review of amparo, in virtue of which denied to the appellant Dominican nationality, born in Dominican Republic, being daughter of Haitians, residents of irregularly during more than forty years, which considered in transit, and gives effects inter comunis to that judgmentrequesting review of all registrations of children of Haitians from 1929 until 2007. The ruling created a situation of difficult constitutional lace and unpredictable effects, has demanded a significant legislative work to try to mend the situation, which resulted in the condemnation of the State of the Dominican Republic by the Inter-American Court of human rights, which reiterates previous jurisprudence. 

Issue

Section

STUDIES