Juliana Deguis Pierre (born April 1, 1984) is a Haitian-Dominican woman, who was the plaintiff in the landmark Dominican lawsuit against the civil registry authority of the Dominican Republic which in 2013 ruled that people born to illegal parents never had any right to the Dominican nationality by birth.[1] Deguis applied to the Special Naturalization Amnesty (Law 169-14) and on August 1, 2014 she acquired the Dominican nationality.[2]
Juliana Dequis Pierre was born in the Dominican Republic in the batey of Los Jovillos,[3] municipality of Yamasá, Monte Plata province, on 1 April 1984 to a Haitian father (Blanco Deguis) and mother (Marie Pierre) who settled in the Dominican Republic in the 1970s.[3][4]
Struggle for Dominican nationalityedit
In 2008, she went to the identification office with her birth certificate to request a Cédula de Identidad y Electoral, an Identification card. That ID card also serves as voter.s registration card. The officers seized her birth certificate and refused to issue her the requested document. The reason given for the rejection was that she had Haitian surnames. She appealed before the Civil and Commercial Court of the First Instance of the Judicial District of Monte Plata. She was rejected. The court justified rejecting her appeal on the basis that she did not supply the original version of her birth certificate but provided photocopies instead. She then appealed to the highest judicial instance in the Dominican Republic. The Constitutional Court.[5]
The Sweeping Order of the Constitutional Court Against Her and Dominicans in her Categoryedit
The Constitutional Court acknowledged that the proper venue for her appeal should have been the administrative grievances court but decided to hear the case anyway for the sake of |expediency". That court also denied her case but, in addition, recommended dramatic actions to be taken with regards to the status of all individuals who fit her profile in the country. The decision was issued in a 147-page document which contained the two dissenting votes from the 13-member body. The decision can be summarized in 10 points as follows:[6][7]
The court accepted the form of the appeal
The court revoked the judgment of the Civil and Commercial Court of the First Instance of the Judicial District of Monte Plata but found against the plaintiff Juliana Dequis Pierre on the basis that she was born of aliens who were "in transit" in reference to Article 11.1 of the Constitution of 29 November 29, 1966 in force at the time of her birth
The court ordered the Central Electoral Junta to submit the birth certificate of Juliana to a competent court able to determine its validity or invalidity and to extend this measure to all similar cases
The court ordered the Immigration authorities to grant a temporary residence to Juliana until the implementation of the national plan for the regularization of illegal aliens in the Dominican Republic
The court directed the Central Electoral Junta to conduct a thorough audit of the civil records within a year starting from June 21, 1929, to expunge the civil records of people who are illegally recorded therein through April 18, 2007 and record these "aliens" onto another register; to develop within 90 days the national plan for the regularization of illegal aliens
The court exhorted the government to implement the plan for the regularization of illegal aliens
The court directed the Central Electoral Junta to turn the list of aliens illegally registered in the civil registry over to the Ministry of Interior and Police
The court ordered the notification of the decision to all the concerned parties
The court declared that the decision did not incur any unpaid expenditures
The court ordered the publication of the decision in the court's bulletin
Notesedit
External linksedit
(in Spanish) . Constitutional Court of the Dominican Republic
(in English) The Constitutional Court’s Ruling. Embassy of the Dominican Republic in the United States
www.the-sentence.weebly.com
Referencesedit
^"TC declara extranjeros a hijos de indocumentados" (in Spanish). Listín Diario. 26 September 2013. Retrieved 3 May 2018.
^"JCE entrega su cédula de identidad y electoral a Juliana Deguis" (in Spanish). Santo Domingo. 2 August 2014. Retrieved 3 May 2018.
^ abCorcino, Panky (30 July 2014). "Advierten Estado deberá responder por violar derechos humanos de hijos de inmigrantes haitianos" (in Spanish). 7días.com.do. Retrieved 28 December 2014.
^Maismy-Mary Fleurant, "L’arrêt TC/0168/13 de la Cour constitutionnelle dominicaine : La Justice au service de la « dominicanité »", Le Nouvelliste,Port-au-Prince, 13 November 2013. Retrieved on 18 November 2013.
^Watson Denis, "Le dispositif de l'arrêt TC 0168/13 du Tribunal constitutionnel de la République dominicaine ", Le Nouvelliste,Port-au-Prince, 11 November 2013. Retrieved on 16 November 2013.
^Dominican Constitutional Court, "Referencia: Expediente núm. TC-05-2012-0077, relativo al recurso de revisión constitucional en materia de amparo incoado por la señora Juliana Dequis (o Deguis) Pierre, contra la Sentencia núm. 473/2012 dictada por la Cámara Civil, Comercial y de Trabajo del Juzgado de Primera Instancia del Distrito Judicial de Monte Plata, en fecha diez (10) de julio de dos mil doce (2012).", "Tribunal Constitutional Republica Dominicana", Santo Domingo, 23 September 2013. Retrieved on November 18 2013
May 02, 2024
juliana, deguis, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, biography, living, person, needs, additional, citations, verification, please, help, adding, reli. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This biography of a living person needs additional citations for verification Please help by adding reliable sources Contentious material about living persons that is unsourced or poorly sourced must be removed immediately from the article and its talk page especially if potentially libelous Find sources Juliana Deguis news newspapers books scholar JSTOR October 2016 Learn how and when to remove this message This article needs editing to comply with Wikipedia s Manual of Style Please help improve the content October 2016 Learn how and when to remove this message Learn how and when to remove this message Juliana Deguis Pierre born April 1 1984 is a Haitian Dominican woman who was the plaintiff in the landmark Dominican lawsuit against the civil registry authority of the Dominican Republic which in 2013 ruled that people born to illegal parents never had any right to the Dominican nationality by birth 1 Deguis applied to the Special Naturalization Amnesty Law 169 14 and on August 1 2014 she acquired the Dominican nationality 2 Juliana Deguis PierreBorn 1984 04 01 April 1 1984 age 40 Yamasa Monte Plata Dominican RepublicNationalityHaitian 1984 present Dominican 2014 present OccupationHousemaidKnown forRuling 168Children4Parent s Marie Pierre mother Blanco Deguis father Contents 1 Early years 2 Struggle for Dominican nationality 3 The Sweeping Order of the Constitutional Court Against Her and Dominicans in her Category 4 Notes 5 External links 6 ReferencesEarly years editJuliana Dequis Pierre was born in the Dominican Republic in the batey of Los Jovillos 3 municipality of Yamasa Monte Plata province on 1 April 1984 to a Haitian father Blanco Deguis and mother Marie Pierre who settled in the Dominican Republic in the 1970s 3 4 Struggle for Dominican nationality editIn 2008 she went to the identification office with her birth certificate to request a Cedula de Identidad y Electoral an Identification card That ID card also serves as voter s registration card The officers seized her birth certificate and refused to issue her the requested document The reason given for the rejection was that she had Haitian surnames She appealed before the Civil and Commercial Court of the First Instance of the Judicial District of Monte Plata She was rejected The court justified rejecting her appeal on the basis that she did not supply the original version of her birth certificate but provided photocopies instead She then appealed to the highest judicial instance in the Dominican Republic The Constitutional Court 5 The Sweeping Order of the Constitutional Court Against Her and Dominicans in her Category editThe Constitutional Court acknowledged that the proper venue for her appeal should have been the administrative grievances court but decided to hear the case anyway for the sake of expediency That court also denied her case but in addition recommended dramatic actions to be taken with regards to the status of all individuals who fit her profile in the country The decision was issued in a 147 page document which contained the two dissenting votes from the 13 member body The decision can be summarized in 10 points as follows 6 7 The court accepted the form of the appeal The court revoked the judgment of the Civil and Commercial Court of the First Instance of the Judicial District of Monte Plata but found against the plaintiff Juliana Dequis Pierre on the basis that she was born of aliens who were in transit in reference to Article 11 1 of the Constitution of 29 November 29 1966 in force at the time of her birth The court ordered the Central Electoral Junta to submit the birth certificate of Juliana to a competent court able to determine its validity or invalidity and to extend this measure to all similar cases The court ordered the Immigration authorities to grant a temporary residence to Juliana until the implementation of the national plan for the regularization of illegal aliens in the Dominican Republic The court directed the Central Electoral Junta to conduct a thorough audit of the civil records within a year starting from June 21 1929 to expunge the civil records of people who are illegally recorded therein through April 18 2007 and record these aliens onto another register to develop within 90 days the national plan for the regularization of illegal aliens The court exhorted the government to implement the plan for the regularization of illegal aliens The court directed the Central Electoral Junta to turn the list of aliens illegally registered in the civil registry over to the Ministry of Interior and Police The court ordered the notification of the decision to all the concerned parties The court declared that the decision did not incur any unpaid expenditures The court ordered the publication of the decision in the court s bulletinNotes editExternal links edit in Spanish Ruling 0168 2013 Constitutional Court of the Dominican Republic in English The Constitutional Court s Ruling Embassy of the Dominican Republic in the United States www the sentence weebly comReferences edit TC declara extranjeros a hijos de indocumentados in Spanish Listin Diario 26 September 2013 Retrieved 3 May 2018 JCE entrega su cedula de identidad y electoral a Juliana Deguis in Spanish Santo Domingo 2 August 2014 Retrieved 3 May 2018 a b Corcino Panky 30 July 2014 Advierten Estado debera responder por violar derechos humanos de hijos de inmigrantes haitianos in Spanish 7dias com do Retrieved 28 December 2014 Maismy Mary Fleurant L arret TC 0168 13 de la Cour constitutionnelle dominicaine La Justice au service de la dominicanite Le Nouvelliste Port au Prince 13 November 2013 Retrieved on 18 November 2013 Maismy Mary Fleurant Watson Denis Le dispositif de l arret TC 0168 13 du Tribunal constitutionnel de la Republique dominicaine Le Nouvelliste Port au Prince 11 November 2013 Retrieved on 16 November 2013 Dominican Constitutional Court Referencia Expediente num TC 05 2012 0077 relativo al recurso de revision constitucional en materia de amparo incoado por la senora Juliana Dequis o Deguis Pierre contra la Sentencia num 473 2012 dictada por la Camara Civil Comercial y de Trabajo del Juzgado de Primera Instancia del Distrito Judicial de Monte Plata en fecha diez 10 de julio de dos mil doce 2012 Tribunal Constitutional Republica Dominicana Santo Domingo 23 September 2013 Retrieved on November 18 2013 Retrieved from https en wikipedia org w index php title Juliana Deguis amp oldid 1183385596, wikipedia, wiki, book, books, library,
