DOMINICAN REPUBLIC: National Laws

Summary: General overview of the Dominican Republic's national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of the CRC in national law
Ratified conventions, including the CRC, automatically have the force of law in the Dominican Republic. The Convention can be invoked before and enforced by any judicial or administrative authority, and has been cited in several cases before the Supreme Court.

Constitution: The Constitution of the Dominican Republic includes a number of rights provisions that apply regardless of age, but also a substantial number that make specific reference to the rights of children:

  • Art. 49(5): allows for limitations on freedom of expression and the right to information with respect to youth and childhood
  • Art. 55(9): provides for the equality of all children before the law
  • Art. 55(10): provides for the equal duties of parents towards their children
  • Art. 56: requires the family, society and the State to prioritise the interests of the child and ensure the full exercise of children's fundamental rights. This includes: (1) the elimination of child labour and all kinds of abuse or violence against children and (2) the participation of children in the family, community and society
  • Art. 62(2): provides that families are entitled to determine the type of education they desire for their children

Legislation: Much of Dominican law that is relevant to children is consolidated in Act No. 136-03, though there are a number of Acts that contain provisions relevant to children's rights:

  • Act No. 136-03 establishing the Code for the System of Protection of the Fundamental Rights of Children and Adolescents
  • The Labour Code
  • Act No. 137-03 on the trade and trafficking of persons
  • Act No. 659-44 concerning the Civil Status Acts
  • Act No. 24-97 concerning domestic violence
  • Act No. 218-07 on an amnesty on late registration of nationals
  • Act No. 42-2000 concerning disability in the Dominican Republic
  • Act No. 285-04 the Migration Act
  • Act No. 87-01 establishing the Dominican Social Security System

Legal Research:
The website of the Government's official gazette provides access to various legal resources in Spanish (http://www.camaradediputados.gov.do/portalsilcamara/). The International Labour Organisation's NATLEX database provides links to national legislation in Spanish (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=DOM), and the Constitution of the Dominican Republic is available in Spanish through the website of Georgetown University (http://pdba.georgetown.edu/Constitutions/DomRep/vigente.html). In addition, the GlobaLex project at New York University has published a guide to legal research in the Dominican Republic (http://www.nyulawglobal.org/Globalex/Dominican_Republic1.htm) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/dominican.php) and the World Legal Information Institute (http://www.worldlii.org/catalog/50194.html) provide links to a selection of legal and governmental resources.

Case Law
CRC Jurisprudence

The Supreme Court of the Dominican Republic has cited the CRC in number of cases, including in relation to the duty of courts to consider the views of the child (Bencosme v. Devers) and in relation to the establishment of paternity for children born out of wedlock (Hermida v. Berta  and Pereyra Sorrentino v. Pereyra Gullien)

Case Law Research
The Supreme Court maintains an official website where it provides its judgements in Spanish as part of the Boletines Judiciales (http://www.suprema.gov.do/).

Compliance with the CRC
In its Concluding Observations of 2008, the Committee on the Rights of the Child was welcoming of several reforms to Dominican law, particularly Law 136-03 on the System of Promotion and Rights of Children and Adolescents. However, the Committee expressed concern at the slow establishment of administrative structures under the new legislation and recommended that the State expedite the full implementation of the Act so as to establish a comprehensive policy on children's rights.

In depth analysis
Despite the positive comments of the Committee on the Rights of the Child, a number of concerns arose with regards to the content and implementation of national law with regards to Convention rights. The treatment of migrant, refugee and stateless children emerged from the report as among the areas of Dominican law containing inconsistencies with the Convention, in that children of non-citizens, particularly children of Haitian immigrants and Haitian descendants, do not have the same rights to access education, health and social services as citizens. While the Committee noted that the State has adopted measures to legalise the status of illegal immigrants, including the "pink certificate" form of registration, the Committee expressed concern that there is still pervasive discrimination against certain children amongst the population and administrative bodies. The Committee urged the State to review all laws to ensure that they clearly prohibit all such discrimination and ensure that laws are fully implemented.

The Committee also expressed serious concern at the prevalence of child labour, particularly among children aged 5 to 15 working in the service and agricultural industries. While noting that the Labour Code contains provisions defining the minimum age for children's employment and the types of work that are acceptable for children, the Committee noted that the provisions have an inadequate impact in practice. As such, the Committee recommended the effective enforcement of the Labour Code, the strengthening of the inspection system and the imposition of effective penalties on those who violate child labour standards.

With regards to corporal punishment, the Committee welcomed the prohibition of such violence as a judicial penalty, and that it is unlawful in schools, but expressed concern that no explicit prohibition exists in the family, in alternative care or in educational settings.

Current legal reform projects
Please contact CRIN if you are aware of any current legal reform projects.

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.