| Basic information | Substance of the ruling | Accessibility of the case and further relevant links |
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| 8 September 2021 | No. TC/0278/21 (reg no. TC-01-2019-0006) | Constitutional Court of the Dominican Republic | Healthcare management | Claim rejected | Six people challenged the constitutionality of a national law that prohibited the use of hookah (waterpipe) indoors and in public transportation vehicles, alleging that it violated basic freedoms such as the principle of equality of people who use hookah, in contrast to people who smoke cigarettes; and the freedom to conduct business of bar (and other similar businesses) owners. The Plaintiffs argued that, although laws that govern cigarettes had a similar prohibition, they also allowed private closed spaces (such as bars) to establish a special area for smokers. The Court found that the law was constitutional, rejecting the claim of the Plaintiffs. For the Court, the measure was reasonable to protect the health of people that could inhale the smoke of hookah indoors. One of the main arguments of the Court to render the law constitutional was to avoid the spread of COVID-19 indoors, because the virus spreads through water particles that come from the mouth and nose. According to the Court, smoking hookah typically implies sharing nozzles and pipes (mouth-to-mouth) and other devices (hand-to-hand) that contribute to the spread of these water particles. This feature made hookah different from cigarettes. Hence, pursuant to the Court, having the same regulations for hookah and cigarettes would completely disregard the efforts of authorities of containing the virus. Consequently, the Court upheld this difference in treatment, rendering the law constitutional. | | | https://www.covid19litigation.org/case-index/dominican-republic-constitutional-court-no-tc027821-reg-no-tc-01-2019-0006-2021-09-08 | |
| 29 June 2021 | No. TC-0242-21 | Constitutional Court of the Dominican Republic | Procedural law | Claim inadmissible | Appeal for constitutional review of the amparo judgment against Criminal Resolution No. 530-2020- ESOT-000156, issued by the Judicial Office of Permanent Attention Services of the Santo Domingo Judicial District in relation to the transfer of a detainee positive for COVID-19. The Claimant requested by means of an amparo action the change of the modality of compliance with his sentence to that of house arrest, based on the supposed state of vulnerability in which he is due to his health condition and age, during the state of emergency arising from the COVID-19 pandemic. He claimed the violation of his rights to health, to life, to integrity and human dignity. The Court revoked the challenged decision, but it declared the inadmissibility in accordance with the precedents of the Constitutional Court. | https://www.tribunalconstitucional.gob.do/consultas/secretar%C3%ADa/sentencias/tc024221/ | | https://www.covid19litigation.org/case-index/dominican-republic-constitutional-court-no-tc-0242-21-2021-06-29 | |
| 29 June 2021 | TC/0179/21. Exp. TC-07-2020-0041 | Constitutional Court | Right to access to justice, to a fair trial | Claim rejected | The Judicial Power Council issued a resolution ordering the suspension of all administrative and jurisdictional work carried out by the Judiciary. It ordered the suspension of procedural, registrative, and administrative deadlines for all agencies. The First Chamber of the Superior Administrative Court ordered the Judicial Power Council to immediately lift the suspension of work. The Constitutional Court found that the defendant did not raise sufficient arguments against the judgment issued and considered this both in its motivations and in its mechanism. It stated that the judgment was executed in accordance with the health protocols of the World Health Organization (WHO) and the Ministry of Health of the Dominican Republic, formulated with the Covid-19 pandemic in mind. | | | https://www.covid19litigation.org/case-index/dominican-republic-constitutional-court-tc017921-exp-tc-07-2020-0041-2021-06-29 | |
| 29 December 2020 | TC/0358/20 Exp. TC-01-2020-0014 | Constitutional Court of the Dominican Republic | Political activity / Representation, political rights | Claim partially upheld | Under a special procedure of judicial review, the Court has analyzed the lawsuit on Resolution No. 42-2020, which provide for the postponement of the ordinary general presidential and senatorial and house representative elections of the Dominican Republic due to a force majeure health emergency caused by the pandemic. According to the Claimant, the Resolution violated provisions mainly related to the supremacy of the Constitution and electoral powers. The Court has verified the loss of the procedural right. The elections took place during the judicial process. On the other hand, the Constitution has been considered force majeure since it sought to protect society from the massive contagion by COVID-19. The Court has declared the direct action of unconstitutionality procedurally admissible but has rejected the claims regarding the cause of force majeure due to sanitary emergency of the ordinary general presidential, senatorial and house representative elections of the Dominican Republic. | https://www.tribunalconstitucional.gob.do/consultas/secretar%C3%ADa/sentencias/tc035820/ | | https://www.covid19litigation.org/case-index/dominican-republic-constitutional-court-tc035820-exp-tc-01-2020-0014-2020-12-29 | |
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