3 4) Isabel García de Ramírez (64 years old): died on August 22, 1998 due to cachexia, without receiving medical care before her death; 5) Justina Chávez (1 year old): died on August 10, 1999 due to bronchitis, without receiving medical care before her death; 6) Ramón Chávez (1 year and 11 months old): died on September 6, 1999 due to bronchitis, without receiving medical care before his death; 7) N/N Morel Chávez (1 day old): died on January 1, 2000 for reasons unknown, without receiving medical care before his death; 8) N/N Morel Chávez (2 days old): died on January 2, 2000 for reasons unknown, without receiving medical care before his death; 9) María Adela Flores Gómez (12 days old): died in January 2003 due to bronchitis; and 10) Silvino Martínez Gómez (2 months old): died in February 2003 due to bronchitis. 9. Under the American Convention, the right to life is not limited to protection against arbitrary deprivation of life, but also requires positive measures by the State to ensure its full enjoyment. It is a basic right, whose importance has been duly emphasized by the Court in all its jurisprudence on this subject (paras. 21-22, infra). Likewise, the thesis of the positive obligations of the State is today universally reflected in doctrine. 10. Said obligations, regarding the right to life, are clearly shown by jointly reading Articles 4(1) and 1(1) of the American Convention. Thus, the deaths of the ten aforementioned individuals (para. 8, supra), instead of requiring that the Court have additional evidence, in our opinion constitute an aggravating circumstance of the violation, previously established by the Court, of Articles 4(1) and 1(1) by the State. 11. In our opinion, the “causal link” sought by the majority of the Court is clearly established by lack of due diligence by the State regarding the living conditions of all members of the Yakye Axa Community (objective international responsibility of the State). The Court has, in fact, acknowledged this explicitly in the instant case, when it pointed out that This Court notes that lack of effective exercise of the right to communal property of the members of the Yakye Axa Community, as well as the grave living conditions to which they were subjected as a consequence of the delay by the State in making their territorial rights effective, must be taken into account by the Court when it sets non-pecuniary damages. 12. The Court has acknowledged, in the instant Judgment, that it must assess both the lack of effective exercise of the right to communal property and the grave living conditions of the members of the Yakye Axa Community (para. 202); this established the causal link to set non-pecuniary damages. The Court should have explicitly stated that the extremely destitute situation that was established led directly to the death of several members of the Community. 13. The Court also established, in the instant Judgment, that the respondent State must “provide regular medical care and appropriate medicine to protect the health of all individuals, especially children, the elderly and pregnant women, including medicine and adequate treatment to deworm all the members of the

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