2 6. These criteria, ratified in the Whereas section of the judgment in the case of the “Yake Axa indigenous community,” in the course of an analysis of Article 4(1) of the Convention, are part of the Court’s contribution to an evolutionary interpretation of international human rights law. Said criteria also include acknowledgment of the right to life aspirations, broadening of the concept of the victim, inclusion of the victim in the contentious proceeding through amendments to the rules of procedure, the right to consular assistance of persons detained by the police or the judiciary, as part of the right to due process, and acknowledgment of the labor rights of undocumented migrants. 7. Therefore, my dissenting opinion is not because I believe that the Court, in operative paragraph 4 of the judgment, has distanced itself from the broad interpretation of the right to life, in this case to the detriment of sixteen members of the Yakye Axa indigenous community, but rather my dissent is because the evidence was not assessed in a manner consistent with the criteria that this Court has asserted on that issue. 8. When it examined the evidence submitted at the respective hearing, the Court included the statement or report of expert witness Pablo Balmaceda Rodríguez as follows: Blood and fecal tests were conducted on samples taken from the members of the Community. These studies demonstrated that the members of the Yakye Axa Community suffer significant parasitism and anemia. Samples were also taken from the water used by the Community. The study corroborated that the Community has a single source of non-drinkable water, which is a water deposit... which is a pool, roughly sixty by forty meters, to store rainwater. This pool is behind the barbed wire fence of the land they claim, so the members of the Community have to enter furtively to fetch water for personal hygiene and use. The water is subject to contact with wild animals and with livestock raised on the farm. The huts in which the inhabitants of this community live are very precarious. They are built with a material that is abundant in the area, a palm from which they make walls and roofing. When it rains, everything is flooded, including the rooms in which they live in overcrowded conditions. Given the characteristics of the lands of the Chaco, the water is not easily absorbed by the soil, so all that water remains there without draining. To this we should add that there are no toilets in the community, for its members to use, for which reason they use the existing plants. Thus, the rainwater floods the area and carries the fecal remains with it toward the dwellings and the little school. Miserable conditions of this abandoned Community make its situation disastrous. There is no need to be an expert to corroborate these circumstances. 9. The expert witness then referred to the difficulty of obtaining information from the indigenous people on their next of kin allegedly deceased due to diseases; since there are no records of these deaths, it was not possible to precisely establish their dates. He added that for the Enxet indigenous people it is not easy to remember their deceased, given their special relationship with death, for which reason they had to make a very significant psychological effort to accept being asked about their deceased next of kin. Based both on their accounts and on his own observations, the expert found in his study that: In most cases of deaths that were recorded, there was no prior medical care. Two cases reached the hospital, where they were diagnosed and sent back to their homes, as the physicians found that there was nothing that could be done. The mothers’ accounts show that several children died from bronchitis o bronchopneumonia. The symptoms described by the mothers are fully in accordance with this diagnosis: the children were coughing, had a high fever, and found it difficult to breathe, until they died without having received medical care or medicine. Those interviewed also stated that during the dry season the children died from diarrhea, and that is in fact the time