The facts of the case concern the right to ancestral property in the territory of the indigenous community Sawhoyamaxa, as well as the grave living conditions arising from being settled at the edge of a national road in a situation of extreme poverty, without access to basic services such as nutrition, housing, education or health, among others.

The IA Court ratified the content, given the right to indigenous collective property and the special significance that land has for indigenous groups as the fundamental basis of their culture, spiritual life, integrity and economic survival. The Court identified that, due to this close link, they are protected by article 21 of the American Convention.

The IA Court established the responsibility of the State for not adopting measures against the conditions of poverty and the lack of access to basic services suffered by the Sawhoyamaxa Community, particularly children and the elderly.

ACHR
1.1, 2, 8, 25
1.1, 2, 21
1.1, 4.1, 19
4.1, 1.1
1.1, 3

ACHR
5.1