10
concept of the right to life, with regard to indigenous communities in a destitute
situation, which can be reflected in death rates that could be avoided, asserts the
obligation to provide social protection and to put an end to extreme poverty. Since
they suffer severe deprivation, these indigenous communities lack strategies to
adequately address the risks they face, to take advantage of opportunities to
improve their living conditions and to attain minimum conditions regarding their
quality of life.19 In my opinion, the international responsibility of the Paraguayan
State in the case of the deaths of members of the Yakye Axa community that could
have been avoided, and which as I will show must be shared with others involved,
stems from extreme poverty, worsened by precarious settlement of the community
along the route, a fact that is not attributable to the State.
28.
The right to life is embodied in various instruments, and pursuant to them,
existence of extreme poverty, which tends to grow in the country, entails denial of
economic, social, and cultural rights, including the rights to adequate nutrition, to
health, to food, and to work.20 The United Nations Human Rights Commission
recognized that extreme poverty is contrary to the basic right to life, and it
established the human rights that are essential to protect the right to life (food,
drinking water, health).21 The World Conference on Human Rights, held in Vienna in
1993, in turn, deemed that extreme poverty is contrary to human dignity. In the
case of the indigenous communities, especially those suffering harsh poverty, the
situation of extreme poverty entails a systematic denial of the possibility of enjoying
the inherent rights of the human person.22 The Yakye Axa Community certainly
suffers extreme poverty, as the testimony of witnesses and expert witnesses
shows.23
29.
Interventions by the State must prevent, attenuate, and overcome risks such
as malnutrition, prevalence of anemia, morbidity and mortality, creating basic
conditions in terms of health care, adequate nutrition, education, occupational
training, and income generation. Protective factors that must be guaranteed by the
State, including medical services, conditions for self-production of food, and
integration into community networks that ensure essential self-sufficiency, require
basic conditions regarding settlement of the indigenous community members that
are the target group of the services; the size of the group must enable
social/communal self-sufficiency, and quality of the land must be adequate to
19
Inter-American Court of Human Rights. Joint concurring opinion of judges
Antonio Augusto Cançado Trindade and Alirio Abreu Burelli, Villagrán Morales et al.
Case (“Street Children” Case), para. 4.
20
Additional Protocol to the American Convention on Human Rights regarding
Economic, Social, and Cultural Rights. “San Salvador Protocol”. The United Nations
Human Rights Commission asserted that situations of extreme poverty affect all
human rights, civil, cultural, economic, and political, as well as the right to
development, for which the human person is crucial. E/CN.4/1995/101 para. 83.
21
E/CN.4/ Sub 2/200425.
22
E/CN.4/ Sub 2/2004/44.
23
Case of the Yakye Axa Indigenous Community, Public Hearing held on March
3 and 4, 2005 at the Seat of the Court.
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