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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