7
Court and that, without a doubt, caused irreparable damage to victims who have
already been individualized and considered as such in a final non-appealable
judgment.
11.
That, according to the information submitted by the representatives and by
the State itself, it is clear that Paraguay has failed to comply with the judgment
delivered in this case, and this non-compliance has led to the death of four more
individuals, three of them children under the age of three, and the hospitalization of
at least five children.
12.
That the Court regrets that this non-compliance by the State has cost the life
of four human beings and, consequently, the break-up of their families. In this
regard, the Court notes that María Teresa Acuña lost two of her children (supra third
having seen paragraph).
13.
That the Court considers that the State has not ceased violating the right to
life of the members of the Sawhoyamaxa Community, because it maintains them in a
high-risk situation and has not adopted adequate preventive measures to avoid loss
of life. This is irrefutably proved by the four deaths that have occurred, and by the
hospitalization of five children (supra third having seen paragraph).
14.
That the death of the children occurred after the date established by the
Court for the State to set up an emergency communication system. Therefore, these
children died without having received opportune and effective medical care and in
the same situation of abandonment that the Court found to be proven. This
constitutes a failure of Paraguay to comply with its international commitments
acquired with the ratification of the American Convention, as well as failure to
comply with what this Court ordered.
15.
That the report of the Ministry of Public Health and Social Welfare, which the
State presented to the Court (supra fifth having seen paragraph), shows once again
that the members of the Community do not have the resources to cover the
expenditure involved by the transfer of those who are ill to the health care centers.
In these circumstances, the emergency communication system that the State must
set up in the Community, and the obligatory facilitation of the transfer of those who
are ill, are extremely important.
16.
That the Court appreciates the recent care provided by the Ministry of Health
to 19 members of the Community, and the transfer to hospital of some of those who
were ill (supra fifth having seen paragraph). It also appreciates the Ministry’s
decision to order a medical audit of the Concepción Regional Hospital. Nevertheless,
it considers that these measures, although positive, are insufficient to end the
violations that continue to be committed against the members of the Community.
17.
That it is urgent that the State comply fully with all aspects of the Court’s
judgment (supra first having seen paragraph), and thus end the violation of the right
to life of the members of the Community, avoid further deaths, and respect the
rights of the children.
*
*
18.
*
That, in the judgment delivered in this case, the Court indicated that:
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