- 10d)
The fundamental right to a decent life
32.
I do not see how to avoid considering the right to life, as the Inter-American
Court has in this case, to my regret. In my opinion, the hypothesis and the constant
references in considering paragraphs 130 to 132 of this judgment are entirely
unsatisfactory. In its acclaimed judgment on merits in the “Street Children” case
(Villagrán Morales et al. v. Guatemala, of November 29, 1999, paragraph 144), which
already belongs to the history of the international protection of human rights in Latin
America, this same Court stated that:
"The right to life is a fundamental human right, and the exercise of this right is essential
for the exercise of all other human rights. If it is not respected, all rights lack meaning.
Owing to the fundamental nature of the right to life, restrictive approaches to it are
inadmissible. In essence, the fundamental right to life includes not only the right of
every human being not to be deprived of his life arbitrarily, but also the right that he will
not be prevented from having access to the conditions that guarantee a dignified
existence. States have the obligation to guarantee the creation of the conditions
required in order that violations of this basic right do not occur and, in particular, the
duty to prevent its agents from violating it"
33.
The State has not complied with this obligation in the instant case. The right to
life, in the sense defended by the Court five years ago, was violated in this case, to the
detriment of the sisters, Ernestina and Erlinda Serrano Cruz, who are still disappeared.
I consider that this is what the Court should have established in this judgment. I cannot
see how it can be maintained that two children who disappeared in an armed conflict
have had their right to a decent life preserved. Nor do I see how it is possible to fail to
rule in this regard, as the Court failed to do in this judgment. Moreover, I do not see
how the two children who are still disappeared have been able to develop an authentic
life project. The two disappeared sisters are innocent and silent, but not forgotten,
victims of the age-old violence of man against man.
34.
What is the reason for armed conflicts? There is no reason. They lead to
nothing; they are a desperate race towards nothing. All combatants become pathetic
objects of the conflict. They no longer think; they just kill, abduct children (ending their
innocence and identity), and become engines of destruction. They are unable to think,
because they have entered the vacuum of nothingness. They have brutalized
themselves, because killing and destroying is their profession; for nothing. Absolutely
nothing. Already in the eighth century A.D., Homer, in the Iliad, affirmed with
insuperable force and strength of expression, with penetrating words that should be
read attentively by the numerous unscrupulous and irresponsible apologists of the use
of force nowadays:
"War - I know it well, and the butchery of men.
Well I know, shift to the left, shift to the right
my tough tanned shield. That's what the real drill,
defensive fighting means to me. I know it all,
(...) I know how to stand and fight to the finish,
twist and lunge in the War-god's deadly dance.
(...) Ah for a young man
all looks fine and noble if he goes down in war,
hacked to pieces under a slashing bronze blade he lies there dead... but whatever death lays bare,
all wounds are marks of glory. When an old man's killed
and the dogs go at the gray head and the gray beard
(...) - that is the cruelest sight
in all our wretched lives!"26
26
Homer, The Iliad, N.Y./London, Penguin Books, 1991 [re-ed.], pp. 222 and 543-544, verses 275-278,
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