4
deposits) located in the lands that they claim; however, it is used both for human
consumption and for personal hygiene, and it is not protected from human contact.”
11.
The State of Paraguay, in turn, in its reply to the application, stated that it
acquiesced to the request to establish a healthcare center, a school, drinking water
supply and sanitary infrastructure for the community, wherever the State can
establish said services as close as possible to the provisional settlement. Also, that
“insofar as possible it acquiesces (to the request to provide) medical care and
education in accordance with the State’s education and health programs.”
12.
The latter point gave rise to the Court’s decision, with regard to reparations, to
order that “…as long as the Community remains landless, given its special state of
vulnerability and its inability to resort to its traditional subsistence mechanisms, the
State must provide sufficient drinking water for consumption and personal hygiene of
the members of the Community; it must provide medical care on a regular basis and
adequate medicines to protect all persons’ health, especially that of the children, the
elderly, and pregnant women, including medicine and adequate treatment for
deworming of all members of the Community; it must provide sufficient food, in
appropriate variety and quantities, for all members of the Community to have
minimum conditions required for a decent life; it must provide latrines or any other
appropriate type of sanitary facilities for effective management of the Community’s
biological wastes, in a manner consistent with public health…”
13.
Both the partial acquiescence by the State and the reparations ordered by the
Court show beyond a doubt that there has been and currently is a lack of basic
services, including drinking water, indispensable for the health and life of the
members of the Community.
Therefore, it is not difficult to infer that the death of
children, among others: a two year old, due to dysentery; a six year old due to
dysentery and sores; a one year old, due to meningitis; a two year old, due to
tetanus; a one year old, due to bronchitis; a twelve-day old baby, due to bronchitis; a
two year old, due to bronchitis, were due to their precarious living conditions.
14.
Article 19 of the American Convention on Human Rights establishes that
“Every minor child has the right to the measures of protection required by his
condition as a minor on the part of his family, society, and the state.” The Convention
on the Rights of the Child, whose provisions are part of the domestic law of the
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