11
prevent, attenuate, and overcome the risks.
30.
Said interventions must take into account that, pursuant to the Vienna
Declaration and Programme of Action (1993), at the World Conference on Human
Rights, all human rights are universal, indivisible, and interdependent, and
interrelated.24 I believe that, in light of these principles, it is not a matter of
protecting one of the human rights embodied in the Inter-American System to the
detriment of another or other such rights, or of protecting some complainants in a
way that leads to violation of these rights of others also protected by the Convention.
In this framework, we must deem it axiomatic that no assistance provided to small
groups that are dispersed and/or settled on precarious lands can create conditions
that ensure a decent existence.25
31.
Insisting on supplying food to the members of indigenous communities, with
no ending date and without meeting the conditions stated in the previous paragraph,
can lead to an unwanted end by creating dependency and weakening their own social
protection mechanisms. It is also necessary to take into account that access to
appropriate land is a necessary condition, but not sufficient, to create conditions that
ensure a decent life.26 In this regard, it is necessary to avoid using most of the
existing financial resources to purchase land or pay compensation for land
expropriation.
32.
The State’s duty to adopt positive measures to protect the right to life, even if
this involves aid to the vulnerable population groups in a situation of extreme
poverty, cannot be limited to them, as said assistance does not attack those factors
that generate poverty in general, and especially extreme poverty, and therefore it
cannot create said conditions for a decent life. In this regard, it is necessary to take
into account what the Inter-American Court has asserted regarding the need for
interpretation of an international protection instrument to “go hand in hand with the
changing times and current living conditions.” The Court has also pointed out that
said evolutionary interpretation, pursuant to the general rules of treaty
interpretation, has significantly contributed to furthering International Human Rights
Law.27
24
The principle of indivisibility establishes that improvements regarding one
human right cannot be obtained in a manner that is detrimental to another, while the
principle of interdependence asserts that improvements in realization of any human
right depend on realization of all, or at least of several. E/CN.4/ Sub 2/2004/25.
25
Law 904/81 establishes that indigenous groups that have separated from their
communities and regroup must have at least 20 families.
26
It is necessary to take into account that in fact there are already indigenous
communities that despite access to land that is adequate in terms o quality and size
are in a situation of extreme poverty due to lack of adequate intervention.
27
Inter-American Court of Human Rights. Case of the “Street Children”
(Villagrán Morales et al.) Judgment of November 19, 1999, para. 193, and InterAmerican Court of Human Rights, The Right to Information on Consular Assistance in
the Framework of the Guarantees of the Due Process of Law - Advisory opinion OC –
16/99, para. 114.
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