80 156. For all the aforementioned reasons, the Court finds that the State violated Article 21 of the American Convention, to the detriment of the members of the Yakye Axa Community, in combination with Articles 1(1) and 2 of that same Convention. X VIOLATION OF ARTICLE 4(1) OF THE AMERICAN CONVENTION (RIGHT TO LIFE) IN COMBINATION WITH ARTICLE 1(1) OF THAT SAME CONVENTION Pleadings of the Commission 157. With regard to Article 4 of the Convention, the Commission alleged that: a) the right to life is a basic human right, essential for enjoyment of the other human rights. This right encompasses not only the right of every human being not to be arbitrarily deprived of his or her life, but also the right not to be denied the conditions required to ensure a decent existence; b) the State, by not ensuring the right of the Community to its ancestral territory, has failed to comply with its duty to guarantee the life of its members, as it has deprived the Community of its traditional means of subsistence, forcing it to survive under appalling conditions and leaving it at the mercy of State assistance; c) in the instant case 57 families, members of the Yakye Axa Indigenous Community, have been living since 1996 in a place that is clearly inadequate to develop their lives under minimally decent conditions, waiting for the State to effectively guarantee their right to live in their ancestral territory and thus to not only carry out their traditional subsistence activities, but also preserve their cultural identity; d) lack of an effective guarantee of the Community’s right to property has placed its members in a situation of extreme vulnerability that has entailed the death of several of its members due to causes that could have been avoided with adequate food and medical care; e) the situation of risk or vulnerability of the Yakye Axa Indigenous Community has been created by State negligence, a fact that has not been challenged; quite the contrary, the State itself declared a “state of emergency in the Community” in 1999. Said negligence took place in a context in which Paraguay has the obligation to ensure the conditions required for attainment of a decent life, a duty that is underlined by the commitment reflected in Article 26 of the American Convention, to take appropriate steps for complete realization of social rights. Nevertheless, by omission in its public health policies, the State diminished the enjoyment of basic public health, nutritional and housing conditions by the members of the Yakye Axa Community; f) the decree that declared a state of emergency in the Community has not been made effective in an appropriate manner. Supply of food and medical care by the State for the members of the Yakye Axa Community has been clearly insufficient and irregular, and

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