84
[e]very person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily deprived
of his life.
161. This Court has asserted that the right to life is crucial in the American
Convention, for which reason realization of the other rights depends on protection of
this one.200 When the right to life is not respected, all the other rights disappear,
because the person entitled to them ceases to exist.201 Due to the basic nature of
this right, approaches that restrict the right to life are not admissible. Essentially,
this right includes not only the right of every human being not to be arbitrarily
deprived of his life, but also the right that conditions that impede or obstruct access
to a decent existence should not be generated.202
162. One of the obligations that the State must inescapably undertake as
guarantor, to protect and ensure the right to life, is that of generating minimum
living conditions that are compatible with the dignity of the human person203 and of
not creating conditions that hinder or impede it. In this regard, the State has the
duty to take positive, concrete measures geared toward fulfillment of the right to a
decent life, especially in the case of persons who are vulnerable and at risk, whose
care becomes a high priority.
163. In the instant case, the Court must establish whether the State generated
conditions that worsened the difficulties of access to a decent life for the members of
the Yakye Axa Community and whether, in that context, it took appropriate positive
measures to fulfill that obligation, taking into account the especially vulnerable
situation in which they were placed, given their different manner of life (different
worldview systems than those of Western culture, including their close relationship
with the land) and their life aspirations, both individual and collective, in light of the
existing international corpus juris regarding the special protection required by the
members of the indigenous communities, in view of the provisions set forth in Article
4 of the Convention, in combination with the general duty to respect rights,
embodied in Article 1(1) and with the duty of progressive development set forth in
Article 26 of that same Convention, and with Articles 10 (Right to Health); 11 (Right
to a Healthy Environment); 12 (Right to Food); 13 (Right to Education) and 14
(Right to the Benefits of Culture) of the Additional Protocol to the American
Convention, regarding economic, social, and cultural rights,204 and the pertinent
200
See Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No.
112, para. 156; Case of the Gómez Paquiyauri brothers, supra note 192, para. 128; Case of Myrna Mack
Chang, supra note 10, para. 152, and Case of the “Street Children” (Villagrán Morales et al.), supra note
182, para. 144.
201
See Case of the “Juvenile Reeducation Institute”, supra note 200, para. 156; Case of the Gómez
Paquiyauri brothers, supra note 192, para. 128; Case of Myrna Mack Chang, supra note 10, para. 152,
and Case of the “Street Children” (Villagrán Morales et al.), supra note 182, para. 144.
202
See Case of the “Juvenile Reeducation Institute”, supra note 200, para. 156; Case of the Gómez
Paquiyauri brothers, supra note 192, para. 128; Case of Myrna Mack Chang, supra note 10, para. 152,
and Case of the “Street Children” (Villagrán Morales et al.), supra note 182, para. 144.
203
204
See Case of the “Juvenile Reeducation Institute”, supra note 200, para. 159.
Paraguay ratified the Additional Protocol to the American Convention on Human Rights regarding
Economic, Social and Cultural Rights on June 3, 1997. The Protocol entered into force internationally on
November 16, 1999.
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