the amount of food provided was insufficient to satisfy, even moderately, the basic
daily dietary needs of any individual.234
201. The inadequate nutrition of the members of the Community has had an impact
on the growth of the children, because “the minimum rate of growth atrophy was
32.2% […], more than double what would be expected for the population in question
(15.9%).”235 Also, the Community’s health care promoter indicated that at least “90%
of the children are malnourished.”236
202. Consequently, despite what the State has indicated, there is no evidence that
the assistance provided has met the nutritional requirements that existed prior to
Decree No. 1830 (supra para. 191).
1.3.
Health
203. Regarding access to health care services, the Commission argued that the
children “suffer from malnutrition” and, in general, the other members of the
Community suffer from diseases such as tuberculosis, diarrhea, Chagas disease, and
other occasional epidemics. In addition, it indicated that the Community has not been
provided with adequate medical care and the children do not receive the necessary
vaccines. The representatives agreed with the Commission’s arguments and clarified
that the new settlement (the village of “25 de Febrero”), is located 75 kilometers from
the nearest health clinic, which operates “deficiently and does not have a vehicle that
could, eventually, reach the Community.” Consequently, “the seriously ill must be
attended to in the hospital in Limpio, which is more than 400 km from the
Community’s settlement, and the bus fare is beyond the means of the members of the
Community.”
204. The State indicated that the “complaints of the Xákmok Kásek leaders
concerning medical care and medicines have been attended to” and indicated that the
public health-care service is free in Paraguay. It reported that, since October 2009, the
State has been employing an indigenous health care promoter to provide services to
the Community, and a Family Health Unit had been assigned.237 Additionally, the State
indicated that it had provided health-care assistance to the Community in its habitat
and that the General Directorate for Vulnerable Groups provided medical assistance
and had designed the health-care policy to be implemented.
205. The case file indicates that, prior to Decree No. 1830, the members of the
Community had “receiv[ed] […] minimal medical assistance”238 and the health clinics
were few and far apart. In addition, for years “the children had not received general
the Republic) / 268 (number of members of the Community) = 87.89 Kg per person. This result 87.89 kg /
300 days, the period of time during which the State provided assistance = 0.29 Kg per day per person
during that time.
234
The Committee on Economic, Social, and Cultural Rights considers that the core content of the right
to adequate food is: “The availability of food in quantity and quality sufficient to satisfy the dietary needs of
individuals, free from adverse substances and acceptable within a given culture.” (United Nations,
Committee on Economic, Social and Cultural Rights. General Comment No. 12, supra note 223, para. 8).
235
Cf. Health evaluation in four Enxet Communities, supra note 218, folio 2649.
236
Cf. Testimony of Gerardo Larrosa, supra note 75, folio 606.
237
Cf. Report of December 16, 2009, signed by María Filomena Bejarano, General Director of the
General Directorate for Assistance to Vulnerable Groups (file of attachments to the answer to the application,
attachment 1(4), folios 3307 to 3308).
238
Cf. CEADUC Anthropological Report, supra note 55, folio 1742.
47
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