medical care or vaccinations.”239 Regarding access to health-care services, “only those
who work on ranches [could] access the [Health Insurance Institute], and even [then],
the use of this insurance is not possible because the cards are not delivered or [the
Community members] do not have the resources to travel to and stay in the Loma
Plata Hospital, which is the closest one.”240 Also, “a 1993 health census conducted by
the National Health Service (SENASA) […] confirmed that a large percentage of the
current Xákmok Kásek population carried the Chagas disease virus.”241
206. Regarding current conditions, the Court has verified that an indigenous
community health care promoter was hired on November 2, 2009.242 Also, following
the issue of Decree No. 1830 on April 17, 2009, the State has organized nine healthcare workshops with the Community,243 during which it attended 474 consultations,
providing treatment and medicines in some cases.244 In addition, the State forwarded
documentation on a project to build a health clinic for the Community, at an estimated
cost of Gs. 120,000,000 (one hundred and twenty million guaranís).245
207. Nevertheless, according to Marcelino Lopez, Community leader, and Gerardo
Larrosa, the Community’s health-care promoter, the health situation is fairly critical.
They indicated that “indigenous people die owing to lack of transportation [or]
medicine,”246 and their perception is that, in the case of “most of the indigenous people
concerned, this is because of the […] Government.”247 Specifically, Gerardo Larrosa
indicated that “the health brigades almost never provide assistance, except on a few
occasions,” and “[t]here is no stock of basic medicines for primary care, or even an
adequate place to store them.”248
208. The Court acknowledges the progress made by the State. However, the
measures taken following Decree No. 1830 (2009) are characterized by being
temporary and transitory. In addition, the State has not guaranteed members of the
Community physical or geographical access to health-care establishments and, from
the evidence provided, there is no indication that positive measures were taken to
guarantee that the medical supplies and services provided would be acceptable, or that
any educational measures were taken on health matters that respected traditional
customs and practices.
239
Cf. CEADUC Anthropological Report, supra note 55, folio 1742.
240
Cf. CEADUC Anthropological Report, supra note 55, folio 1742.
241
Cf. CEADUC Anthropological Report, supra note 55, folio 1742.
242
Cf. Communication MSPyBS/DGAPS No. 865/2009 of December 18, 2009 (file of attachments to the
answer to the application, attachment 1.4, folio 3306).
243
Cf. Report of the General Directorate for Assistance to Vulnerable Groups of December 16, 2009,
supra note 237.
244
Cf. Information presented by the Ministry of Public Health and Social Welfare on December 16,
2009, with data on medical attention provided between May 1 and November 4, 2009, and data from the
lists forwarded by the General Directorate for Assistance to Vulnerable Groups to the Ministry of Public
Health and Welfare (file of attachments to the answer to the application, tome VIII, attachment 4, folios
3292 to 3305), and records of attention provided in January and February 2010 (file of attachments to the
final arguments of the State, folios 4423 to 4435).
245
Cf. Report on the “medical clinic – for the indigenous settlement of the XV sanitary region of
President Hayes” (file of attachments to the answer to the application, attachment 4, folios 3315 to 3321).
246
Testimony of Marcelino López, supra note 63, folio 587.
247
Testimony of Marcelino López, supra note 63, folio 587.
248
Testimony of Gerardo Larrosa, supra note 75, folio 606.
48
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