Unanimously, that
8.
The State violated the rights of the child established in Article 19 of the
American Convention, in relation to Article 1(1) thereof, to the detriment of all the
children of the Xákmok Kásek Community, in the terms of paragraphs 259 to 264 of
this judgment.
By seven votes to one, that
9.
The State failed to comply with its obligation not to discriminate established in
Article 1(1) of the American Convention, in relation to the rights recognized in Articles
21(1), 8(1), 25(1), 4(1), 3 and 19 of the American Convention, in the terms of
paragraphs 273 to 275 of this judgment.
Unanimously, that:
10.
The State indicated its acceptance of certain reparations, according to the
provisions of paragraph 32 of this judgment, and this has been assessed positively by
the Court, as established in the said paragraph of this judgment.
AND ORDERS,
unanimously, that:
11.
This judgment constitutes per se a form of reparation.
12.
The State must return to the members of the Xákmok Kásek Community the
10,700 hectares it is claiming, in the way and within the time established in
paragraphs 281 to 290 of this judgment.
13.
The State must ensure immediately that the territory claimed by the
Community is not harmed due to actions of the State itself or of private third parties,
in the terms of paragraph 291 of this judgment
14.
The State must, within six months of notification of this judgment, remove the
formal obstacles to granting title to the 1,500 hectares of “25 de Febrero” to the
Xákmok Kásek Community, in the terms of paragraph 293 of this judgment.
15.
The State must, within one year of notification of this judgment, grant title to
the 1,500 hectares of “25 de Febrero” to the Xákmok Kásek Community, in keeping
with the provisions of paragraphs 294 and 295 hereof.
16.
The State must organize a public act of acknowledgement of responsibility
within one year of notification of this judgment, in the terms of paragraph 297 hereof.
17.
The State must make the publications ordered in paragraph 298 of this
judgment, in the manner and within the time indicated in the said paragraph.
18.
The State must broadcast the official summary of the judgment delivered by the
Court on a radio station with widespread coverage in the Chaco region, in the way and
within the time indicated in paragraphs 301 and 302 of this judgment.
19.
While it is processing the award of the traditional land or, if applicable, alternate
land to the members of the Community, the State must take immediately, periodically
or permanently the measures indicated in paragraphs 301 and 302 of this judgment.
20.
The State must prepare the study indicated in paragraph 303 within six months
of notification of this judgment in the terms of paragraphs 304 and 305 hereof.
77
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