252. Consequently, the Court concludes that, although the State has made an effort
to overcome the situation of under-registration of the members of the Community, the
body of evidence reveals that it has not guaranteed adequate access to civil
registration procedures that take into account the particular situation of the members
of the Community, in order to ensure that they are issued appropriate identity
documents.
253. Nevertheless, the Court was not provided with the names of the members of
the Community who lack identity documents. The only persons identified by name are
those who died and who are mentioned in section 2 of Chapter VII of this judgment,
concerning the right to life. It should be noted, that the Court required the State to
provide their identity documents and death certificates. In this regard, the
representatives presented some identity documents;285 however, the State did not
provide any documents, which leads the Court to conclude that the documents of the
other individuals were not provided because they did not have them.
254. Based on the above, the Court declares that the State violated the right
embodied in Article 3 of the American Convention, in relation to Article 1(1) thereof to
the detriment of: (NN) Jonás Ávalos or Jonás Ríos Torres; Rosa Dermott; Yelsi Karina
López Cabañas; Tito García; Aída Carolina González; Abundio Inter. Dermot; (NN)
Dermott Larrosa; (NN) Ávalos or Ríos Torres; (NN) Dermott Martínez; (NN) Dermott
Larrosa; (NN) García Dermott; Adalberto González López; Roberto Roa Gonzáles; (NN)
Ávalos or Ríos Torres; (NN) Ávalos or Ríos Torres; (NN) Dermott Ruiz; Mercedes
Dermott Larrosa; Sargento Giménez and Rosana Corrientes Domínguez.
*
*
*
255. The representatives also indicated that “the State is violating the right to
juridical personality of the Community by denying its ethnic composition.” In this
regard, the Court has already examined the representatives' arguments in Chapters
V(2) and VI. Also, although these facts constitute obstacles to granting title to the
land, and also adversely affect the possibility of self-determination for the Xákmok
Kásek Community, insufficient evidence and arguments have been presented to allow
the Court to declare the autonomous violation of Article 3 of the Convention to the
detriment of the Community.
X
RIGHTS OF THE CHILD
ARTICLE 19 OF THE AMERICAN CONVENTION)
256. The Commission indicated that the children, “in particular, have suffered due to
the subhuman living conditions to which the Community is subjected.” The
representatives indicated that “[t]here are children among the victims of all the rights
the State is alleged to have violated” and that these children “were not provided with
the special measures of protection that their vulnerable situation, due to their age,
285
From the documentary evidence provided by the parties, the Court has the following documents in
relation to death certificates, identity documents, and birth certificates: copy of death certificate of Felipa
Quintana of May 13, 2008 (merits file, tome III, folio 1140); copy of death certificate of Sara Gonzáles of
August 25, 2008 (case file of Merits, folio 1142, tome III); copy of identity card of Felipa Quintana (merits
file, tome III, folio 1139); copy of birth certificate of Sara Gonzáles (merits file, tome III, folio 1141); copy
of identity card of Gilberto Dermott Quintana (merits file, tome III, folio 1143); copy of identity card of
Remigia Ruíz (merits file, tome III, folio 1144); copy of birth certificate of Wilfrida Ojeda Chávez (merits file,
tome III, folio 1146); copy of identity card of Luisa Ramírez Larrosa (merits file, tome III, folio 1147), and
copy of identity card of Rosa Larrosa Domínguez (merits file, tome III, folio 1148).
59
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