81
g) there is a clear causal relationship between the State’s omissions and acts
and placing the Community in a situation in which the lives of its members
are diminished or truncated in an arbitrary manner.
Pleadings of the representatives
158.
With regard to Article 4 of the Convention, the representatives alleged that:
a) the right to life is a basic right, whose protection depends on realization of
the other rights. In view of this, the States are under the obligation to ensure
the establishment of conditions required for full enjoyment and exercise of
that right. This entails positive protection measures by the State. Not taking
such measures may create or foster conditions that lead to the death of
individuals;
b) the State’s duty to take positive measures is accentuated precisely in
connection with protection of the lives of vulnerable and defenseless persons,
who are at risk. To identify said measures, it is necessary to resort to Article
10(2) of the San Salvador Protocol, as a provision that sheds light on
interpretation of the positive measures that the State was under the
obligation to take to ensure, in this case, the right to life of the members of
the Community who died alongside the road;
c) the situation of extreme vulnerability, defenselessness and risk of the
Yakye Axa Community, insofar as it is relevant here, is due to the extremely
precarious and poor material and economic living conditions, together with
geographical and economic obstacles that hinder access to medical care;
d) the State is responsible, in the instant case, for violation of the right to life
of the sixteen members of the Yakye Axa Community who have died in their
current settlement due to the precarious medical-sanitary conditions and
those regarding water and food, under which the Yakye Axa Community has
had to live due to lack of an appropriate and timely response of the State to
their claim for ancestral lands, and which furthermore could have been
satisfied by the State in a timely and appropriate manner. Said deaths could
have been avoided if the State had taken the positive protection measures
required by the Community and by its members;
e) the right to life has also been abridged, to the detriment of the
Community and of its members, by no allowing them to fully exercise the
right to access to conditions that would enable each of them to live a decent
life. The precarious material conditions and the poverty in which they live
today explicitly reflect the lack of full and effective enjoyment of such basic
rights as the right to health, the right to food and the right to education. This
shortcoming does not allow the Community and its members to enjoy decent
living conditions;
f) in light of ILO Convention No. 169, it is necessary to take into account
that protection of the right to life and integrity of the indigenous peoples
cannot be disassociated from protection of economic, social, and cultural
rights. Guaranteeing said rights is a necessary condition to comply with the
requirement of decent living conditions, without which it is difficult, if not
impossible, to develop flourishing life aspirations;
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