measures taken to ensure the right of property of the Xákmok Kásek Community were not effective owing to the absence of norms under domestic law. 15. Regarding the alleged violation of Articles 8 and 25 of the American Convention (Judicial Guarantees and Judicial Protection) and, more specifically, with regard to the proceedings filed against the members of the Community, I consider that the harm caused to the Community relating to the violation of procedural guarantees, which originated in the early procedural stages in first instance, could have been remedied under domestic law in later stages of the same proceedings. III. Dissenting opinion. Right to Life 16. With regard to the alleged violation of Article 4(1) of the American Convention (Right to Life), the Inter-American Commission’s application affirms that the State of Paraguay failed to comply, to the detriment of the Xákmok Kásek Community, with the obligation to guarantee the right to life established in Article 4(1) of the American Convention, to the detriment of the duly identified deceased members of the indigenous Community, and that the State “has placed all the members of the Community, in a permanent situation of risk,” affecting their exercise and enjoyment of their fundamental human rights, since the Community remains in a vulnerable situation. The said Article 4 of the Convention establishes: Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 17. Regarding the indigenous persons who are deceased, it should be noted that, if complaints of possible negligence that could lead to avoidable deaths had been alleged opportunely, under domestic law it would have been possible to remedy, or at least alleviate, the ailments in question. If that path had been followed, it would have permitted the investigation of violations of the right to life, the punishment of those responsible, and the granting of reparation to the families of the victims. The absence of reparation, in proven cases of negligence by State agents, could have resulted in the responsibility of the State of Paraguay in the domestic sphere. 18. It is worth mentioning that, unlike other very isolated communities, the settlement of the Xákmok Kásek Community in the Salazar Ranch was a short distance from the Trans-Chaco highway and, therefore, it was possible to request an ambulance from the health clinic of the District of Irala Fernandez, under Dr. Rolon, located on this highway, less than an hour away. In addition, the Community had a health extension worker. 19. Nevertheless, the interpretation of the right to life to include positive measures of protection so that the indigenous peoples may enjoy their right to a decent life is based on legal doctrine and international jurisprudence and entails progress in international human rights law. 20. The Inter-American Court has indicated that the obligation of the State to take positive measures should be prioritized precisely in relation to the protection of the life of the most vulnerable individuals, such as the indigenous peoples. This concept of the right to life, referred to indigenous communities living in extreme poverty, which can be manifested in preventable illnesses and deaths, affirms the obligation to provide social protection and to eradicate extreme poverty. Owing to 4