their situation of severe deprivations, these indigenous communities lack strategies
to enable them to adequately address the risks to which they are exposed in a way
that would allow them to take advantage of opportunities to improve their living
conditions and achieve the minimum conditions for a decent life.
21.
The right to life is established in different instruments and, under them, the
existence of extreme poverty, which is increasing in Paraguay, means the denial of
economic, social, and cultural rights, including the rights to adequate nutrition,
health, food, and work. The United Nations Commission on Human Rights recognized
that extreme poverty threatens the fundamental right to life, and determined which
human rights are essential for the protection of life (food, potable water, health). For
its part, the World Conference on Human Rights, held in Vienna in 1993, considered
that extreme poverty constitutes a threat to human dignity, as has been noted in
previous judgments. In the case of the indigenous communities, particularly those
affected by extreme poverty, that situation involves the systematic denial of the
possibility of enjoying the inherent rights of the human being. The Xákmok Kásek
Community is certainly affected by extreme poverty, as revealed by the testimony of
witnesses and expert witnesses.
22.
The State’s interventions must prevent, mitigate and overcome the risks,
such as malnutrition, the prevalence of anemia, morbidity, and mortality, creating
the minimum conditions with regard to health care, adequate nutrition, education,
job training, and income generation. In the case of the Paraguayan State, although it
attends to the entire vulnerable population, it does not do so more adequately owing
to its limited resources.
23.
The State's obligation to take positive measures to protect the right to life,
even though it includes providing services to vulnerable groups affected by extreme
poverty, cannot be limited to this, because, by not attacking the root causes of
poverty in general, and extreme poverty in particular, this assistance is unable to
create the above-mentioned conditions for a decent life.
24.
In my opinion, the evolving interpretation of the right to life established in the
American Convention should take into consideration the socio-economic situation of
Paraguay and of most Latin American countries, characterized by the increase in
extreme poverty in both absolute and relative terms, despite the implementation of
social protection policies. The interpretation of the right to life does not relate only to
monitoring the State’s compliance with the provision of social protection services that
guarantee minimum living conditions temporarily without tackling the underlying
causes of poverty, which reproduce the situation and create more poor people, as
discussed within the United Nations. This implies the need to relate poverty
eradication measures to all the factors that give rise to poverty, taking into account
the impact of the decisions taken by States, and multinational and multilateral
organizations: national and international actors and institutions are among those
responsible for the reproduction of conditions of poverty.
25.
In this context, the intervention capacity of the States of developing
countries, including Paraguay, and the application of international norms relating to
extreme poverty is not a legal issue that involves only the State, which is often
conditioned both by the limited financial resources available to it and structural
factors linked to the “adjustment process,” which the State of Paraguay has no
control over, considered in isolation. International responsibility is not limited to the
right to international assistance in the event that a State Party is unable to achieve,
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