Paraguay -- I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay (June 15, 2005) (english version)

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(summary below)

The Court considered Paraguay had failed to adopt adequate measures to ensure its domestic law guaranteed the community's effective use and enjoyment of their traditional land, thus threatening the free development and transmission of its culture and traditional practices.  The Court also concluded Paraguay had violated the rights to property and court protection, as well as the right to life, since it had prevented the community from access to its traditional means of livelihood.  Furthermore, the Court understood that the State had failed to adopt necessary positive measures to ensure the community lived under dignified conditions during the period they had to do without their land.  While they stayed on the side of a road across from the land they claimed, the community lacked adequate access to food, health services and education.  Sixteen persons died due to the said living conditions.  The Court concluded the State had the obligation to adopt positive measures towards a dignified life, particularly when high risk, vulnerable groups were at stake, whose protection became a priority.  The Court ordered the State to demarcate the traditional land, to submit it to the community at no cost, and to provide basic goods and services necessary for the community to survive until they recovered their land.  

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Countries and Regions: Amérique du Sud
Resource Type: Jurisprudence
Resource Topic: Convention 169 Peuples autochtones