This new court as well as learned that the city had a straight to end up being granted courtroom position in order to make use of their members’ complete liberties since the a people, and this Paraguay’s constant refusal to identify one to position are a beneficial ticket with the best
The Inter-American Commission with the People Legal rights alleged you to, from the maybe not respecting ancestral assets liberties, the us government away from Paraguay threatened the new Yakye Axa Local Community’s accessibility so you’re able to dining, h2o and you will medical care, and you may success for the ticket out-of Articles 4 (straight to existence), 8 (to fair demo), 21 (right to property) and twenty five (official defense) of your American Conference towards Human Legal rights. The brand new judge indexed you to definitely Paraguay are compelled to make up the economical and you can societal properties, special susceptability, and you may conventional laws and regulations, beliefs and you can traditions out of local peoples to effectively include him or her, and found one Paraguay’s slow down from inside the recognizing the newest Community’s leadership, court updates and you can states belongings broken the fresh new Community’s liberties so you’re able to official coverage, a good trial, property, and finally a decent lives. As a result, brand new legal ordered that Paraguay supply the Area – “specifically children, seniors and expectant mothers” — which have reparations, in addition to payment, water and food, sanitation, entry to healthcare, and you can rightful label to their antique territory.
The community stated this not enough entry to possessions and possession of their territory, along with harmful the newest endurance of one’s Society, lead to nutritional, medical and you can fitness vulnerability to their professionals, leading to, among other things, the loss of pregnant women, college students, therefore the elderly. The legal receive Paraguay during the pass off Stuff step three (Directly to Juridical Identification), cuatro (Right to Lifestyle), 5 (individual integrity), 8.step 1 (Trial), 19 (Liberties of one’s Man), 21 (Straight to Assets) and you will twenty five (Judicial Cover) of one’s Seminar, in relation to brand new debt established in Stuff step one.step 1 (Duty to help you Admiration Legal rights) and 2 (obligation to look at residential rules). The brand new courtroom purchased Paraguay to take part in several reparation tips, also going back property to your People, damage and endeavors never to repeat such perform and let the community which have rehab. Among almost every other methods purchased because of the courtroom, Paraguay must provide quick “additional care in order to ladies who is pregnant, both ahead of delivery and you will inside the very first days thereafter, and the infant.”
This new judge noted multiple particular examples of dangers encountered from the female of Society, and additionally hours where a lady try threatened from the a person wielding good shotgun and something where a woman was sexually cheated because of the Condition pros
This case in it facts within exposure out-of insecure members of native organizations, eg youngsters, expectant mothers, as well as the elderly. A beneficial petition was recorded facing Paraguay for brand new Sawhoyamaxa Local Neighborhood, alleging violations of, among other things, the legal right to reasonable demo and you can official defense, the authority to assets and directly to existence. The new petition noted that these abuses put pupils, pregnant women while the more mature during the eg vulnerable things. The fresh new Judge located Paraguay to settle citation out of Content 1(1), dos, 3, 4(1), 8, 19, 21 and you will 25 of your American Seminar into the People Liberties. The Judge purchased Paraguay so you’re able to formally and you can personally communicate towards the Sawhoyamaxa their conventional countries, to ascertain a residential area innovation finance, to expend non-pecuniary problems, to offer the Sawhoyamaxa which have very first single women dating in San Antonio city necessities up to the lands was in fact restored, to provide the Sawhoyamaxa into the expected systems for interaction so you can supply wellness regulators, and locally enact laws creating a mechanism having native teams so you’re able to recover their old-fashioned countries.