Legal Material

Case of the Sawhoyamaxa Indigenous Community v Paraguay, Sawhoyamaxa Indigenous Community of the Enxet-Lengua people v Paraguay, Merits, reparations and costs, IACHR Series C No 146, IHRL 1530 (IACHR 2006), 29th March 2006, Inter-American Court of Human Rights [IACtHR]



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Whether Paraguay had violated Articles 8 and 25 with relation to Articles 1 and 2 of the American Convention on Human Rights (‘ACHR’) by failing to provide an effective judicial remedy to an indigenous community who wished to protect their ancestral lands through numerous legal claims and proceedings.

Whether Paraguay had violated Article 21 of the ACHR by depriving the indigenous community of possession of their land and their ability to participate in their culture, and by failing to provide effective remedies to allow them to regain access to these lands.

Whether Paraguay had violated Articles 4 and 19 of the ACHR by denying the indigenous community access to its lands, thus prompting the community to live in poor conditions making them vulnerable to disease and risk, and unable to access medical care, resulting in the death of at least 30 individuals, at least 20 of whom were children.

Whether Paraguay had violated Article 3 of the ACHR by failing to register or document the existence of a number of members of the indigenous community.

Keywords: Human rights, collective rights; Human rights, cultural rights; Human rights, economic, social, and cultural rights; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, right to adequate standard of living; Human rights, right to be recognized as a person before the law; Human rights, right to education; Human rights, right to effective remedy; Human rights, right to food; Human rights, right to health; Human rights, right to housing; Human rights, right to life; Human rights, right to property; Indigenous peoples

Legal Material.  86777 words. 

Subjects: Public International Law ; International Law ; Law

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