Court/Judicial body: Inter-American Court of Human Rights
Date: 29 March 2006
Instrument(s) cited: American Convention on Human Rights
Case summary
The Court ruled in favour of the Sawhoyamaxa community that Paraguay had violated their right to life under articles 1:1 and 19. The Sawhoyamaxa community lived on disputed land which they claimed through ancestrl rights. This dispute meant that births and deaths in the community were not registered, making it hard for children in the community to access healthcare and education. The children who did attend local schools were not taught in their own language and were discriminated against by teachers and pupils. Despite the government declaring the situation of the Sawhoyamaxa an emergency in 1999, no resolution was ever passed to assist the community. The court ruled that the government must: Adopt legislative and administrative measures to ensure the community rights to their land. Implement a community fund for the Sawhoyamaxa. Pay compensation for non-pecuniary damage. Deliver basic supplies and services to the community. Implement a registration and documentation plan. Set up a community health care system.
Link to full judgement: http://www.corteidh.or.cr/docs/casos/articulos/seriec_146_ing.doc