Spanish
This case was concerned with an action to protect the health of children in the indigenous community of Paynemil. The operation of a nearby oil company caused the childrens’ water supply to be contaminated with lead and mercury and the claimants alleged that the State violated the right to health of children by failing to prevent this contamination. The Court was asked to order the State to provide potable water for the victims and to adopt measures for their treatment as well as for the prevention of soil and water contamination.
The lower court decided in favour of the petitioners and issued a respective order. The State appealed this decision on the basis of mistakes concerning the legal formality of the case. However, the Court rejected these arguments and upheld the lower Court’s decision. It held that the children’s right to health was affected and that the provincial government had failed by omission to mitigate the situation.
The Court issued another respective order to bring the State to solve the situation.