Spanish
This case was concerned with an indigenous community’s (the Sawhoyamaxa) claim for ancestral territorial rights brought against the Paraguayan government which had been pending since 1991.
The lands they claimed were at the time owned by corporations. Seeing as the community was relying on the habitat suitable for activities such as hunting, fishing, and gathering, the failure to recognize their title to the lands had negative effects on their nutrition and health. During the time the claim was pending, the Sawhoyamaxa were forced to live by a national road under extreme poverty and deprived of their traditional means of subsistence as well as basic necessities such as access to clean water. This resulted in many deaths and diseases occurring among the community.
The Court held that by failing to improve the Sawhoyamaxa’s situation the State of Paraguay violated the right to life under Article 4 of the American Convention on Human Rights.