Sawhoyamaxa Indigenous Community v. Paraguay

This case involved issues involving the exposure of vulnerable members of indigenous communities, particularly children, pregnant women, and the elderly. A petition was filed against Paraguay on behalf of the Sawhoyamaxa Indigenous Community, alleging violations of, among other things, the right to fair trial and judicial protection, the right to property and the right to life. The petition noted that these violations placed children, pregnant women and the elderly in particularly vulnerable situations. The Court found Paraguay to be in violation of Articles 1(1), 2, 3, 4(1), 8, 19, 21 and 25 of the American Convention on Human Rights. The Court ordered Paraguay to formally and physically convey to the Sawhoyamaxa their traditional lands, to establish a community development fund, to pay non-pecuniary damages, to provide the Sawhoyamaxa with basic necessities until their lands were restored, to provide the Sawhoyamaxa with the necessary tools for communication to access health authorities, and to domestically enact legislation creating a mechanism for indigenous communities to reclaim their traditional lands.

Topics

• Abortion and reproductive health rights
• Gender discrimination
• International law
• Property and inheritance rights

Geographical location

• South America
• Paraguay

Keywords

• child abuse
• elder abuse
• duty to protect
• fair trial
• judicial protection
• right to property
• right to life
• property rights
• indigenous rights
• native rights
• state responsibility
• state duty

Year

• 2006

External URL

• Sawhoyamaxa Indigenous Community v. Paraguay

Court

• Inter-American Court of Human Rights

Type

• International Case Law

Jurisdiction

• Inter-American Court of Human Rights