Brand new court plus found that the city got a directly to be supplied court reputation to help you make use of its members’ complete rights since an united states, and this Paraguay’s lingering refusal to spot you to updates try a citation in the right
The fresh new Inter-Western Percentage to the People Rights alleged one, because of the not valuing ancestral possessions liberties, the federal government out of Paraguay endangered the new Yakye Axa Indigenous Community’s availableness to help you food, liquid and you may healthcare, and endurance in the pass from Posts cuatro (directly to existence), 8 (right to reasonable trial), 21 (straight to property) and 25 (judicial security) of your own Western Convention toward Person Liberties. The new courtroom detailed one Paraguay was obligated to be the cause of the commercial and you will social functions, special vulnerability, and customary laws, opinions and you can society off native peoples so you can effectively cover him or her, and found one to Paraguay’s delay during the recognizing the brand new Community’s leaders, court standing and states land violated the brand new Community’s liberties so you’re able to judicial shelter, a reasonable demonstration, assets, and in the end a significant lifestyle. As a result, the fresh new judge bought that Paraguay supply the People – “especially people, the elderly and you will expectant mothers” — having reparations, and additionally compensation, sustenance and water, cleanliness, access to health care, and you may rightful term to their conventional region.
Town said this particular decreased access to property and you can palms of the territory, and additionally intimidating the latest endurance 
of one’s Community, triggered health, scientific and you may fitness susceptability so you’re able to their players, causing, among other things, the new loss of expectant mothers, pupils, therefore the elderly. The latest legal receive Paraguay when you look at the admission regarding Posts step three (Directly to Juridical Identity), 4 (Directly to Lifestyle), 5 (individual ethics), 8.1 (Trial), 19 (Liberties of your Son), 21 (To Property) and you can twenty five (Judicial Security) of Discussion, about the new obligations created in Stuff step 1.step 1 (Responsibility to help you Value Rights) and you can dos (responsibility to adopt domestic rules). The brand new judge ordered Paraguay to engage in a few reparation procedures, plus going back residential property towards the Community, problems and you may endeavors not to ever repeat eg conduct also to let the community having treatment. Among other procedures ordered of the legal, Paraguay should provide immediate “extra care so you can ladies who is expecting, one another ahead of birth and you may inside first days thereafter, in addition to infant.”
New courtroom detailed several specific samples of risks faced because of the ladies of Area, including instances where a lady was endangered because of the one wielding a shotgun and one where a woman is sexually exploited by Condition experts
This situation involved circumstances within coverage of insecure members of native teams, such as for instance youngsters, pregnant women, in addition to more mature. A beneficial petition is recorded facing Paraguay on the part of the brand new Sawhoyamaxa Native Society, alleging violations out of, on top of other things, the authority to fair demonstration and judicial coverage, the legal right to assets and also the straight to lifestyle. The petition noted these particular abuses place children, expecting mothers and also the more mature when you look at the for example vulnerable things. The newest Legal discover Paraguay to be in ticket out of Content 1(1), 2, 3, 4(1), 8, 19, 21 and you can twenty five of Western Seminar towards the Person Rights. New Courtroom ordered Paraguay so you can officially and you may privately express into the Sawhoyamaxa their conventional countries, to ascertain a community advancement financing, to pay non-pecuniary damage, to own Sawhoyamaxa having first fundamentals until the places have been restored, to own Sawhoyamaxa with the requisite systems for correspondence to help you access fitness authorities, in order to locally enact rules undertaking a process to have native organizations so you can reclaim their antique countries.