The fresh court including discovered that the city had a right to be provided courtroom updates in order to take advantage of its members’ full legal rights while the an us, and therefore Paraguay’s constant refusal to understand one condition are a beneficial admission regarding the proper
Brand new Inter-Western Commission into Peoples Liberties alleged that, of the perhaps not valuing ancestral possessions rights, the federal government out of Paraguay threatened the fresh Yakye Axa Local Community’s availableness so you can food, water and you may medical care, and you can success within the violation off Posts cuatro (directly to lifestyle), 8 (right to fair trial), 21 (straight to assets) and twenty five (judicial protection) of the American Meeting on People Rights. The latest court detailed you to definitely Paraguay was obligated to account fully for the commercial and social services, special susceptability, and you can standard guidelines, values and culture regarding local peoples so you’re able to efficiently include him or her, and discovered one Paraguay’s reduce within the taking the fresh new Community’s frontrunners, legal status and you will states property violated the fresh Community’s rights to judicial security, a good demonstration, property, and finally a significant lifestyle. As a result, the fresh judge bought that Paraguay deliver the People – “specifically children, the elderly and you may women that are pregnant” — that have reparations, plus payment, food and water, cleanliness, accessibility medical care, and rightful title on their conventional region.
The city claimed this diminished access to assets and palms of its region, including intimidating this new survival 
of your Society, resulted in health, scientific and you may fitness susceptability so you can their users, ultimately causing, among other things, this new death of expecting mothers, children, plus the more mature. Brand new courtroom discovered Paraguay when you look at the citation from Blogs 3 (Right to Juridical Identification), cuatro (Directly to Life), 5 (personal integrity), 8.1 (Trial), 19 (Rights of Son), 21 (To Assets) and you can twenty-five (Official Cover) of Meeting, in terms of the brand new debt established in Articles step one.1 (Obligations in order to Regard Liberties) and you will dos (obligation to take on home-based rules). The new judge bought Paraguay to take part in a number of reparation methods, in addition to going back home into People, injuries and you may undertakings not to repeat such as conduct also to let town having rehab. Certainly one of other tips purchased by the courtroom, Paraguay should provide quick “special care to help you women who was pregnant, each other just before birth and you will from inside the very first days afterwards, plus the newborn.”
The new courtroom noted several particular types of threats experienced by women of your Area, as well as hours where a woman try threatened by one wielding an excellent shotgun and another where a lady are sexually exploited by the State specialists
This situation with it activities involving the publicity out of insecure people in local organizations, such children, women that are pregnant, in addition to old. A petition try submitted up against Paraguay for the new Sawhoyamaxa Local Community, alleging abuses off, among other things, the authority to fair trial and official security, the legal right to assets together with straight to existence. The fresh new petition indexed that these abuses place people, women that are pregnant in addition to more mature inside the such insecure points. The Judge found Paraguay to stay admission of Blogs step one(1), 2, 3, 4(1), 8, 19, 21 and you may twenty-five of American Discussion towards the Human Rights. The Legal bought Paraguay so you can formally and privately convey to the Sawhoyamaxa the traditional places, to establish a community advancement money, to spend non-pecuniary damages, to offer the Sawhoyamaxa having earliest basics up until their countries was recovered, to provide the Sawhoyamaxa towards the necessary tools to own communication to accessibility wellness bodies, and domestically enact laws doing a system getting native groups in order to recover its antique countries.