87
73(74)(14).) Despite having received some kind of medical care, it was was not
timely nor sufficient.
176.
Taking the foregoing into account, the Court considers that the facts stated in
the above paragraphs, which have not been contested by the State, and in respect of
which the State has not filed any specific evidence to the contrary, confirm the
statement by expert witness Balmaceda, in the sense that “the few [ill persons in the
Community] that managed to reach a doctor or a medical center, did so when it was
too late or were very deficiently treated, or more precisely, were inhumanely
treated.” Therefore, the Court considers that such deaths are attributable to the
State.
177. As regards to the right to life of children, the State has, in addition to the
duties regarding any person, the additional obligation to promote the protective
measures referred to in Article 19 of the American Convention, which states the
following: “[E]very minor child has the right to the measures of protection required
by his condition as a minor on the part of his family, society, and the state.” Thus,
on the one hand, the State must undertake more carefully and responsibly its special
position as guarantor, and must adopt special measures based on the best interest of
the child.222 The aforesaid cannot be separated from the likewise vulnerable situation
of the pregnant women of the Community. States must devote special attention and
care to protect this group and must adopt special measures to secure women,
specially during pregnancy, delivery and lactation, access to adequate medical care
services.
178.
Considering the aforesaid, the Court finds that the State violated Article 4(1)
of the American Convention, as regards to Article 1(1) thereof, since it has not
adopted the necessary positive measures within its powers, which could reasonably
be expected to prevent or avoid risking the right to life of the members of the
Sawhoyamaxa Community. The Court considers that the deaths of 18 children
members of the Community, to wit: NN Galarza, Rosana López, Eduardo Cáceres,
Eulalio Cáceres, Esteban González-Aponte, NN González-Aponte, NN Yegros, Jenny
Toledo, Guido Ruiz-Díaz, NN González, Diego Andrés Ayala, Francisca Britez, Silvia
Adela Chávez, Esteban Jorge Alvarenga, Derlis Armando Torres, Juan Ramón
González, Arnaldo Galarza and Fátima Galarza (supra para. 73(74)) are attributable
to the State, precisely for the lack of prevention, which furthermore additionally
violates Article 19 of the Convention. Likewise, the Court finds that the State violated
Article 4(1) of the American Convention, as regards to Article 1(1) thereof, due to
the death of Luis Torres-Chávez, who died of enterocolitis, without any kind of
medical care (supra para. 73(74).
*
179. From what is known about the deaths of Wilfredo González (supra para.
73(74)(25), Teresio González (supra para. 73(74)(26)) and Marcos Chávez (supra
para. 73(74)(23)), who died after alleged work and traffic accidents, as well as the
death of Antonio Alvarenga (supra para. 73(74)(24)), who was allegedly deprived of
222
Cf. Case of the “Mapiripán Massacre”, supra note 9, para. 152; Case of the Indigenous
Community of Yakye Axa, supra note 1, para. 172, and Case of "Juvenile Reeducation Institute” supra
note 211, para. 160. In that sense, also, Cf. Juridical Condition and Human Rights of Children. Advisory
Opinion AO-17/02 of August 28, 2002. Series A No. 17, paras. 56 and 60.