10 life lato sensu, that is, the right to life of each and every member of each community. 29. In its jurisprudence constante, this Court has underscored the fundamental character of the right to life, even for the enjoyment of all the other rights,36 and has noticed that its observance appears in “special ways” in certain circumstances37, particularly when the individuals in question are found in a situation of serious vulnerability. That is precisely what happens in the instant case, where the Court failed to reason further —as it should have— on the fundamental right to life in the socially marginal and abandonment circumstances of the cas d'espèce. 30. In its final arguments brief, of February 16, 2006, in the instant case of the Sawhoyamaxa Community, the representatives of the victims pointed out that "Not being allowed to live on their land has prevented members of the Community, among other practices, from burying their dead pursuant to their rites and beliefs."38 Their cultural identity has thus been seriously affected. Living on their ancestral lands is essential to cultivate and preserve their values, including communication with their forebearers. 31. With regard to this, in my long Separate Opinion (paragraphs 60-61) in the case of Moiwana Community v. Suriname (Judgment of 06.15.2005), I allowed myself to recall that respecting the relationships between the living and their dead was present in the very origins of the law of nations, as asserted by H. Grotius, in the XVII century, in chapter XIX of book II of his classic work De Jure Belli ac Pacis (1625), dedicated to “the right of burial”, which is inherent to all human beings, as a 39 precept of “virtue and humanity." And the principle of humanity itself, - as rightly remembered by erudite legal philosopher G. Radbruch, - owes a lot to ancient cultures, having been associated, over time, with the very spiritual formation of 40 human beings . 32. In my next Separate Opinion (of February 8, 2006), in the same Moiwana Community case (Interpretation of Judgment), I insisted on the need for reconstruction and preservation of cultural identity (paragraphs 17-24), on which the project of life and the project of after-life of each member of the community largely depends; the universal juridical conscience – I added – has evolved in such a manner that it recognizes this urgent need, as illustrated in "the significant triad of the Conventions of UNESCO, formed by the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage; the 2003 36 . In its Judgments, for example, in the cases of the “Street Children” (Villagrán-Morales et al., 1999), Bulacio (2003), Juan Humberto Sánchez (2003), Myrna Mack Chang (2003), "Juvenile Reeducation Institute" (2004), 19 Merchants (2004), Huilca Tecse (2005). 37 . IACHR, Case of the Gómez-Paquiyauri Brothers (2004), para. 124. 38 . Page 48 of said brief. 39 . H. Grocio, Del Derecho de la Guerra y de la Paz [1625], volume III (books II and III), Madrid, Edit. Reus, 1925, pages 39, 43 and 45, and cf. page 55. 40 . G. Radbruch, Introducción a la Filosofía del Derecho, 3rd. ed., Mexico/Buenos Aires, Fondo de Cultura Económica, 1965, pages 153-154.