61
instant case, ,is required to have its legal personality recognized because
their existence as cultural groups is prior to the formation of the State;
however, for a community, understood as a group of families, to access
communal property of a piece of land, said recognition is essential. Therefore,
time should be computed, and actions aimed at enforcing the right to
communal property should be deemed valid, from the moment the
Community obtained such legal personality and not from before that, and
f) it did not violate the rights of the members of the Indigenous Community
or any other indigenous group with respect to the obligation to adopt
domestic legal provisions that ensure the rights of indigenous peoples in
Paraguay. On the contrary, never as in this period of the history of Paraguay
have so many and so varied aspects of the life of the citizens in general and
of indigenous communities in particular been recognized and protected.
Considerations of the Court
77.
Article 8 of the American Convention prescribes that:
1. Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal,
or any other nature.
[…]
78.
Article 25 of the Convention states that:
1. Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
[…]
79.
Article 1(1) of the Convention prescribes that:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of
race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
80.
Article 2 of the Convention states that:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention,
such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
81.
In the instant case, the Court has been requested to rule on the alleged
violations of the rights prescribed in the above mentioned Articles in four
proceedings conducted before domestic authorities, to wit: i) proceedings for