78 a) in the instant case, Paraguay has violated its obligation to guarantee the right to life to the members of the Sawhoyamaxa Community, since the lack of recognition and protection of their lands forced them to live on a roadside and deprived them from access to their traditional means of subsistence; b) The provision of food and medical care by the State to the members of the Community has been clearly insufficient and irregular, and c) thirty-one members of the Community died between 1991 and 2003. Nine were more than 18 years old, twenty were boys and girls and there are two dead persons of whom there is no data regarding their age at the time of death. The causes of death in the twenty cases of boys and girls are tetanus, measles, enterocolitis, pneumonia, dehydration and cachexia, being all of them medical conditions that could have been prevented and cured, or even better, avoided by allowing the members of the Community to live in a healthy environment, avoiding exposure to the risks brought about by their indefinite situation, dwelling alongside a public road. Arguments by the Representatives 146. As regards to Article 4 of the Convention, regarding Article 1(1) thereof, the representatives alleged the following: a) the State has violated the right to life of the Sawhoyamaxa Community and its members: i) by failing to restore to the Community their ancestral lands and their traditional habitat, thus affecting their different way of life, as wel as their life projects; ii) by failing to guarantee decent living conditions respectful of their distinctive way of living; iii) by failing to adopt the necessary measures to overcome the conditions of extreme vulnerability and risk in which they live, and iv) by failing to adopt the necessary measures to prevent and avoid the death of the 31 members of the Community to whom reference was made in the brief of requests and arguments, and the death of 14 more members who died after 2003, and b) even though the State declared the Community to be in an emergency and undertook to adopt the necessary measures to ensure the right to life, physical integrity and safety of its members, such services have been insufficient and deficient, and the vulnerability and risk situation has continued. Arguments by the State 147. As regards to Article 4 of the American Convention, regarding Article 1(1) thereof, the State alleged the following: a) A public health service has been made available to indigenous peoples, as well as to all the citizens. However, it is the personal responsibility of the citizens to reach health centers; and, in the case of the indigenous communities, leaders as well as chiefs share the responsibility of taking their people to such centers, or at least, to make it possible for assistance

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