84 166. Consequently, this Court considers that the State has not adopted the necessary measures for the members of the Community to leave the roadside, and thus, abandon the inadequate conditions that endangered, and continue endangering, their right to life. * 167. As regards to the provisional measures, the Court notices that in Paraguay, domestic legislation (supra para. 73(72)) grants indigenous peoples the right to receive free medical care in public health centers, and they are exempted from paying for all medical check-ups, tests and other medical procedures carried out at the Hospital Nacional de Itaugua (Itaugua National Hospital) and at all the other medical centers of the country within the jurisdiction of the Ministerio de Salud Pública y Bienestar Social (Ministry of Public Health and Social Welfare)217 (supra para. 73(72).) Likewise, the Court acknowledges and appreciates the initiative promoted by Paraguay by the adoption of Presidential Order Nº 3789 (supra paras. 73(62) and (63),) for the delivery of a certain amount of food, medical-sanitary attention and educational material to such Community. However, the Court considers, as in many other occasions,218 that legislation alone is not enough to guarantee the full effectiveness of the rights protected by the Convention, but rather, such guarantee implies certain governmental conducts to ensure the actual existence of an efficient guarantee of the free and full exercise of human rights. 168. In the instant case, together with the lack of lands, the life of the members of the Sawhoyamaxa Community is characterized by unemployment, illiteracy, morbidity rates caused by evitable illnesses, malnutrition, precarious conditions in their dwelling places and environment, limitations to access and use health services and drinking water, as well as marginalization due to economic, geographic and cultural causes (supra paras. 73(61) to (74).) 169. During the two years following the submission by Miguel Chase-Sardi of the anthropological report to the INDI, communicating the precarious situation of the Community and the death of several children, the State did not take any specific measure to prevent the violation of the right to life of the alleged victims. During that period, at least four persons died (supra para. 73(74)(2), (3), (4) and (21).) 170. It was not until June 23, 1999 that the President of the Republic of Paraguay issued the aforementioned Presidential Order Nº 3789 declaring the Sawhoyamaxa Community in a state of emergency. However, the measures adopted by the State in compliance with such order cannot be considered sufficient and adequate. Indeed, for six years after the effective date of the order, the State only delivered food to the alleged victims on ten opportunities, and medicine and educational material in two opportunities, with long intervals between each delivery (supra para. 73(64) to (66).) These deliveries, as well as the amounts delivered, are obviously insufficient to revert the situation of vulnerability and risk of the members of this Community and to prevent violations to the right to life, to the point that after the emergency 217 Cf. Affidavit of César Escobar-Cattebecke, dated February 18, 2005, supra note 143, and circular S.G No. 1 of the Ministerio of Salud Pública y Bienestar Social [Ministry of Public Health and Social Welfare,] dated February 24, 2005, supra note 143. 218 Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 142.

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