Yakye Axa Indigenous Community v. Paraguay, the Court reiterated its case law in this regard and
indicated that:
“In essence, this right includes not only the right of every human being not to be deprived
arbitrarily of his life, but also the right that conditions are not created that prevent or
obstruct access to a dignified existence.” 57
100. As a corollary of a dignified life or existence, the Court has emphasized that States have
the obligation to ensure certain basic living conditions and to abstain from taking measures that
could create conditions that would obstruct the access to a dignified existence by taking positive
concrete measures to this end. In the words of the Court:
“One of the obligations that the State must inescapably undertake as guarantor, to protect
and ensure the right to life, is that of generating minimum living conditions that are
compatible with the dignity of the human person and of not creating conditions that
hinder or impede it. In this regard, the State has the duty to take positive, concrete
measures geared toward fulfillment of the right to a decent life, especially in the case of
persons who are vulnerable and at risk, whose care becomes a high priority.” 58
101. The relationship between the degradation of the environment and the violation of the right
to a decent life, as indicated in Section 1, has long been recognized. For example, Principle 1 of
the Stockholm Declaration of June 1972, adopted by the United Nations Conference on the
Human Environment, established that:
“Man has the fundamental right to freedom, equality and adequate conditions of life, in
an environment of a quality that permits a life of dignity and well-being.” 59
102. The intrinsic relationship that exists between the environment and the right to life was
also recalled by the Commission in the “Report on the situation of human rights in Ecuador” as
follows:
“The realization of the right to life, and to physical security and integrity is necessarily
related to and in some ways dependent upon one's physical environment. Accordingly,
where environmental contamination and degradation pose a persistent threat to human
life and health, the foregoing rights are infringed.” 60
103. As a result of the relevance of the physical environment for the exercise of the right to
life, the Commission clarified that States have the obligation to take any reasonable measure to
prevent cases of “serious environmental pollution” that could threaten the life and health of the
57
ICourtHR, Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, reparations and costs.
Judgment of June 17, 2005. Series C No. 125, para. 161; Case of the Juvenile Re-education Institute v. Paraguay.
Judgment of September 2, 2004. Series C No. 112, para. 156; Case of the Gomez Paquiyauri Brothers v. Peru.
Judgment of July 8, 2004. Series C No 110, para. 128; Case of Myrna Mack Chang v. Guatemala, Judgment of
November 25, 2003. Series C No. 101, para. 152, and Case of the “Street Children (Villagrán Morales et al.) v.
Guatemala. Judgment of November 19, 1999. Series C No. 63, para. 144.
58
ICourtHR, Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, reparations and costs.
Judgment of June 17, 2005. Series C No. 125, para. 162.
59
Stockholm Declaration, United Nations Conference on the Human Environment, June 5 to 16, 1972.
60
IACHR, Report of the situation of human rights in Ecuador, OEA/Ser.L/V/11.96, Doc. 10 rev. l, April 24,
1997, Chapter VIII, 2.
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents