individual, or else, the measures required to respond when anyone has been harmed. 61 104. In the case of the Yakye Axa Indigenous Community v. Paraguay, the Court considered that in order to analyze whether the State had violated the right to life (Article 4 of the Pact) it was necessary to establish: “whether the State had created conditions that exacerbated the difficulties of access to a decent life for the members of the Yakye Axa Community and whether, in that context, it had taken appropriate positive measures to fulfill that obligation, taking into account the especially vulnerable situation in which they were placed, given their different manner of life (different worldview systems than those of Western culture, including their close relationship with the land) and their life aspirations, both individual and collective, in light of the existing international corpus juris regarding the special protection required by the members of the indigenous communities, in view of the provisions set forth in Article 4 of the Convention, in combination with the general obligation to respect rights, embodied in Article 1(1) and with the obligation of progressive development set forth in Article 26 of that same Convention, and with Articles 10 (Right to Health); 11 (Right to a Healthy Environment); 12 (Right to Food); 13 (Right to Education) and 14 (Right to the Benefits of Culture) of the Additional Protocol to the American Convention in the Area of Economic, Social, and Cultural Rights, and the pertinent provisions of ILO Convention No. 169.” 62 105. The Court’s considerations reveal that harm to the environment may also entail harm to the right to a decent life as, indeed, occurred in the facts that the Court was analyzing at that time. 106. In the present case, the magnitude and severity of the environmental damage that could occur in the Wider Caribbean Region represents an imminent threat for the natural habitat of the inhabitants of the coasts and islands of this region, living environment and essential source of their subsistence, decent life and development as individuals and as a community. In this regard, transboundary damage to the marine environment of the Caribbean could affect, irreparably, not only the resources obtained from this environment, but also the quality of life of the inhabitants of the coasts and islands located in this Region, their lifestyle and subsistence, the possibilities of their economic, social and cultural development, and their individual and collective life projects – as indicated in the factual considerations of this request. 107. Considering the possible consequences of severe damage to the marine environment on the quality of life and life projects of the inhabitants of the Caribbean and, particularly, of its islands, any new projects in this Region should be developed in conjunction with positive measures that prevent serious cases of pollution of the marine environment and that ensure the conditions for a decent life and the personal integrity of the inhabitant of the Caribbean islands who may be affected by such projects – regardless of whether they are in the territory of another State party to the Pact – with the support of those other States that may also be affected, in order to protect the living environment and the essential source of subsistence and development of the inhabitants of 61 Ibid. ICourtHR, Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, reparations and costs. Judgment of June 17, 2005. Series C No. 125, para. 163 62 60

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