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Separate Opinion of Judge A.A. Cançado Trindade in the Case of the Indigenous Community Sawhoyamaxa versus Paraguay (Judgment of 29.03.2006)

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Chapter Summary

This chapter discusses the present Judgment that the Inter-American Court of Human Rights (IACtHR) has just adopted in the case of Sawhoyamaxa Indigenous Community versus Paraguay. The author provides personal thoughts on the following aspects: wide dimension of the fundamental right to life and the right to cultural identity; historical roots of the deprivations of the members of the Community; forced internal displacement as a problem of human rights; and inadmissibility of the probatio diabolica. The chapter explains the lack of due diligence on the part of public authorities; right to life and cultural identity; and the suffering of the innocent and the centrality of an abandoned victim as a subject of the International Law of Human Rights. It concludes with a discussion on the rights of indigenous peoples in the formation and the development of the law of nations, and the great lesson to be learned from the case.

Keywords: abandoned victim; cultural identity; IACtHR; International Law of Human Rights; Paraguay; Sawhoyamaxa indigenous community



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