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Concurring Opinion of Judge A.A. Cançado Trindade in the Case of the Indigenous People of Sarayaku versus Ecuador (Provisional Measures, of 06.07.2004)

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Chapter Summary

This chapter discusses the order of the Inter-American Court of Human Rights that states that protection be extended to all members of the communities of the Indigenous People of Sarayaku in Ecuador. The measures adopted by the Court contribute decisively to the establishment of a continuous monitoring of a situation of extreme gravity and urgency. They reveal that it is possible and viable to act, in situations of the kind, strictly within the framework of the Law, reaffirming the primacy of this latter over the indiscriminate use of force. They give testimony of the current process of humanization of international law in the matter of the application of provisional measures of protection. All this reveals that human conscience has awakened to the necessity to protect the human person from violations of his/her rights on the part both of the State and of third parties.

Keywords: Ecuador; human conscience; human rights; Indigenous People of Sarayaku; Inter-American Court of Human Rights; international law; state



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