This case relates to the State’s international responsibility for failing to ensure the ancestral propery rights of the Xákmok Kásek Indigenous Community and its members. The actions concerning the territorial claims of the Community had been processing since 1990 and had not been decided satisfactorily at the time of this judgment. Not only was it impossible for the Community to access the property and take possession of their territory, but the Community was also left in a vulnerable situation with regard to food, medicine, and sanitation that continuously threatened the Community’s integrity and the survival of its members. The Court found that the State violated the American Convention on Human Rights.
Violations Against The Inter-American Convention On Human Rights
Did the State Accept International Responsibility?
Did the State Raise Preliminary Objections?