Portillo Cáceres v Paraguay

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Portillo Cáceres v Paraguay is a landmark case adjudicated by the Inter-American Court of Human Rights (IACtHR). The case addresses significant issues related to the right to life, environmental protection, and state responsibility under the American Convention on Human Rights.

Background

The case originated from the death of Rubén Portillo Cáceres, a young boy who died due to pesticide poisoning in the rural community of Campo Agua'e, Paraguay. The community was exposed to hazardous agrochemicals used in nearby soy plantations. The petitioners argued that the Paraguayan state failed to regulate the use of these chemicals, thereby violating the right to life and other human rights protected under the American Convention.

Legal Issues

The primary legal issues in the case included:

• The right to life under Article 4 of the American Convention on Human Rights.
• The right to humane treatment under Article 5 of the American Convention on Human Rights.
• The right to judicial protection under Article 25 of the American Convention on Human Rights.
• State obligations to prevent environmental harm and protect public health.

Court's Findings

The IACtHR found that Paraguay had violated several provisions of the American Convention. The Court held that the state had failed to take adequate measures to prevent the harmful effects of pesticide use, thereby endangering the lives and health of the community members. The Court emphasized the state's duty to regulate private activities that pose a risk to human rights, including environmental hazards.

Significance

The Portillo Cáceres v Paraguay case is significant for several reasons:

• It underscores the link between environmental protection and human rights.
• It establishes the state's responsibility to regulate private sector activities that may harm human rights.
• It reinforces the importance of judicial protection and access to justice for victims of environmental harm.

Related Pages

• Inter-American Court of Human Rights
• American Convention on Human Rights
• Right to life
• Environmental protection
• State responsibility