Portillo Cáceres and Others v. Paraguay

Abstract

332Human rights — Right to life — Right to life with dignity — Conditions in society threatening those rights — Environmental pollution — Right to freedom from arbitrary or unlawful interference with privacy, family or home — Whether States Parties obliged to adopt positive measures to ensure effective exercise of this right — Whether degradation of environment constituting violations of private and family life and the home — Right to an effective remedy — Admissibility of authors’ complaint — Article 5(2)(a) and (b) of Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Whether same matter being examined under another international procedure — Whether failure to exhaust domestic remedies — Whether Paraguay violating its obligations under Articles 6, 7 and 17, read alone and in conjunction with Article 2(3), of CovenantEnvironment — Pollution — Environmental rights — Recognition — Crop fumigation with agrochemicals — Infringement of domestic environmental laws — Impact on people’s lives — International tribunals recognizing link between environment and human rights — Whether environmental degradation adversely affecting enjoyment of right to life — Whether environmental degradation constituting violations of private and family life and the home — Whether effective investigation into environmental pollutionDamages — Reparation — Adequate compensation — Effective and thorough investigation — Criminal and administrative penalties — Harm caused by environmental pollution — Obligation on State to provide authors of complaint with effective remedy — Article 2(3)(a) of Covenant — United Nations Human Rights Committee