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Avon Global Center for Women and Justice at Cornell Law School - Green Background

Country Details

Paraguay

  • Sawhoyamaxa Indigenous Community v. Paraguay, Paraguay, Inter-American Court of Human Rights, 2006.
    Exposure of vulnerable members of indigenous communities, particularly children, pregnant women and the elderly.  A petition was filed against Paraguay on behalf of the Sawhoyamaxa Indigenous Community, alleging, among others, violations of the right to fair trial and judicial protection, the right to property and the right to life. The allegations made note of the particularly vulnerable situations in which these violations put children, pregnant women and the elderly. The Court found Paraguay to be in violation of Articles 1(1), 2, 3, 4(1), 8, 19, 21 and 25 of the American Convention on Human Rights. The Court ordered Paraguay to formally and physically convey to the Sawhoyamaxa their traditional lands, to establish a community development fund, to pay non-pecuniary damages, to provide the Sawhoyamaxa with basic necessities until their lands were restored, to provide them with the necessary tools for communication to access health authorities, and to domestically enact legislation creating a mechanism for indigenous communities to reclaim their traditional lands.
  • Mario Ramón González Cáceres, Raúl Antonio Maidana Duarte y Carolina Maidina Duarte sobre trata de personas en Independencia, Paraguay, Court of Appeal, 2005.
    Defendants were convicted in a Paraguayan trial court for mistreatment of persons, in violation of Article 129 of the Penal Code, for deceiving several women into thinking that they had found them jobs as grocery store cashiers in Spain, and then trying to force them to work at a brothel upon arrival in Spain. The Appellate Court reversed the conviction, saying the trial court lacked jurisdiction because in a case where a crime begins in one jurisdiction and is completed in another, the latter jurisdiction, in this case Spain, should hear the case. The Supreme Court, Penal division, disagreed with the appellate court, holding that the trial court did have jurisdiction, further holding that the conviction was consistent with Article 6 of the American Convention on Human Rights ("Pact of San Jose"), Article 8 of the International Pact of Civil and Political Rights, Articles 2 and 3 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, and Articles 3 and 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children.
  • Oscar Eugenio Paniagua Batochi s/ Coacción Sexual en San Juan Neponuceno, Paraguay, Supreme Court (Penal Division), 2005.
    The Supreme Court, Penal division, upheld the conviction of a defendant who raped his stepdaughter under threat of death or grievous injury. The Court held that the conviction was consistent with Article 54 of the National Constitution, Article 19 of the American Convention on Human Rights ("Pact of San Jose"), Article 24 of the International Pact of Civil and Political Rights, Article 19 of the Convention on the Rights of the Child, Article 3 of the Code of Children and Adolescents, and Article 1 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women.