406:, which is a legal action aimed at protecting constitutional rights. While prosecutor Miguel Ángel Rojas repeatedly requested an autopsy for Portillo Cáceres and the medical records of the victims, he did not receive them. Evidence that the well water contained agrochemicals was also excluded from the investigation. While seven Brazilian citizens were accused in the case, none of them were the managers or owners of the Condor Agricola or Hermanos Galhera farms. The District of Curuguaty court ruled on 15 April 2011 that both the National Plant and Seed Quality and Health Service as well as the Ministry of the Environment had failed in their duties and enabled the cause of serious physical harm to the complainants.
387:. The investigation determined that freshwater sources had been contaminated by chemical residues, finding chemical containers on the ground and citing poor management practices. The corporations did not possess environmental permits for their operations and were washing their spraying equipment in local streams. According to one of the inspectors, neither of the corporations met "the most basic standards of environmental control". The two firms were fined, but denied responsibility and their cases were later dropped following an appeal.
315:
261:
453:, and the right to remedy from harm. The resolution found that no progress had been made in the eight years since the events were initially reported and emphasised that Paraguay did not conduct an autopsy for Ruben despite requests to do so on four separate occasions. The resolution also noted that the Paraguayan government had not published the results of urine and blood tests that were conducted on those who had been poisoned.
31:
217:, including the death of one farmer, Rubén Portillo Cáceres, and the poisoning of 22 others as well as negative impacts on the livelihoods of families living in the area. Despite an investigation by local and state officials finding evidence of wrongdoing, the state did not put environmental protection measures into effect and large amounts of chemicals continued to be released near the victims' homes.
306:. The widespread use of agrochemicals in Yerutí has impacted living conditions, domestic economies and the health of residents. Contamination of aquifers and water sources rendered the Yerutí and Kuairû streams unusable for fishing. Residents also experienced the deterioration of their crops, losing fruit trees, as well as the death of their livestock.
469:. The resolution marked the first time that the United Nations Human Rights Committee recognized a connection between environmental protection and the right to life. The decision relied on General Comment No. 36 on the Right to Life, which includes language defining the relationship between the environment and human rights.
351:. Soybeans had also been planted up to the edge of community walkways and there were no protective strips of vegetation to shield residents from pesticides. Inspectors conducted tests for chemicals and found evidence of restricted or banned agricultural insecticides in the Portillo Cáceres family's well water, including
409:
Despite the court's decision, the soybean agribusinesses continued using large amounts of pesticides without environmental protection measures or permits. Claims by the family of
Portillo Cáceres were ignored by the State of Paraguay for three years. Rubén's sister Norma, along with the other victims
374:
The two agribusinesses involved in the cultivation of soybeans around Yerutí, Condor SA/KLM SA (Condor
Agricola) and Hermanos Galhera Agrovalle del Sol S.A/Emmerson Shinin (Hermanos Galhera), were owned by Brazilians and found to have engaged in negligent practices. Hermanos Galhera supplies soybeans
301:
surrendered in compensation for the embezzlement of public funds. While the 2,212-hectare (5,470-acre) colony has 223 lots, by 2019 there were only 34 registered properties, with industrial soybean fields occupying the untitled public land. Despite
Agrarian Reforms meant to prevent the practice, much
456:
The resolution condemned the
Paraguayan government for its failure to sanction the corporations involved and ordered the state to conduct an investigation into agrochemical fumigation and to levy administrative and criminal penalties against those responsible. Specifically, the committee recognized
477:
While
Paraguay was sanctioned by the United Nations in the case, it was ultimately a formality. As of 2022, there has been no penalty issued for Rubén's death and industrial soybean farming continues to operate up to the border of the family farm. Both Condor Agricola and Hermanos Galhera continue
346:
Following Rubén's death and the mass poisoning incident, Curuguaty
Hospital director Angie Duarte collected blood and urine samples from the victims and contacted the Prosecutor's Office, the National Service for Plant and Seed Quality and Health, and the Ministry of Environment. The Prosecutor's
347:
Office office began an investigation and government inspectors arrived on 13 January. They documented several violations of environmental laws, finding that the expansive soybean farming operations that bordered the family farm were not separated by required
438:. The HRC found the complaint admissible, citing the lack of progress in the case over eight years and noting that the claim pertained to the rights to life, the rights to private and family life, and the right to home.
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45:
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The Human Rights
Committee addressed the case's admissibility before considering its merits. Paraguay argued that domestic remedies had not been exhausted by the complainants and that HRC did not possess
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238:
is a landmark court case in international toxics regulation. It marked the first instance of the United
Nations Human Rights Committee recognizing that a state can violate its obligations under the
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The Human Rights
Committee issued a resolution on 9 August 2019. The committee concluded that the response by the government of Paraguay to illegal fumigation was inadequate and had violated the
330:
season at the beginning of 2011, the 26-year-old farmer fell ill, experiencing headaches, vomiting, and diarrhea. Three days later, on 6 January 2011, he died while on his way to the hospital in
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that the failure of a state to take action "against environmental harm can violate its obligations to protect the rights to life and to private and family life under
Articles 6 and 17 of the
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242:
by failing to take action in cases of environmental harm. Paraguay was the first country in the world to be condemned by the Human Rights Committee for the death of a person from
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94% of arable land in Paraguay is dedicated to the agricultural production of commodities such as soybeans, corn and cotton. Paraguay is the world's seventh-largest producer of
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of eastern Paraguay, lived with his family on property adjacent to the transgenic soybean fields of Condor Agricola and Hermanos Galhera. During the soybean
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case was emblematic because the notion of "domicile" was applied to an indigenous community in regard to its relationship with its land and territory.
338:. Another 22 other residents of the village also became ill, including Portillo Cáceres's two-year-old son, all of whom were admitted to the hospital.
232:, and residence were violated, and that Paraguay did not adequately demand compliance with environmental regulations or repair the damage caused.
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485:, found that extensive pesticide use by agricultural companies had violated the rights of the Campo Agua'ẽ indigenous community of the
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who lived next to soybean plantations that had been using illegal agrochemicals. Contamination from negligent practices had resulted
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462:
411:
203:
41:
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854:
849:
706:
112:, Bamariam Koita, Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada, Vasilka Sancin, José Manuel Santos Pais,
288:. Between 2011 and 2013, the import of pesticides to Paraguay nearly quadrupled, from 8.8 to 32.4 million liters.
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On 14 January 2011, the family of Portillo Cáceres and other farming families impacted by the poisoning filed an
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In a resolution on 9 August 2019, the committee ruled in favor of the farmers, finding that their
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of the victims. The resolution found that the government had specifically violated the
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First Optional Protocol to the International Covenant on Civil and Political Rights
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colony founded by Paraguay in 1991 on land that an education minister of dictator
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105:
415:
109:
88:
803:
667:
813:
767:"UN Human Rights Committee Recognizes Environmental Harm as Rights Violation"
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651:"The Human Rights Committee, Environmental Protection and the Right to Life"
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of the land is sold or leased to soybean plantations run by Brazilians and
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504:
Teitiota v Chief Executive Ministry of Business, Innovation and Employment
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303:
113:
363:. The concentration of lindane, a chemical related to the appearance of
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108:, Ilze Brands Kehris, Arif Bulkan, Ahmed Amin Fathalla, Shuichi Furuya,
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327:
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Rubén Portillo Cáceres, a farmer from the village of Colonia Yerutí in
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461:". Paraguay was the first country in the world to be condemned by the
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741:"Agrotóxicos, comunidades rurales y derechos humanos en el Paraguay"
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Another opinion of the Human Rights Committee in 2021, in the case
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as the right to a healthy environment is not recognized by the
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of agrochemical poisoning, then submitted a petition to the
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Manzoni, Maximiliano; Acuña, Jazmín (28 November 2019).
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202:(Communication No.2751/2016) was a case decided by the
272:, a crop frequently fumigated with pesticides such as
567:"América toxina: agronegocio, infancias y violencias"
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United Nations Declaration on the Rights of Peasants
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International Covenant on Civil and Political Rights
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International Covenant on Civil and Political Rights
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International Covenant on Civil and Political Rights
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International Covenant on Civil and Political Rights
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318:Location of Canindeyú Department within Paraguay
209:The case was initiated by a group of farmers in
334:. His death was determined to be the result of
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860:United Nations Human Rights Committee case law
804:Video including interviews with family members
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705:Wadley, Jago; Hill, Toby (7 December 2022).
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478:agricultural operations in the Yerutí area.
655:International and Comparative Law Quarterly
483:Benito Oliveira Pereira et al. v. Paraguay
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16:2019 UN Human Rights Committee court case
743:(in Spanish). Agenda Estado de Derecho.
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336:toxic levels of pesticides in his system
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771:International Justice Resource Center
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577:from the original on 28 November 2022
463:United Nations Human Rights Committee
422:United Nations Human Rights Committee
204:United Nations Human Rights Committee
56:Portillo Cáceres y Otros v. Paraguay
42:United Nations Human Rights Committee
747:from the original on 2 February 2023
565:Sández, Fernanda (20 October 2021).
531:Portillo Cáceres y Otros v. Paraguay
375:to the multinational agribusinesses
777:from the original on 2 October 2022
739:Kuipers, Stijn (29 November 2022).
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489:to their lands and residence. The
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717:from the original on 2 April 2023
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840:Human rights abuses in Paraguay
465:for the death of a person from
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649:Le Moli, Ginevra (July 2020).
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1:
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310:Pesticide poisoning incident
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830:Toxic effects of pesticides
609:"¿Quién le mató a mi papá?"
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264:A soybean field in Paraguay
236:Portillo Cáceres v Paraguay
199:Portillo Cáceres v Paraguay
24:Portillo Cáceres v Paraguay
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855:United Nations resolutions
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89:CCPR/C/126/D/2751/2016
799:Text of full decision
396:District of Curuguaty
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835:Pesticide regulation
451:right to family life
365:non-Hodgkin lymphoma
324:Canindeyú Department
100:Committee membership
467:pesticide poisoning
270:transgenic soybeans
244:pesticide poisoning
158:Geneva, Switzerland
773:. 22 August 2019.
487:Ava Guaraní people
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299:Alfredo Stroessner
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122:Andreas Zimmermann
707:"Toxic Takeaways"
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820:2019 in case law
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661:(3): 735–752.
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179:§ 5 ¶¶ 2(b)
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230:family life
191:Area of law
125: [
114:Yuval Shany
85:Citation(s)
814:Categories
542:References
361:endosulfan
328:fumigation
274:bifenthrin
250:Background
154:Decided in
136:Opinion in
69:2019-08-09
44:under the
677:225528974
473:Aftermath
332:Curuguaty
294:campesino
206:in 2019.
781:24 April
775:Archived
751:24 April
745:Archived
721:24 April
715:Archived
623:24 April
617:Archived
581:24 April
575:Archived
571:La tinta
497:See also
286:atrazine
282:paraquat
211:Paraguay
491:Pereira
414:of the
381:Cargill
357:lindane
226:privacy
182:et seq.
148:Spanish
140:English
77:Session
67: (
62:Decided
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449:, the
403:amparo
359:, and
353:aldrin
146:, and
144:French
673:S2CID
516:Notes
129:]
38:Court
783:2023
753:2023
723:2023
625:2023
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383:and
284:and
663:doi
377:ADM
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71:)
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