Portillo Cáceres and Others v. Paraguay, CCPR/C/126/D/2751/2016, Communication 2751/2016

Nature of the Case

A campesino farming family in Paraguay petitioned the United Nations Human Rights Committee claiming the mass use of agrotoxins by nearby large agrobusinesses had poisoned many local residents and led to the death of their relative, Ruben Portillo Cáceres. The Committee found violations of the family members’ rights to life; to privacy, family, and home; and to an effective remedy, noting that the state had failed to adequately enforce environmental regulations and did not properly redress the resulting harms.

Enforcement of the Decision and Outcomes

The Committee called on Paraguay to provide reparations to the complainants, specifically an exhaustive investigation; criminal and administrative sanctions; and full reparations for the harm they suffered, including compensation. Paraguay must report within 180 days of the decision on the progress of the measures adopted to fulfill the reparations.

Significance of the Case

The case is particularly notable for the Human Rights Committee’s recognition of an explicit link between environmental protection and human rights in an individual case, building on the related jurisprudence of regional bodies. The Committee drew on its recent General Comment 36, reaffirming the right to a life with dignity and noting that, “states should take all appropriate measures to address the general conditions in society that may give rise to threats to the right to life or prevent individuals from enjoying their right to life with dignity, and these conditions include environmental pollution.”

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.