Rights and guarantees of indigenous peoples in Paraguay

Abstract

This research aims to establish, both generally and specifically, the obligations of the Paraguayan State to remove all obstacles that may hinder access to justice for indigenous peoples, in accordance with the provisions of the National Constitution and international treaty laws regarding the training and modernization of jurisdictional management within the Judiciary. Indeed, the Supreme Court of Justice itself, in order to achieve broader coverage and ensure better access to justice, has incorporated objectives ranging from judicial facilitators to regulatory frameworks, all aimed at promoting the enforceability of human rights within institutional policies. The method used is documentary, with a qualitative approach, a non-experimental design, and a descriptive scope. The technique employed involves the collection of instrumental data through legal and doctrinal reviews from other countries on the subject. As a result, it is observed that the Supreme Court of Justice has enacted Acordada No. 633/2010, which establishes rules on access to justice for vulnerable sectors, including indigenous communities. Finally, it is concluded that the rights and guarantees of ancestral peoples under customary law are recognized. Such customary law serves as the basis and foundation for understanding all activities carried out for the recognition and protection of the human rights of members of indigenous communities.