Fuentes normativas y desarrollo jurisprudencial del derecho humano al agua en América LatinaNormative sources and jurisprudential development of the human right to water in Latin America

Abstract

Abstract This paper reviews international and domestic normative and jurisprudential sources of the last twenty years on the Human Right to Water (HRW), focusing the study on Latin American countries that do not have this right expressly enshrined in their constitutional texts, especially Colombia, Argentina, Brazil, and Chile. It analyzes the arguments used in its recognition, the elements of its structure, and the ways of addressing the problem of entitlement and enforceable duties. The conclusion shows a stage of jurisprudential progress in the first two countries (Colombia and Argentina), with a recognition of various contents of the DHA in accordance with international standards, while in the case of Brazil and Chile there is evidence, with nuances, of a limited recognition. In this regard, the internal normative structures differ in terms of the role of the State and individuals in water management, and the judicial tools for the protection of fundamental rights as a way of processing conflicts over access to water.