Abstract
The aim of this paper is to determine whether the case law of the Colombian Constitutional Court about the constitutional nature of the right to water and on the duty to satisfy it that it allocates to service providers is sound. The strategy for achieving this objective is an analysis of the Judgement T-740 of 2011. This judgement defies a trend in comparative law diminishing the protection of social rights, as a consequence of the attempt by the judges to harmonize the social rights protected by the Constitution and the guiding principles of neo-liberal globalization. The Colombian constitutional jurisprudence not only affirms the constitutional nature of the right to water, but it also allocates to public and private providers, and not the State, the duty to satisfy it. This allocation implies strengthening social rights against the economic freedoms of water companies.
| Translated title of the contribution | The Constitutional right to water and its puzzling satisfaction in Colombian law |
|---|---|
| Original language | Portuguese |
| Pages (from-to) | 65-87 |
| Number of pages | 23 |
| Journal | Revista de investigações constitucionais |
| Volume | 2 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 2015 |
Bibliographical note
Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.Keywords
- Right to water
- Socio-economic rights
- Proportionality
- Economic freedoms
- Constitutional right
- Constitucional right