O direito fundamental à água e sua intrincada satisfação no Direito colombiano

Translated title of the contribution: The Constitutional right to water and its puzzling satisfaction in Colombian law

Research output: Contribution to journalArticle

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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.
Original languagePortuguese
Pages (from-to)65-87
Number of pages23
JournalRevista de investigações constitucionais
Volume2
Issue number1
DOIs
Publication statusPublished - 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

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