EL DERECHO AL AGUA Y SU PROTECCIÓN EN EL CONTEXTO DE LA CORTE INTERAMERICANA DE DERECHOS HUMANOS

Abstract

Potable water is the source of life, however, many people are excluded from the access to it. This fact gives rise to both the discussion on the formal recognition of the right to water and its effective implementation. As far as the Inter-American System for the Protection of Human Rights is concerned, it is verified that the human right to water was not expressly incorporated by the treaties or declarations that comprise it. Given this context and taking into account that the protection of the essential rights of human beings in the Americas is produced through intermediation, above all, of the jurisdictional action of the Inter-American Court of Human Rights, this article intends to examine, in a first moment, the core content of the human right to water, to then, verify to which extent the contentious action of the Court protects such right. Based on the jurisprudential analysis, it was found that even if the right to water is not expressely guaranteed in the texts, the Inter-American Court of Human Rights recognizes it as a right derived from other rights explicitly protected.