Human right of access to drinking water interpreted in accordance with the right to life and physical integrity: proposal from international and national jurisprudence

Abstract

International and national tribunals (Inter-American Court of Human Rights, Supreme Court of Chile, and Chilean Courts of Appeals) have interpreted and applied international legal norms within the Chilean legal system recognizing the “human right of access to drinking water”. This article delves into causes and theoretical underpinnings employed by courts compelling the state to uphold fundamental rights (to life and to physical integrity) encompassing water scarcity and contamination. This nuanced approach has significantly shaped jurisprudence, curbing violations of the right to access drinking water, and safeguarding the right to life and physical integrity.