Location
Room 302
Start Date
2-7-2012 1:30 PM
End Date
2-7-2012 2:50 PM
Description
A number of important issues will be dealt with at Rio+20, among them water related problems; such as, access to safe drinking water and protection of water resources. When talking about sustainable development it is essential to bear in mind hand by hand development activities and fundamental rights. Hence, we will focus on human rights that can assist in the achievement of these development goals.
Nowadays it is understood that there is a strong connection between the environment and people; therefore, the enjoyment of some of human rights, such as right to life and health, depend on the protection of the environment and guarantee of good environmental conditions. For instance, alteration and more precisely pollution to the environment (water, air, and soil) affect some human rights, such as the right to the highest attainable standard of physical and mental health, and the right to an adequate standard of living.
As a result, the right to a healthy environment has been recognized in some international human rights treaties, as well as national Constitutions. For instance, in South America, some of the countries that have embraced in their Constitution the right to a healthy environment are Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, and Peru. Thus, giving to this right a higher hierarchy and allowing citizens to claim the protection of this right.
Given that human rights are interdependent and indivisible, the improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others (whether civil and political rights; economic, social and cultural rights, or collective rights). Therefore, I want to analyse whether the right to a healthy environment can contribute in the advancement of the right to water, and the protection of water resources.
Accordingly, in this paper I will analyse, through the particular study case of Colombia, whether the constitutional right to a healthy environment can contribute in the advancement of the right to access water, which has not been explicitly recognized in the national legislation.
Accordingly, I will first analyse the judicial mechanisms available in Colombia for the protection of the right to a healthy environment. Then I will review where the right to water stands in the Colombian national legislation. Finally I will examine some Court decisions that will help us to conclude whether the protection of the right to a healthy environment has contributed in the protection of the right to access water in this particular country.
Presentation
Included in
Can the Protection of the Right to a Healthy Environment Contribute to the Implementation of the Right to Access Water and Sanitation? The Case of Columbia
Room 302
A number of important issues will be dealt with at Rio+20, among them water related problems; such as, access to safe drinking water and protection of water resources. When talking about sustainable development it is essential to bear in mind hand by hand development activities and fundamental rights. Hence, we will focus on human rights that can assist in the achievement of these development goals.
Nowadays it is understood that there is a strong connection between the environment and people; therefore, the enjoyment of some of human rights, such as right to life and health, depend on the protection of the environment and guarantee of good environmental conditions. For instance, alteration and more precisely pollution to the environment (water, air, and soil) affect some human rights, such as the right to the highest attainable standard of physical and mental health, and the right to an adequate standard of living.
As a result, the right to a healthy environment has been recognized in some international human rights treaties, as well as national Constitutions. For instance, in South America, some of the countries that have embraced in their Constitution the right to a healthy environment are Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, and Peru. Thus, giving to this right a higher hierarchy and allowing citizens to claim the protection of this right.
Given that human rights are interdependent and indivisible, the improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others (whether civil and political rights; economic, social and cultural rights, or collective rights). Therefore, I want to analyse whether the right to a healthy environment can contribute in the advancement of the right to water, and the protection of water resources.
Accordingly, in this paper I will analyse, through the particular study case of Colombia, whether the constitutional right to a healthy environment can contribute in the advancement of the right to access water, which has not been explicitly recognized in the national legislation.
Accordingly, I will first analyse the judicial mechanisms available in Colombia for the protection of the right to a healthy environment. Then I will review where the right to water stands in the Colombian national legislation. Finally I will examine some Court decisions that will help us to conclude whether the protection of the right to a healthy environment has contributed in the protection of the right to access water in this particular country.