The Right to Water in the Case-Law of the Inter-American Court of Human Rights

The human right to water is nowadays more broadly recognised, mainly due to the essential societal function that this resource plays; likewise, because of the present water scarcity is generating conflicts between its different uses. Thus, this right aims at protecting human beings by guaranteeing access to clean water that is essential to satisfy vital human needs. Similarly, access to clean water is an important element to guarantee other rights including the right to life and health. The recognition of the right to water is mainly achieved in two ways: as a new and independent right and as a subordinate or derivative right. Concerning the latter, the right to water can emanate from civil and political rights, such as the right to life; or can be derived from economic, social and cultural rights, including the right to health, the right to an adequate standard of living, and the right to housing. This contribution explores the position of the Inter-American Court of Human Rights regarding the right to water, and analyses whether the Court has recognised the right to water and, if so, in which manner.

Sustainable Development and the Right to Water in Colombia

Water, considered as an environmental resource and as an economic and social good, should be part of the Colombian public agenda, not only not only in terms of the use and preservation of hydro resources, but also in terms of the social implications of its possession and use. The world wide preoccupation with the diminution of natural resources, species extinction and water shortage has its origins in the seventies. One of the results was the establishment of international conventions and agreements to achieve responsible management of natural resources. Regarding water as a resource, it is intrinsically bound to the Earth’s natural processes and ecosystems. As regards the Colombian case, the “right to water in Colombia” is analyzed taking into account: water as an integral part of sustainable development, the right to water as a global debate and, finally, the right to water in the Colombian context within the explanatory framework of the Water Referendum.

Delimitation of the Right to Life by Healthcare Professionals: Up to what point should the right to life be protected?

This article explores the medical care standard required by law for terminally illpatients and the possibility of limiting therapeutic efforts while respecting the duediligence expected from doctors. To this end, circumstances are identified in whichthe doctor is forced to choose between two possible actions: to guarantee the right tolife by continuing treatment, or to limit the right to healthcare by limiting therapeuticefforts. Two cases taken from English Common Law were reviewed that decided onthe factual problem at hand. In our country, the Constitutional Court established aline of jurisprudence on the role of the doctor in deciding whether or not to continuetreatment for a terminally ill person. Lastly, jurisprudence precedents are presentedalong with a comparative analysis of the solutions given in Great Britain andin Colombia.

Fundamental Right to Freedom of Conscience without Objection? Some Notes for its Recognition as a Fundamental Guarantee

Conscientious objection is defined as the ability to depart from statutory mandates because of intimate convictions based on ethical or religious convictions. A discussion of this issue presents the conflict between the idea of a State concerned with the promotion of individual rights or the protection of general interests and an idea of law based on the maintenance of order and against a view of the law as a means to claim the protection of minimum conditions of the person. From this conflict is drawn the possibility to argue whether conscientious objection should be guaranteed as a fundamental right of freedom of conscience or as a statutory authority legislatively conferred upon persons. This paper sets out a discussion around the two views so as to develop a position that is more consistent with the context of social and constitutional law.

Socioterritorials forms of appropiation of living and right to the differencial space

The aim of this work is to recover Henri Lefèbvre's methodological contributions for (re)thinking the right to the city, based on the need to know the appropriation of space´s dialectical triad. Empirically, it refers to the urban genesis of Mar del Plata (Argentina), an intermediate Latin American city, and its heterogeneous socio-territorial forms of appropriating inhabitance, or different forms of appropriating goods of use, that lead to think about opening to the transformation of the capitalist social order, and of its urban order, naturalized after the fetischism of private property.