El desarrollo del derecho al agua a través de la jurisprudencia de la corte constitucional

Abstract

Water is a fundamental and inalienable right, but in practice there are violations of different kinds, such as the suspension of service, which entails the violation of other binding rights. In this sense, the objective of this study is to analyze the development and consolidation of this right through the jurisprudence of the Constitutional Court of Ecuador. To this end, a qualitative, descriptive, analytical-synthetic and inductive methodology was carried out in order to delve into three sentences that address water cuts in different contexts: 1) due to non-payment of the rate at Hacienda San Joaquín; 2) due to the technical limitations of the Cuilche el Progreso Water Management Board; 3) due to the non-cancellation of the payroll because the person is elderly and disabled. The results of the analysis show that in all cases the supplying companies suspended the water supply based on illegitimate actions that threatened the integrity of the users. In conclusion, the Constitutional Court of Ecuador sought to guarantee and restore the violated rights of the plaintiffs based on rulings that encourage the companies to take immediate action and even to modify their guidelines in order to avoid future recurrences.