El Constitucionalismo Ecológico Latinoamericano: El Derecho Humano al Agua, al Saneamiento y a la Reutilización, como Derecho del Siglo XXI

Abstract

Latin American Ecological Constitutionalism constitutes a line of thought and debate that was born as a reaction to the hegemonic constitutional models that were in force in Latin America. Certainly, Latin American Ecological Constitutionalism is presented as an alternative that the Latin American States accepted and implemented in their legal systems, to vindicate their own traditions, customs, and their own legal thinking. In this framework, water is presented as a vital resource and an essential part of the ecosystem. Indigenous Peoples and Nationalities consider this resource as vital to maintain the balance of the world. Thus, water is a common use resource, its protection obliges States to adopt various mechanisms to protect this finite resource. Precisely, the concern for water transcended borders and is considered a global problem. Indeed, the water problem motivated the United Nations to recognize the Human Right to Water and Sanitation as a necessary human right to energize the wide catalog of human rights in force. The human right to water and sanitation is built on the basis of progressivity, therefore, the need for its structure to be added to reuse as an element and non-conventional water source, but necessary to capture the principle of water sustainability. Thus, the human right to water projects a current democratic demand. The substantiality of democracy requires an approach to progress in the legal debate that highlights the importance of expanding rights and guarantees. The ductility of law, which is the result of the expansion of contemporary constitutionalism, discards the rigidity with which it has been developing. The usefulness of the law has generated that, in the field of human rights, there is also an evolution that transforms the vision and interpretation that must be carried out, precisely the result has been that there is talk of emerging human rights or rights of the century XXI, conceived as new aspirations of civil society, which are born by the influence of globalization. In this framework, the right to water, sanitation and reuse can be presented as an emerging human right, due to the protection it projects towards the human being and towards Nature.