Publicación: El derecho fundamental al agua: límites y alcances en el ordenamiento jurídico colombiano
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Water is a vital good for health, life, and human dignity; it is very common to hear the global concern for the environment and the scarcity of water resources, since it is an essential finite resource for human existence. The recognition of water as a fundamental, human, constitutional, unnamed right is a fundamental step on the road to greater social and environmental justice in the world. Although the political constitution of 1991 did not recognize water as a right within its content, this recognition has been given through tutelage in varied jurisprudence of the constitutional court. The Colombian constitutional court has also accepted the general observation criterion No. 15 of the United Nations Organization of 2002, which is an interpretation of the obligational scope of the states parties to the international compact of economic, social and cultural rights from 1966 onwards. ICESCR with regard to the factors necessary for the correct exercise of the right to water; 1 availability, 2 quality and 3 accessibility. People who are part of the population of special protection such as children under age, the elderly, people with disabilities, schools, hospitals and prisons are guaranteed a minimum of 50 liters of water per person per day although they do not have how to pay it and public service companies and the state must guarantee it.