On the History of Water as a Human Right and Its Recognition in the Cuban Constitution

Q2 Social Sciences
Global Jurist Pub Date : 2024-07-10 DOI:10.1515/gj-2024-0016
Beatriz L. Yera, Yanelys D. Triana
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引用次数: 0

Abstract

To say that water is one of the most important natural elements for life would be unnecessary. In fact, because of its incalculable value, it is recognised as blue gold. Unfortunately, it is sometimes forgotten that its protection is one of the main challenges facing society today. The scarcity of the vital liquid is becoming increasingly noticeable due to climate change, population growth and careless management by humans. On closer examination it can be appreciated as a natural element, a chemical element, an economic good, a cultural good, among other denominations because it is so versatile, but above all, it is a human right. Although the latter is not something that has always been established in this way, it took many years for it to be officially recognised. In this research, a historical, doctrinal and comparative study is carried out on the regulation of water as a human right, with special reference to its treatment in Cuban constitutionalism. In order to carry out this study, an analysis is made based on the role played by water in the development of humanity, its recognition as a human right and its inclusion in Cuba’s constitutional history. Theoretical-legal, historical-legal, analytical-legal and document analysis research methods were used for this purpose.
水作为一项人权的历史及其在古巴宪法中的认可
水是生命中最重要的自然元素之一,这一点毋庸赘言。事实上,由于其不可估量的价值,它被公认为 "蓝色黄金"。遗憾的是,人们有时会忘记,保护水是当今社会面临的主要挑战之一。由于气候变化、人口增长和人类粗心大意的管理,这种重要液体的稀缺性日益明显。仔细观察,我们可以将其视为一种自然元素、一种化学元素、一种经济产品、一种文化产品以及其他名称,因为它的用途非常广泛,但最重要的是,它是一种人权。虽然后者并非一直以这种方式确立,但多年后才得到正式承认。本研究从历史、理论和比较的角度对水权作为一项人权的规定进行了研究,并特别提到了古巴宪法对水权的规定。为了开展这项研究,我们分析了水在人类发展中所发挥的作用、水被承认为一项人权以及水被纳入古巴宪法的历史。为此采用了理论-法律、历史-法律、分析-法律和文件分析等研究方法。
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来源期刊
Global Jurist
Global Jurist Social Sciences-Law
CiteScore
1.50
自引率
0.00%
发文量
11
期刊介绍: Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.
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