La protección del derecho fundamental al agua en perspectiva internacional y comparada

Abstract

This paper investigates the enforcement of the constitutional right to water. From an international and comparative perspective, it aims to establish that proportionality analysis is the most appropriate standard for the judicial enforcement of this right. In order to accomplish this aim, it compares and assesses the use of the standards of reasonableness, the minimum core and proportionality analysis. It shows that proportionality offers more advantages and fewer disadvantages than reasonableness and the minimum core in the circumstances of adjudication of the constitutional right to water. These circumstances include the facts that the international and constitutional provisions guaranteeing this right are indeterminate, and that the right to water is generality satisfied in a free market in which public and private actors participate.