Water Resource Management and the Law
Show Less

Water Resource Management and the Law

Edited by Erkki J. Hollo

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: Human right to water: Argentine cases, human rights – are they enforceable?

Maria Onestini

Abstract

Constitutional environmental rights in Argentina are drivers for defining and enforcing actionable rights in policy and in law regarding human rights vis-à-vis the environment. The Constitution, since its 1994 reform, recognizes environmental rights and directly links them to human development. It establishes the ‘right to a healthy, balanced environment, apt for human development’. This assertion has provided a fertile ground to sustain policy development and rights enforceability regarding the human right to the environment. The human right to water is one of the constructs from which broader human rights is constructed and enforced in the country. However, the ‘right to the environment’ has proven to be an elusive construct. The study will examine how this new rights-based paradigm is being built upon by norms and jurisprudence and how the concept is being operationalized. Cases where the right to water is raised and actioned are used as examples of this enforceability. Keywords: Chapter 4 (Onestini): Constitutional environmental rights, water rights policy, access to drinking water, Ombudsman, environmental information, Argentina

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.