El derecho al agua en el contexto internacional y en el ordenamiento jurídico interno español

Abstract

The right to water was recognized by the UN as a human right in 2010. Its origin and evolution are framed in the international legal scenario by means of norms of a mostly nonbinding character. The General Observation no. 15 of the ESCR Committee is the legal instrument that more develops its content, basis and system of guarantees. It does so as an interpretative instrument of the ICESCR, an international treaty that is binding for its signatory States, including Spain. In the absence of an express recognition in our domestic legal system, the right to water can be implicitly invoked through art. 10.2 CE. Several lines of argument may be developed to try to articulate the best system of constitutional protection around it.