Parámetros establecidos por la jurisprudencia constitucional ecuatoriana para garantizar el efectivo goce del derecho al agua: análisis de su aplicación y desafíos en el contexto jurídico y social ecuatoriano

Abstract

The purpose of this thesis is to examine the parameters established by Ecuadorian constitutional jurisprudence to ensure the effective enjoyment of the right to water. Through a comprehensive analysis of relevant judgments and rulings, not only at the national but also international levels, we will study how jurisprudence has developed and applied these parameterswithin the current political and economic context, as well as the challenges that still persist in theirimplementation. Furthermore, we will explore the advances in this field concerning comparative law and current international criteria regarding the exercise of the same right. To achieve this, we will delve into the significance of water as a human and fundamental right, examining the legal principles and standards that underpin its protection. We will address topics such as access to clean and safe drinking water, citizen participation in decisions related to water, effective judicial remedies, and comprehensive redress in cases of water rights violations. All of this is intended to provide a better understanding of the subject and the current Ecuadorian context in which this right is exercised. Finally, through this analysis, we aim to identify both the strengths and limitations of Ecuadorian constitutional jurisprudence concerning the state's capacity to guarantee the effectiveenjoyment and realization of the right to water. Therefore, it is pertinent to formulate recommendations and potential solutions to strengthen its effectiveness.