Right to drinking water and basic sanitation

Oscar Fernando Jiménez Fonseca & others v. Department of Bolivar and another

Date:  01/22/2019

Judge-Rapporteur:  Cristina Pardo Schlesinger

Facts.  In two separate actions, joint for the purpose of the decision, the plaintiffs claimed that their fundamental rights to water and basic sanitation are not being granted due to lack of drinking water supply and sewage services in the community of Bochica, south of the Island of Tierra Bomba and the municipality of Hatillo de Loba, where they live.

Issue:  Are the services of drinking water supply and sewage fundamental rights that should be granted in any case to the communities and the people?

Ruling and reasoning.  Yes.  To reach this decision, the Chamber explained that the efficient provision of public services and the improvement of the quality of life of the population are essential purposes of the state according to the Constitution.  Particularly, the services related to drinking water supply and sewerage, are imperative to guarantee appropriate sanitation and health conditions of the population.   They are not only fundamentals rights according to the Colombian Constitution, but also are considered as Human Rights in international instruments.   

As a result, the Court GRANTED the amparo and issued several orders to the local authorities to enforce the protection of the mentioned rights.