Resumen

RUDAS MURGA, Cyntia Raquel; PALOMINO MANCHEGO, José Félix; LOYOLA GARCIA, Guadalupe  y  AGUILAR BAZAN, Marly Yohana. The State and the constitutionalization of water as a human right in Latin America. Tribunal [online]. 2025, vol.5, n.11, pp.509-523.  Epub 01-Abr-2025. ISSN 2959-6513.  https://doi.org/http://doi.org/10.59659/revistatribunal.v5i11.172.

Access to water has been progressively recognized as a fundamental human right, promoting its constitutionalization in various countries. The objective of this study is to analyze the relationship between the State and the process of constitutionalizing water as a human right in Latin America. It was guided by a qualitative approach, documentary design, and a bibliographic review of sources in databases such as Scielo, Dialnet, and Google Scholar. Thirty-five specialized studies were selected, and national legal sources such as Law 30588 were incorporated. The results regarding legal frameworks and water management experiences in Latin America highlight that, although there is consensus on the need to adapt water policies to territorial and climatic conditions, the region faces common challenges related to updating laws, institutional coordination, and resilience to climate change. The conclusions indicate that full compliance with the human right to water in Peru requires sustained political commitment and the consolidation of protection, monitoring, and accountability mechanisms.

Palabras clave : Water; Constitution; Law; State; Human.

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