El derecho humano al agua y la gestión comunitaria de los servicios de saneamiento rural en el nuevo constitucionalismo democrático latinoamericano

Abstract

The universalization rates of basic sanitation services in rural areas in South America indicate major social discrepancies in the Region, especially in relation to access in urban areas. This paper investigates the proposal of the New Latin American Constitutionalism, with its ethical paradigm postulates of the buen vivir, to a possible solution to the problem of universal access to basic sanitation services in rural areas. The philosophical orientation of buen vivir within the New Latin American Constitutionalism operates a changing in understanding of institutions grounded in a strong understanding of sustainability, recognizing the rights of nature. The constitutions of Ecuador 2008 and Bolivia 2009 brought considerable legal and political contributions to put at emphasis the human right to safe drinking water and basic sanitation. Moreover, such Constitutions, consistent with their own ethical references, provide a basis for public sanitation services through communitarian management, but each one in his own way. In conclusion, it appears that, despite contextual differences of the two countries, the decision by the communitarian provision of rural sanitation is a valid proposal not only for the context of these countries, but it can serve as a reference for South America rural sanitation services.