Thejusticiability of the right to water in the Inter-American Human Rights System

With the issuing of Advisory Opinion OC-23/17, the Inter-American Court of Human Rights was already tracing a path of broad interpretation regarding the possibility of justiciability of various rights that can be listed in the list of so-called DESCA, economic, social, cultural rights and environmental. From the judgment of the Lhaka Honhat Vs. Argentina case, it is observed that the court's understanding is innovated by allowing States to be held responsible for violating the right to water. Thus, for the Inter-American Court, justiciability is subject to autonomy of such right. However, there are divergent currents in the court and, in addition, essential points to be viewed, such as, in particular, the jurisdiction of this court to condemn states for rights not enshrined in the American Convention on Human Rights. The present work uses the deductive method of procedure and analysis and the technique of legal-bibliographic research.