Water as a fundamental right and common good: constitutional interpretation and challenges in its sustainable management in Ecuador

Abstract

This article analyzes the legal recognition of the human right to water in Ecuador and the challenges facing its sustainable management in the country's constitutional and socio-environmental context. Its objective is to examine the regulatory, institutional, and jurisprudential evolution related to the protection of water as a fundamental right and an essential element of the rights of nature. To this end, a qualitative approach with a descriptive-explanatory scope was used, based on a documentary and legal-bibliographic research design. The analysis was based on a review of academic literature, constitutional regulations, international instruments, and relevant rulings of the Constitutional Court of Ecuador related to water resource management. The results show that the country has a legal framework that recognizes water as a fundamental human right and as a strategic public asset, but that gaps persist between the regulations and their implementation. Among the main challenges identified are limitations in water infrastructure, institutional fragmentation in resource management, contamination of water sources, and pressure from extractive activities. It is concluded that sustainable water management requires strengthening water governance, improving institutional coordination, and promoting social participation in the protection of ecosystems.