Alcance de la Acción de Protección para grupos vulnerables ante suspensión de agua potable

Abstract

Abstract: This paper analyzes the scope of the Protection Action in cases involving the suspension of drinking water services to the elderly or vulnerable groups, particularly those belonging to priority care, within the framework of the jurisprudence issued by the Constitutional Court of Ecuador. It analyzes the fundamental principles and the regulatory context that ensure the essential right to water, as well as the jurisprudential interpretations regarding efficient and effective protection that effectively enables the protection of the rights of those in vulnerable situations, such as the elderly and people with disabilities. The jurisprudence issued by the Constitutional Court of Ecuador has determined that when a suspension of drinking water service occurs due to non-payment, this cannot affect fundamental rights, especially in cases affecting priority care groups, since it would put the life, health, and dignity of these individuals at risk. Likewise, it is concluded that judicial bodies have the obligation to interpret the Constitution to ensure access to water, promoting differentiated and specialized measures.