The right to water in the Inter-American Court of human rights: analysis of the grounds of the Lhaka Honhat vs. Argentina case

Abstract

This article analyzed the legal grounds used by the Inter-American Court of Human Rights (IACHR) to recognize water as a common good, focusing on the case Indigenous Communities Members of the Association Lhaka Honhat (Nuestra Tierra) vs. Argentina. The main objective was to understand how the right to water is consolidated within the international human rights protection system and to discuss its implications for the protection of vulnerable populations. The research employed a qualitative approach, guided by the deductive method and using a case study as the investigation technique. The results indicated that the Lhaka Honhat case represents a milestone in expanding the interpretation of human rights within the inter-American system, recognizing for the first time, autonomously, the rights to a healthy environment, adequate food, water, and cultural identity. However, it also revealed practical challenges, such as the need to comply with international standards regarding population relocation and the difficulty in implementing measures that ensure the effectiveness of these decisions. It concludes that consolidating the right to water as a common good requires greater articulation between international law and national systems, as well as advancements in the formulation of public policies aimed at protecting traditional communities.