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Revista Arbitrada de Ciencias Jurídicas y Sociales
Vol. 3(1), 16-36, 2024
https://doi.org/10.62574/nhxa6e22
16
Access to safe drinking water in Ecuador: transcending borders towards the
universality of a human right
El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la
universalidad del derecho humano
Lilian Fabiola Haro-Terán
ui.lilianharo@uniandes.edu.ec
Universidad Autónoma Regional de los Andes, Ibarra, Imbabura, Ecuador
https://orcid.org/0000-0003-3021-8636
ABSTRACT
The research aims to analyse Access to Safe Drinking Water in Ecuador towards the Universality
of the Human Right. This study is framed within a descriptive documentary research,
characterised by the exhaustive collection and analysis of data and information from bibliographic
sources. The data collection was carried out through a thorough review of the 15 selected articles,
extracting relevant information on access to safe drinking water in Ecuador. Ecuador has made
progress in enshrining access to safe drinking water as a universal human right, but the challenge
now lies in translating these normative advances into concrete actions that overcome existing
gaps and ensure equitable and safe access for the entire population. Continued collaboration
between government, institutions and communities will be essential to achieve comprehensive
and sustainable water management in the country.
Descriptors: drinking water; water supply; public utilities. (Source: UNESCO Thesaurus).
RESUMEN
La investigación tiene por objetivo analizar el Acceso al Agua Potable en Ecuador hacia la
Universalidad del Derecho Humano. Este estudio se enmarca en una investigación descriptiva
documental, caracterizada por la recopilación y análisis exhaustivo de datos e información
proveniente de fuentes bibliográficas. La recopilación de datos se realizó mediante la revisión
minuciosa de los 15 artículos seleccionados, extrayendo información relevante sobre el acceso
al agua potable en Ecuador. Ecuador ha avanzado en la consagración del acceso al agua potable
como un derecho humano universal, pero el desafío radica ahora en traducir estos avances
normativos en acciones concretas que superen las brechas existentes y garanticen un acceso
equitativo y seguro para toda la población. La colaboración continua entre el gobierno,
instituciones y comunidades será esencial para lograr una gestión del agua integral y sostenible
en el país.
Descriptores: agua potable; abastecimiento de agua; servicio de utilidad pública. (Fuente:
Tesauro UNESCO).
eceived: 14/09/2023. Revised: 11/10/2023. Approved: 21/11/2023. Published: 01/01/2024.
Research articles section
Verdad y Derecho
Revista Arbitrada de Ciencias Jurídicas y Sociales
Vol. 3(1), 16-36, 2024
El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
17
INTRODUCTION
In the 21st century, access to safe drinking water emerges as a global challenge
and a moral imperative (Palacios-Valencia, 2020). In the specific context of
Ecuador, the issue takes on significant dimensions by addressing access to safe
drinking water as a universal human right. This analysis dives into the intersection
of politics, infrastructure and fundamental rights, exploring how Ecuador
navigates the currents of universality of access to water.
The declaration of access to safe drinking water as a universal human right
implies a shared responsibility between the state and civil society (Pandal-
Campos, & Pandal-Campos, 2021). Theory unfolds in this scenario, where the
pillars of social justice and equity are intertwined with water infrastructure and
government policies (Murillo, 2018), (Pérez-Garzón, 2019). Understanding this
interrelationship becomes essential to examine the progress and challenges
Ecuador faces in its quest to guarantee this fundamental right.
Ecuador, with its geographic and cultural diversity, faces unique challenges in
providing safe drinking water to all its citizens. From the high peaks of the Andes
to the lush lowlands of the Amazon, the country's geography adds complexity to
the task of ensuring equitable access to water. Analysing the national context
provides an essential basis for understanding regional disparities and the specific
approaches required to address them.
A close examination of government policies therefore reveals the
interconnectedness of political vision and the realisation of fundamental rights.
From infrastructure initiatives to water management programmes, Ecuador
embarks on a multifaceted journey to ensure universal access to safe drinking
water. However, it is crucial to assess the effectiveness of these strategies and
their alignment with human rights principles (Lascano-Demera, 2022).
Despite significant progress, there are persistent challenges that threaten the
universality of access to safe drinking water in Ecuador. Sustainable
management of water resources, mitigating environmental impacts and
Verdad y Derecho
Revista Arbitrada de Ciencias Jurídicas y Sociales
Vol. 3(1), 16-36, 2024
El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
18
overcoming economic barriers are obstacles that require continued attention. In
addition, the opportunity to learn from successful experiences globally highlights
the importance of international collaboration and knowledge sharing.
Ecuador is therefore at a crucial crossroads, where ensuring access to safe
drinking water transcends geographical and political boundaries. By recognising
this right as universal, the country lays the foundation for a future where every
citizen has equitable access to this vital resource. The convergence of theory,
government practice and local experiences offers a comprehensive perspective
to address this moral imperative in the contemporary world.
Based on the above, the research aims to analyse access to drinking water in
Ecuador towards the universality of the human right.
METHOD
This study is framed within a descriptive documentary research, characterised by
the exhaustive collection and analysis of data and information from bibliographic
sources. The bibliographic design allows for a detailed exploration of the existing
literature on the specific topic, in this case, "Access to Safe Drinking Water in
Ecuador as a Universal Human Right". The choice of this design is justified by
the need to obtain a deep and contextualised understanding of the various
aspects related to the topic of study.
The population selected for this research consists of 15 relevant research articles
related to access to safe drinking water in Ecuador. These articles were identified
through exhaustive searches of academic databases, scientific journals and other
specialised resources. The choice of this population is based on their relevance
and contribution to a comprehensive understanding of the topic, encompassing
diverse and enriching perspectives.
The methodology adopted to carry out this study involves an analytical-synthetic
method. The analytical approach is used to break down the key elements of the
selected articles, identifying significant patterns, trends and relationships. On the
Verdad y Derecho
Revista Arbitrada de Ciencias Jurídicas y Sociales
Vol. 3(1), 16-36, 2024
El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
19
other hand, the synthetic method allows for the integration of this information to
develop a holistic understanding of the topic. The combination of both methods
facilitates the synthesis of knowledge and the generation of informed
conclusions.
Data collection was carried out through a thorough review of the 15 selected
articles, extracting relevant information on access to safe drinking water in
Ecuador. Bibliographic sheets and analysis matrices were used to organise and
categorise the information collected. Data systematisation was carried out using
specialised computer tools that allowed for efficient management and subsequent
application of analytical-synthetic techniques.
Data analysis was developed through the application of analytical and synthetic
approaches, allowing the identification of patterns, trends and relationships in the
information collected. Content analysis techniques were used to critically
examine the texts, categorising relevant information and drawing meaningful
conclusions.
This study was carried out respecting the fundamental ethical principles of
scientific research, ensuring the integrity of the information and proper
acknowledgement of the sources consulted. Copyright was respected and the
authors of the articles reviewed were properly cited.
The application of this method allowed us to obtain a detailed and comprehensive
analysis of access to safe drinking water in Ecuador, contributing to the
construction of a solid framework for the discussion and conclusions derived from
this research work.
ANALYSIS OF THE RESULTS
A detailed analysis of the results of the research on access to safe drinking water
in Ecuador as a universal human right is presented:
Reflection and Challenges of the Recognition of the Human Right to Water
in the International and Inter-American Human Rights System
Verdad y Derecho
Revista Arbitrada de Ciencias Jurídicas y Sociales
Vol. 3(1), 16-36, 2024
El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
20
The progressive recognition of the human right to water at the international level,
especially within the UN human rights protection system, represents a significant
development in the response of states to the growing media images of human
suffering. The resonance of water-related crises, such as lack of access to safe
drinking water and water-borne diseases, has catalysed the formulation of legal
standards to address these issues. Drawing on the work of (Ribeiro-do-
Nascimento, 2018), the following analytical proposition is detailed:
The evolutionary process that led to the adoption of Resolution 64/292 by the
United Nations General Assembly in 2010 marks a crucial milestone by expressly
recognising clean and safe water and sanitation as basic rights for the full
enjoyment of life and all other human rights. This resolution, backed by Human
Rights Council Resolution 15/9, consolidates the autonomous recognition of the
right to water, marking a turning point in the international human rights agenda.
Despite these advances, there is a historical trajectory where the human right to
water was not initially treated as a priority, alongside other economic, social and
cultural rights. Concerns about the scope and applicability of this right persist,
raising crucial questions that need to be addressed. Determining the core content
of the right to water presents itself as a fundamental challenge, essential to
prevent states from shirking their responsibilities.
The Committee on Economic, Social and Cultural Rights has contributed
significantly to the formal definition of the right to water through General Comment
No. 15. This states that the human right to water implies access to sufficient, safe,
acceptable, accessible and affordable water for personal and domestic uses.
However, the apparent simplicity of this definition requires careful analysis to
understand its applicability in practice.
Availability, quality and accessibility emerge as key elements of the right to water,
each with significant implications. Availability, according to the ESCR Committee,
must ensure a continuous and sufficient supply for personal and domestic uses.
However, the interpretation of terms such as "continuous" and "sufficient" is
Verdad y Derecho
Revista Arbitrada de Ciencias Jurídicas y Sociales
Vol. 3(1), 16-36, 2024
El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
21
influenced by geographical, climatic, economic and cultural factors, which
underlines the complexity of their implementation.
The quality principle is closely connected to environmental issues, highlighting
the importance of sustainable management of water resources. Accessibility, on
the other hand, has physical, economic, non-discriminatory and information
access dimensions. Attention to vulnerable and marginalised groups, such as
women, children, indigenous peoples and refugees, is consolidated as an
imperative need on the road to equity in access to water.
The jurisprudence of the Inter-American Court of Human Rights reflects an
indirect recognition of access to water as a right derived from other rights,
primarily the right to life. While the Court has made progress in protecting this
right by considering it essential for a dignified life, it still falls short of directly
recognising the human right to water as an autonomous entity. This gap could be
considered an area for improvement and clarification in the protection of this vital
right in the Inter-American region.
In conclusion, the progressive recognition and definition of the human right to
water at the international level are significant steps towards the effective
protection of this fundamental right. However, the complexity of its
implementation, especially in terms of availability, quality and accessibility,
implies considerable challenges. The experience accumulated to date underlines
the need for continued action to clarify and strengthen the legal and practical
foundations underpinning universal access to water as an inalienable human
right.
As a complement to the above, the following theoretical argument is
presented from the work of (García-Vázquez, 2020):
The proclamation of the human right to water by the UN marked a significant
milestone, imposing a fundamental responsibility on all member countries of the
organisation. This obligation, rooted in fundamental and membership
commitments, establishes a universal standard that every nation must adopt and
respect. In the Ibero-American region, this commitment is reflected in the
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Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
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inclusion of these rights in the most relevant treaties, thus consolidating a
coherent regional position on the protection of access to water as a human right.
The explicit recognition of the human right to water in constitutions strengthens
the position of the citizen vis-à-vis the state, providing them with a vital tool to
address malpractices and abuses related to this essential resource. However,
recognition in the constitution must be accompanied by legislation that not only
affirms it in theory, but ensures its practical implementation. Legislation must
establish effective systems to ensure the preservation of water, involving both
government institutions and citizens in the management and protection of this
vital resource.
The lack of uniformity in the recognition of the human right to water between
countries, compounded by geographical differences and variations in socio-
economic orders, can influence society's perceptions and responsibilities towards
sustainable water management. Awareness and commitment vary, and it is
crucial to seek a homogenous approach that recognises the importance of water
as an essential common good for all countries in the region.
In the specific case of Chile, it stands out as an exception due to the particular
legal regime governing water use and development. Although it could be argued
that the human right to water is implicitly recognised, the primacy of ownership
over the resource, to the detriment of human consumption, poses significant
challenges. This situation suggests the urgent need to modify Chilean legislation
to align it with the demands of the population, guaranteeing the human right to
water through its explicit recognition. In addition, it is necessary to establish a
legal order that prioritises human consumption and sanitation, thus ensuring that
water management is oriented towards satisfying the basic needs of the
population.
In short, the current challenge lies in harmonising national legislation with
international standards, ensuring that the human right to water is not only
recognised on paper, but also translated into effective practices that safeguard
this vital resource for present and future generations.
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
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Based on the work of (Valdés-de-Hoyos, Elena, & Uribe-Arzate, 2016), the
following is described:
'The evolution of the recognition of the human right to water has been a direct
response to the growing awareness of the importance of this vital resource in a
global context where its access can no longer be taken for granted. This process
has generated debates and conflicting positions, especially in relation to the
perception of water from an economic approach and that which highlights its
relevance from an opposing perspective.
The rationale for the recognition of this right has been driven by the need to
highlight both the essential functions that water plays in the satisfaction of various
human needs and the alarming problems facing natural resources, in particular
the water crisis that threatens the preservation of life on the planet. This attention
has resulted in international efforts to analyse the global situation, as well as in
the formulation of plans and policies aimed at addressing the challenges
associated with water management.
The path towards recognition of the right to water involves ongoing work, which
seeks to establish its justification as an independent right or as an essential
component for the enjoyment of other fundamental rights, being crucial for
leading a life of dignity. This effort is based on a variety of reasons, ranging from
the global crisis to the inequitable distribution of the resource, the latter being
central to the social concerns of the 21st century.
Water has been subjected to exhaustive analysis and the search for recognition
by states and international organisations. As this process moves forward, the
importance of constructing the minimum content necessary to ensure access to
this essential resource is highlighted. However, although Resolution 64/292 of the
UN General Assembly establishes this right, its character as a recommendation
and the absence of a minimum essential content in this document pose
challenges for its effective implementation. This situation has led to the need to
resort to other texts, through interpretation, which do develop this right, although
they are not binding.
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
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At the legal level, the framework established by the UN has laid the foundations
for the recognition of the right to water, but effective implementation depends on
the internal action of States. The reform of article 4 of the constitution in 2012 in
some countries demonstrates significant progress; however, challenges remain
in states and sectors that do not yet prioritise this recognition. The importance
and minimum content of the right to water exists, but its consolidation depends
on the will and commitment of actors at national and international level to
overcome obstacles and ensure its effective implementation.
Based on the work of (Becerra-Ramírez, & Salas-Benítez, 2016), the
following is analysed:
The analysis provided highlights the importance of theory and international
instruments in the field of human rights, specifically with regard to access to safe
drinking water and sanitation. It is emphasised that these rights are not
unattainable goals, but commitments that States must gradually assume
according to the principle of progressivity of rights.
The constitutionalisation of these rights is seen as a fundamental step, providing
a legal basis for their enforceability through judicial mechanisms. However, it is
argued that mere positivisation is not enough; it is essential that both public and
private actors adopt ethical measures to translate these rights from norm to
reality. The need for real commitment on the part of all individual elements
representing the state is highlighted.
The lack of effective administrative measures presents itself as a persistent
challenge in the realisation of these rights. Although awareness of the right to
water has increased thanks to the dissemination of its content and scope, there
is still a long way to go. The work of jurisdictional and non-jurisdictional bodies in
protecting these rights, especially in regions such as Latin America, is
acknowledged. However, it is stressed that a more comprehensive approach is
needed that prioritises the use of public goods for the fulfilment of human rights,
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
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instead of relegating them to inputs in productive processes that can be quantified
in monetary terms and do not translate into people's well-being.
In summary, the analysis argues for an effective and ethical implementation of
the human rights to water and sanitation, recognising the current challenges and
highlighting the importance of a holistic approach that promotes the well-being of
people and peoples.
From the perspective of (Suárez-Serrano, et al. 2019), it details:
'The analysis highlights a number of significant challenges in water security for
communities, especially those dependent on drinking water distribution and
sanitation systems. Several key concerns are identified:
Irregular water availability compromises the water security of communities. Lack
of consistent access to safe drinking water is a threat to the health and well-being
of the population. The possibility that water may not meet basic parameters of
potability highlights the importance of ensuring the quality of the distributed
resource. The fragility and underdevelopment of drinking water and sanitation
distribution systems make them highly vulnerable to hydro-meteorological
events, whether droughts or floods. The limited storage capacity of drinking water
exacerbates the impact of these events on the availability of the resource.
The lack of maintenance and the age of wells represent potential risks for water
contamination. This highlights the need for investments and efforts in
infrastructure modernisation. It underlines the need for participatory training on
legal, administrative, water quality and quantity, as well as vulnerability in water
management. The promotion of methodologies such as water security plans
(WSPs) is seen as fundamental to strengthen community management towards
water security.
The creation of federations, leagues or unions stands out as an interesting
approach to work in a collaborative and coordinated manner to improve the
management of drinking water supply and sanitation systems. These entities can
also play a crucial role in climate change adaptation, facilitating the monitoring of
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
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water sources and providing a platform for the generation of information on
hazards and risks.
Drinking water in Ecuador as a universal human right
First, the analysis is based on the work of (Martínez-Moscoso, 2021):
The analysis of regulation on water management in Ecuador reveals an evolution
over time, marked by different models and approaches. Two clearly defined
models stand out: one based on private property (water markets) and another in
which water is considered public domain and managed by the State.
The history of water management in Ecuador dates back to 1860 with the first
Civil Code, which recognised that rivers and waters in natural channels were
national assets for public use. However, exceptions were made for springs that
had their source and source on the same property, as well as for wells on private
land.
For much of the 20th century, there were significant changes, especially during
the military dictatorship and the nationalist government of the Armed Forces in
the 1970s. In 1972, a revolutionary law was enacted that declared all waters in
Ecuador to be national public property, even those previously considered private
property.
The 2008 Constitution introduced important innovations, such as Sumak Kawsay
or good living, the recognition of nature as a subject of rights and the division of
state functions. In addition, water was recognised as a human and fundamental
right, with characteristics of public use and an express prohibition of privatisation.
In terms of regulation, the 2014 Organic Law on Water Resources, Uses and
Development of Water (LORHUAA) was a fundamental step. This law guarantees
the human right to water, establishes principles, rights, guarantees and
obligations, and creates a strategic national system under the leadership of the
Single Water Authority.
The LORHUAA defines water as a strategic, inalienable, imprescriptible and
unseizable national patrimony. It also establishes a vital quantity of water per
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
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person and a minimum tariff to guarantee basic needs for domestic use. It creates
an institutional structure that includes the Single Water Authority, the Water
Regulation and Control Agency, and the River Basin Council.
The law emphasises equality and non-discrimination in access to water, adopting
affirmative measures to promote the exercise of the right, especially for priority
groups. It also establishes state obligations, such as the principle of progressivity
and universality of the right to water.
Despite these normative advances, statistics indicate that there is still a gap
between urban and rural areas in terms of secure access to water. This suggests
that, despite the legal recognition of the human right to water, additional efforts
are needed to ensure effective implementation and equity of access throughout
the country. The institutionality created around this right must be translated into
concrete actions to improve the quality of life of the population.
Based on the work (Arroyo-Arévalo, & Ramón-García, 2022), it stands out:
The article addresses decentralisation as an essential component for exercising
democracy in a state that has historically been centralist. The 2008 Constitution
of Ecuador establishes a territorial design that seeks the organised transfer of
competences with the aim of achieving territorial equity and harmonised
development of localities. Decentralisation plays a crucial role in improving the
quality of public services, especially in critical areas such as the provision of
drinking water and sanitation services, which have a direct impact on structural
problems of the economy, such as chronic child malnutrition.
The analysis focuses on the management models of Quito and Guayaquil, two
major cities in Ecuador, examining how the exercise of the water and sanitation
competence, in the framework of decentralisation, has positively affected the
indicators reported from the water control entity. It highlights the importance of
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
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evaluating these indicators in terms of coverage and continuity of service
provision, which are fundamental to addressing structural problems.
The article supports the idea that water and sanitation competition should be
addressed in a comprehensive manner, considering the whole cycle of these
services. It also emphasises the need for a mapping of responsible and co-
responsible actors in this area. Decentralisation, according to the article, should
not only imply a transfer of competencies, but also the establishment of an
institutional framework that facilitates inter-institutional coordination and
articulation, overcoming sectoral practices that can hinder the harmonious
development of the territories.
The case analysis between Quito and Guayaquil reveals specific weaknesses,
especially in coverage and attention to rural areas. It also points to a lack of
information gathering from community actors, highlighting the need to strengthen
water and sanitation management models, especially in relation to community
participation and collaboration. This observation suggests that, despite progress,
there are still pending challenges in the effective implementation of decentralised
models in this sector, with a more inclusive approach oriented to the specific
needs of all communities.
In relation to water quality, (Baque-Mite, et al. 2016), state that:
The Water Quality Index provides crucial information on the fitness for human
consumption of the water resource in question. The results indicate that the
assessed water is not suitable for direct consumption, as it is classified as
"doubtful for consumption", indicating the need for potabilisation treatment. This
finding suggests concerns about the safety of the water supply and highlights the
importance of addressing water quality to ensure public health.
Analysis of the different parameters reveals that the average levels of nitrites,
turbidity, total dissolved solids, pH, total hardness, colour and iron are within
acceptable limits for environmental quality. However, specific concerns are
identified during the rainy season, where values for faecal coliforms, manganese
and dissolved oxygen exceed the maximum permissible limits. This indicates the
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
Lilian Fabiola Haro-Terán
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seasonal influence on water quality and the need to consider climatic variations
when assessing security of supply.
Seasonal variability is reflected in the increase of some parameters during the
rainy season and others during the dry season. The increase in pH, hardness,
colour, nitrite and phosphate levels during the rainy season could be attributed to
factors such as runoff of agricultural or urban pollutants. On the other hand, the
increase in nitrates and iron during the dry season could have different sources,
such as mineral concentration due to decreased water flow.
The call for permanent monitoring is key. This suggests the need to establish a
constant surveillance system to identify pollution hotspots and understand trends
over time. This proactive approach would allow a rapid response to changes in
water quality, facilitating the implementation of corrective and preventive
measures.
In summary, the analysis highlights the importance of considering both point
results and seasonal trends when assessing water quality. Furthermore, it
underlines the need for continuous monitoring and treatment measures to ensure
the safety of the drinking water supply and to effectively address identified
contamination problems.
In complement, (Campos, et al. 2021), stresses that:
The analysis of water availability in Ecuador provides essential insight for the
sustainable management of this vital resource. The data reveal that, on average,
the country has a significant amount of water, with 241,048.61 hm3 annually. The
distribution in the Pacific and Amazon basins, with 68,262.25 hm3 and
172,786.36 hm3 respectively, highlights the importance of considering regional
disparities in water planning.
Per capita availability provides a more specific perspective on individual access
to water. In 2016, per capita availability on the Pacific slope was 5,018.90
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El acceso al agua potable en Ecuador: trascendiendo fronteras hacia la universalidad del derecho humano
Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
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m3/inhab/yr, while on the Amazon slope it was significantly higher, reaching
77,584.23 m3/inhab/yr. This difference highlights the need to address not only
the total amount of water available, but also the equity in its distribution between
regions.
The annual rate of decline in per capita availability provides valuable information
on the long-term sustainability of water resources. The decline of 0.66% on the
Pacific slope and 1.91% on the Amazon slope underlines the importance of taking
measures to preserve and optimise water use in both regions.
The call for action by the national government and relevant institutions is crucial.
The implementation of plans and projects must be based on updated data to
understand the real situation of water resources in the country. The emphasis on
regular monitoring, management, conservation and optimisation highlights the
need for comprehensive and sustainable approaches to water management.
It is essential to address water management not only from a quantitative
perspective, considering the total quantity available, but also from a qualitative
perspective to ensure the quality of the resource. Planning must be adaptive and
consider the possible impacts of climate change and other variables that may
affect water availability in the future.
In conclusion, the analysis highlights the importance of an integrated approach
to water management in Ecuador, considering both the quantity and quality of the
resource, and advocating for equity in regional distribution. Collaboration
between government, institutions and universities is essential to ensure the long-
term sustainability of water resources in the country.
In contrast, (Zuñiga, et al. 2023), state the following:
Processing monthly consumptions in population centres to determine average
and maximum historical consumptions provides valuable information on water
consumption patterns, especially in the context of the year 2020, marked by
isolation due to the pandemic. The key aspects of this study are discussed below:
Comparison with Historical Consumptions:
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The choice to use historical average and peak consumptions as benchmarks
demonstrates a robust approach to assessing any significant changes in
consumption during quarantine in 2020.
The finding that in none of the samples did monthly quarantine consumption
exceed historical peak consumption indicates that, despite the isolation situation,
the residential sector did not increase its water demand.
Impact of Low Demand on Other Sectors:
It is noted that water demand in sectors such as commercial, public, education,
tourism and industry was low or non-existent during the quarantine. This
positively influenced the stability of residential water supply.
Projected Future Water Supply Shortfalls:
The projection that 32.6% of the studied villages will experience drinking water
shortages in future emerging cases raises concerns about the ability of supply
systems to cope with sudden increases in demand.
The identification of educational, commercial and tourism activities as the main
drivers of demand highlights the need for careful planning to ensure supply in
situations of increased activity.
Recurrence of Fortuitous Events:
Reference to fortuitous events due to recurrent natural or socio-economic
phenomena over the last three decades highlights the importance of preparing
for unforeseen situations.
The lack of geographical service coverage greater than 90% in the population
centres studied highlights a significant vulnerability, as unserved areas could
experience greater difficulties in the event of an emergency.
Concern for the Future:
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The concern expressed is intensified when considering the combination of
recurrent fortuitous events, projected future shortages and limitations in
geographic service coverage.
In summary, the analysis highlights the importance of anticipating and addressing
changing demands for water, especially in crisis situations, and highlights the
need for proactive measures to strengthen the resilience of water supply systems
in the future.
Qualitative Categories Generated:
Based on the above arguments, the qualitative categories of the study are
presented, generated as an essential factor to deepen further research on the
edges that legally underpin water as a universal right in Ecuador:
Historical Evolution of Water Regulation in Ecuador:
Private Property Model (Water Markets): Highlights the historical phase in which
water was considered private property, with the existence of water markets.
Public Domain Model Managed by the State: This refers to the transition towards
the recognition of water as a public good, managed by the State, especially since
the 1972 legislation and the 2008 Constitution.
Normative and Constitutional Development:
Historical Period (1860 to 20th Century): highlights changes in water
management from the time of the first Civil Code in 1860 through much of the
20th century, with exceptions for private property.
2008 Constitution and 2014 Water Resources Law: Refers to the inclusion of
Sumak Kawsay, recognition of nature as a subject of rights, and the enshrinement
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of water as a human and fundamental right in the Constitution. It also highlights
the importance of the 2014 Water Resources Law.
Implementation Challenges and Gaps:
Urban-Rural Gap: Underscores the existence of disparities in secure access to
water, despite normative advances. Decentralisation Challenges: Highlights
weaknesses in management models in Quito and Guayaquil, especially in rural
areas and community participation.
Water Quality and Monitoring:
Water Quality Index: Focuses on suitability for human consumption and the need
for potabilisation treatment. Seasonal Variations: Considers seasonal changes
and their effects on parameters such as faecal coliforms, manganese and
dissolved oxygen.
Availability and Sustainability:
Availability Figures: Highlights annual and per capita figures for water available
in the Pacific and Amazon basins.
Annual Decline Rate: Underlines the importance of long-term sustainability and
the need for measures to preserve and optimise water use.
Water Consumption in Populated Centres during Quarantine:
Comparison with Historical Consumption: Analyses the impact of low demand
during quarantine and projects possible future shortages.
Recurrence of Fortuitous Events: Highlights concerns about natural or socio-
economic events and lack of geographic service coverage.
These categories provide an organisational structure for understanding the
complexities and challenges of water management in Ecuador, addressing
historical, legal, quality and sustainability issues, as well as specific concerns
about water consumption in exceptional situations.
CONCLUSIONS
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Access to safe drinking water in Ecuador: transcending borders towards the universality of a human right
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Water management in Ecuador has undergone a significant evolution over time,
marked by diverse models and approaches. From the first recognitions of rivers
as national goods for public use in 1860 to the revolutionary law of 1972 that
declared all waters as national goods, and more recently, the 2008 Constitution
that recognises water as a fundamental human right.
Access to drinking water in Ecuador is consolidated as a fundamental human
right, backed by a significant normative evolution over time. From the recognition
of rivers as national assets in 1860 to the enshrinement in the 2008 Constitution
and the enactment of the Organic Law on Water Resources, Uses and
Development of Water (LORHUAA) in 2014, Ecuador has taken important steps
to guarantee this right.
Ecuadorian legislation defines water as a strategic and inalienable national
patrimony, establishing minimum quotas per person and minimum tariffs to
ensure basic needs for domestic use. However, challenges remain, such as the
access gap between urban and rural areas, which underlines the need for
additional efforts to achieve effective and equitable implementation throughout
the country.
The decentralisation analysis highlights the importance of devolving
competencies to improve the quality of services, especially in critical areas such
as water supply. Despite progress, the focus on Quito and Guayaquil reveals
weaknesses in coverage and attention to rural areas, indicating the importance
of strengthening community participation.
Water quality, assessed through various parameters, demands continuous
attention and constant monitoring to address seasonal challenges and maintain
high safety standards. Water resource availability, although significant in total
terms, requires equitable distribution and measures to preserve its long-term
sustainability.
In summary, Ecuador has made progress in enshrining access to safe drinking
water as a universal human right, but the challenge now lies in translating these
normative advances into concrete actions that overcome existing gaps and
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ensure equitable and safe access for the entire population. Continued
collaboration between government, institutions and communities will be essential
to achieve comprehensive and sustainable water management in the country.
FUNDING
Non-monetary
CONFLICT OF INTEREST
There is no conflict of interest with persons or institutions involved in the research.
ACKNOWLEDGEMENTS
To the people who have worked for the achievement of water as a fundamental
right in Ecuador.
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Copyright: 2024 By the authors. This article is open access and distributed under the terms and conditions of
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