Constitutionalizing the right to water

Kostis N., Mylonas (2025) Constitutionalizing the right to water. DE IURISPRUDENTIA ET IURE PUBLICO: JOG- ÉS POLITIKATUDOMÁNYI FOLYÓIRAT, 16 (3-4). pp. 45-60. ISSN 1789-0446

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Abstract

This presentation examines the right to water through the lens of jurisprudence and constitutional theory. Building on international and comparative jurisprudence, it argues that access to water transcends mere social policy and should be understood as a fundamental constitutional right. In particular, the presentation analyzes how the right to water functions as a precondition for the protection of human dignity and private and family life under the Greek Constitution, while also introducing the concept of “climate resilience of water” as a jurisprudential innovation. This concept captures the state’s responsibility to safeguard water resources not only for present but also for future generations, thus bridging individual rights with collective environmental obligations. The presentation situates this discussion within broader theoretical debates on the justification of constitutional rights, judicial review, and the interaction between domestic and international law. It ultimately argues that explicit constitutional recognition of the right to water could provide a stronger normative framework, clarifying both its ownership regime and principles of provision. In doing so, it contributes to the jurisprudential debate on how constitutions adapt to global challenges while redefining the scope of fundamental rights.

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