Keywords
regulation of tariffs
Economic
Social and Cultural Rights
obligation of progressivity
right to adequate housing
right to water
How to Cite
Abstract
This article is the result of the project “La economía en los derechos humanos” (Economy in Human Rights) of the line “Globalización y Desarrollo del Derecho Internacional” (Globalization and the Development of International Law), of the research team Centro de Estudios de Derecho Internacional y Derecho Global “Francisco Suárez, S.J.” (acknowledged by Colciencias - “A” category). The authors analyse the ESCR obligation of progressivity and, based on this analysis, establish whether the Colombian regulation of tariffs of public utilities (electricity, telephone services, water and sewage, basic drainage, cleansing), has or hasn’t had a favourable effect on the observance of the mentioned obligation and its legal consequences. The methodological emphasis is based on the interpretation of the obligations derived from International Human Rights Law taking into account the economic reasoning and on the interpretation and application of the Colombian economic regulation regarding these Rights. Finally, the reasons will be established why the favourable results of the current Colombian tariff system regulation have as a consequence the juridical limitation of the possibilities to its reform.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.