Abstract

Both at the constitutional and legal levels, the Chilean system has only contemplated the human right to water from the reform introduced to the Water Code by Law 21,435, of 2022. This new right is incorporated into the legislation and, along with it, a series of legal mechanisms to make it effective. This article addresses the foundations on which the human right to water is based, its normative evolution in the international context, its jurisprudential recognition and finally its incorporation into current national law, in order to verify how this produces radical alterations in the principles of neutrality, proportionality and mandatory granting that supported the original Water Code