versão impressa ISSN 1692-8156
LOPEZ-MURCIA, Julián Daniel e GARCIA-DAZA, Lina María. ECONOMIC, SOCIAL AND CULTURAL RIGHTS OBLIGATION OF PROGRESSIVITY: THE CASE OF COLOMBIAN PUBLIC UTILITIES. Int. Law: Rev. Colomb. Derecho Int. [online]. 2008, n.12, pp. 217-251. ISSN 1692-8156.
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.
Palavras-chave : public utilities; regulation of tariffs; Economic, Social and Cultural Rights; obligation of progressivity; right to adequate housing; right to water.