Spanish
The Constitutional Court of Colombia is asked to review the previous judgment of the Superior Court of Cúcuta.
The applicant appealed to the Superior Court of Cúcuta against the municipal authorities in charge of maintenance, cleaning and cleaning the dewatering duct of rainwater that runs through the city of Cúcuta, called "Bogotá Canal", claiming that the canal is an infectious focus, which is threatening his life and the people living nearby. The Supreme Court denied his allegations saying that is considered as an essential requirement for the protection of the right to life in connection with the environment, that the directly affected person demonstrates the supported particular damage or threat faced in the field of fundamental rights. In addition the applicant must demonstrate a causal link between the given reasons for environmental disruption and the damage or threat suffered.
The Constitutional Court accepted the demands of the applicant, and reversed the previous judgment. The Constitutional Court said that living in the vicinity of a site that is highly contaminated by sewage or waste threatens the fundamental right to life.