Alcance de protección del río cauca como sujeto de derechos de la sentencia no. 38 de 2019 del tribunal superior de Medellín en el valle de cauca

Abstract

Throughout the years, the environment has suffered severe consequences and mainly in the source of life, the rivers; therefore, in the face of the present panorama, the Civil Decision of the Superior Court of Medellin, by means of sentence of June 17, 2019, declared the Cauca River as subject of rights. The article evidenced that protection is not total in the river basin, so from the perspective of environmental law and the human rights approach, in order was clearly specified the scope of protection to the effective enjoyment of the DESCA, and the aforementioned sentence was analyzed against the Cauca River as a subject of rights in Cauca valley, with the factual and juridical presuppositions of the sentence, which allowed characterizing the damages caused and finally determining the legal tools to be applied for the restoration of rights of the Cauca River.