Summary
On June 27, 2025, the Family, Women, Children, and Adolescents Unit of Cuenca issued Judgment No: 01204202406520, which recognized the Irquis River as a subject of rights following a pollution spill that clouded the river with whitish water and debris, and left the communities of Tarqui and Victoria del Portete without drinking water for 48 hours. The ruling, which aligns with Article 71 of Ecuador’s Constitution recognizing nature’s rights, ordered the defendants to ecologically restore the impacted area and return the River to its original state.
Court Ruling
Regarding the ecological restoration, the court ordered specific actions to be taken, including: the building of a wall or dam that prevents landslides of soil material into the waters of the Irquis River, and the reforestation of the banks of the Irquis River in the sector of the affected community, for which they must provide 300 native plants. The ruling also prohibited any activities that violate the rights of nature within the Irquis Yanuncay Protective Forest and Vegetation Area and the Irquis River, and instructed the Ministry of Environment, Water, and Ecological Transition (MAATE) to take all necessary measures to protect the river and forest area. MAATE will also be involved in creating and administering a participatory plan with the Drinking Water Management Board Of The Victoria Del Portete And Tarqui Parishes, for the management and care of the Irquis River, to avoid future contamination and ensure a reliable water supply for the communities. The Defensoría del Pueblo (Ombudsman’s Office) is tasked with monitoring the compliance of the ruling.
The Family, Women, Children, and Adolescents Unit of Cuenca is a local governmental judicial body within the Cuenca Canton in Ecuador that is responsible for the comprehensive protection and guarantee of the rights of families, women, children, and adolescents. The unit has the authority to issue legally binding judgments.
Involved Organizations
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/ecuador-court-case-rights-of-the-irquis-river/.
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