Recognizing the right to arsenic-free drinking water took a decade of struggle, and the persistent efforts of the community have borne fruit.
In a groundbreaking ruling, the Supreme Court of the Province of Buenos Aires has definitively dismissed the complaint filed by Aguas Bonaerenses S.A. (ABSA), thus reaffirming the company’s unavoidable obligation to guarantee the residents of Chivilcoy access to arsenic-free drinking water with an arsenic content below 10 µg/L, as required by the Argentine Food Code. This decision marks a crucial milestone in the defense of the human right to safe water.
A decade of conflict: the fight for access to arsenic-free drinking water
The conflict that led to this historic ruling began over ten years ago. It was at that time when a group of residents of Chivilcoy, concerned about the quality of the water supply, filed a protective action demanding that they be provided with safe and fit for human consumption water.
In its defense, ABSA relied on an old provincial regulation that allowed up to 50 µg/L of arsenic, a figure that significantly exceeded the limits established by national legislation and recommendations from international organizations.
The judiciary, in previous instances, had already ruled in favor of the community, first at the trial level and then at the appeal level.
Now, with the rejection of the extraordinary appeal filed by ABSA before the provincial supreme court, the ruling has become final and unchangeable.
This means that the company has no further legal options and must urgently proceed to build a reverse osmosis plant and also improve the water supply service comprehensively and immediately in the locality.
A fundamental precedent for the entire province and OCABA’s oversight
This ruling not only represents a resounding victory for Chivilcoy but also sets a historical precedent of enormous significance for the entire province of Buenos Aires.
By reaffirming that the human right to arsenic-free drinking water prevails over any economic interest or lower regulations, the Supreme Court sends a clear and forceful message about the priority of public health and the well-being of citizens.
Additionally, the ruling imposes a fundamental obligation on the Water Control Agency (OCABA): it must carry out bi-monthly and completely transparent monitoring of water quality in Chivilcoy, thus ensuring constant and accessible public oversight.
This measure aims to ensure the continued compliance with regulations and the protection of the population.
The danger of groundwater and scientific endorsement
Both ABSA and the Government of the Province of Buenos Aires argued that a value of 50 micrograms per liter of arsenic in water would represent a safe parameter for consumption.
However, this stance has been decisively refuted by scientific evidence and international recommendations.
The Supreme Court ruling is based on solid opinions from research, academic, and health entities of recognized prestige, such as the Faculty of Biochemistry at the University of Buenos Aires, CONICET, and the Children’s Hospital of La Plata, whose reports were incorporated and valued in the legal processes.
These entities unanimously endorse that the safe limit for arsenic-free drinking water is 10 µg/L.
The seriousness of the situation is heightened when considering the data revealed by the Arsenic Map in Argentina, being compiled by the Buenos Aires Institute of Technology (ITBA).
This preliminary study already shows that arsenic levels in groundwater in a large sector of the Buenos Aires interior present an alarming average range, ranging from 75 to 370 micrograms per liter.
These figures far exceed not only the value determined by the Supreme Court (10 µg/L) and the one recommended by the World Health Organization (WHO) and the state of science, but also exceed the reference value of 50 µg/L that ABSA and provincial authorities were advocating for.
This judicial victory in Chivilcoy to ensure arsenic-free drinking water not only guarantees a fundamental right for its inhabitants but also highlights the urgent need to review and adapt water policies throughout the province of Buenos Aires to ensure that no citizen has to face the risk of consuming water with dangerous levels of arsenic.
