Right to Water and Sanitation
A primary, guiding text on the right to water and sanitation is articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights. When the right to water is fully realized, people have access to a sufficient quantity and quality of water to meet their basic needs that is supplied under the best possible conditions in a non-discriminatory manner.
Minimum Core Content
States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to water. States are obligated to ensure:
- the right to fresh, safe and sufficient water that is of an acceptable color, odor and taste for each personal or domestic use;
- right to be free from interference, such as the right to be free from arbitrary disconnections or contamination of water supplies;
- the right to a system of water supply and management that provides equality of opportunity for people to enjoy the right to water;
- non-discriminatory economic and physical access to potable water and water facilities such as piped water networks, water tankers, rivers and wells;
- adequate sanitation;
- that the water supply for each person must be sufficient and continuous for personal and domestic uses;
- that the water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute and threat to a person’s health; and
- the right to seek, receive and impart information concerning water issues.
One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to water is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights. As a caveat, the United Nations Committee on Economic, Social and Cultural Rights advises that the adequacy of water should not be interpreted narrowly by mere reference to volumetric quantities and technology.
Right to Water and Sanitation Dossier
- Articles 11(1), 11(2)(a) of the International Covenant on Economic, Social and Cultural Rights
- Article 12(2)(b) Universal Declaration on the Eradication of Hunger and Malnutrition
- Article 14(2) of Convention on the Elimination of All Forms of Discrimination Against Women
- Article 24(2) Convention on the Rights of the Child
- Articles 20,26,29,46 of the Geneva Convention relative to the Treatment of Prisoners of War
- Articles 85,89,127 of the Geneva Convention relative to the Treatment of Civilian Persons in Time of War
- Articles 54 and 55 of the Additional Protocol I of 1977 to the Geneva Convention relative to the Treatment of Civilian Persons in Time of War Articles 5 and 14 of the Additional Protocol II of 1977 to the Geneva Convention relative to the Treatment of Civilian Persons in Time of War
- Preamble, Mar Del Plata Action Plan of the United Nations Water Conference
- Paragraph 18 of Agenda 21
- Principle Number 3, The Dublin Statement on Water and Sustainable Development
- Principle Number 2, Programme of Action of the 1994 United Nations Conference on Population and Development
- Paragraphs 5 and 19 Recommendation 14 of the Committee of Ministers to Member States on the European Charter on Water Resources
- Resolution 2002/6 of the United Nations Sub-Commission on the Promotion and Protection of Human Rights on the promotion and protection of the right to drinking water
Potential Right to Water Violations
Some potential right to water violations include:
- Excluding women from decision-making processes concerning water resources and entitlements; and
- Maintaining ineffective regulatory systems that permit private actors that operate or control water services to restrict economic and physical access to sufficient, safe and acceptable water based on schemes that are discriminatory and unaffordable.
Key Right to Water Developments and Sample Best Practices
Major advances in holding non-state actors accountable for social and economic rights violations are also apparent when examining privatization exercises where the public sector underwrites private investment risks and/or sells state-owned assets to private actors. Some of the attendant dangers of privatization from an ESC rights perspective include:
- a sharp decline in the extent of the quality and coverage to vulnerable groups;
- low level, at best, or complete lack of, at worst accountability of operators; and
- basic social services driven by market forces (i.e. rate of return and cost-recovery considerations) that impact negatively on access to services by marginalized groups and poor people.
The Public Services International Research Unit (PSIRU) is a good resource on specific ways that privatization in the water sector can further marginalize the poor and other vulnerable groups. Of particular note is PSIRU’s criticisms of the World Bank’s water resources sector strategy.
General Comment Number 15 on the Right to Water
The following case summary illustrates how human rights defenders have used the ESC rights approach to promote and protect the right to water and sanitation: