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1. What is the right to water?
The recognition of different dimensions of water: usages (domestic,
industrial, agricultural), boundaries (local, regional and international),
values (cultural, social, environmental, and economic) and users
(human beings and all other life). It also recognizes water’s
crucial importance for sustainable economic and environmental development
and facilitates the adoption of a new ethical, ecosystemic and right-based
approach to sustainable water management. This emerging approach
will prioritize the right to water, which is essential for securing
social justice, dignity, equality and peace. Its implementation
will entitle everyone to sufficient, acceptable and non-discriminatory
access to water and give the users a line of legal recourse.
The right to water means the fundamental human right of access
to Water for Life, i.e. water of a quality, quantity and accessibility
sufficient to satisfy the basic human needs for drinking, hygiene,
cleaning, cooking, subsistence agriculture for local food consumption,
and sanitation.
Water for Life also designates a guaranteed flow to ensure the
health and proper functioning of all aquatic ecosystems.
Water for Life includes sanitation, which refers to the collection,
transport, treatment and disposal or re-use of human waste and used
household water, by the most appropriate means.
The right to water recognizes water as an important factor in sustainable
economic development, this is known as Productive Water. Productive
water relates to the efficient and rational use of water in activities
that are of an economic value.
2. Is the right to water
a new concept within human rights’ legislature?
The right to water is explicitly enshrined in two UN human rights
treaties - the Convention on the Elimination of all Forms of Discrimination
against Women, and the Convention on the Rights of the Child, as
well in one regional treaty – the African Charter on the Rights
and Welfare of the Child. The Geneva Conventions guarantee the protection
of this right during armed conflict.
In addition, the right to water is an implicit part of the right
to an adequate standard of living and the right to the highest attainable
standard of physical and mental health, both of which are protected
by the International Covenant on Economic, Social and Cultural Rights.
However, some states continue to deny the legitimacy of this right.
In light of this fact and because of the widespread non-compliance
of States with their obligations regarding the right to water, the
UN Committee on Economic, Social and Cultural Rights confirmed and
further defined the right to water in its General Comment No. 15.
Adopted on 26 November 2002, this document provides guidelines for
States Parties on the interpretation of this right under two articles
of the International Covenant on Economic, Social and Cultural Rights
- Article 11 (the right to an adequate standard of living) and Article
12 (the right to health).
3. Is the right to water enforceable?
States Parties to international human rights treaties have the obligation
to respect, protect and fulfill the rights enshrined in those treaties.
This obligation implies the incorporation of those rights into national
laws and policies and the assurance of their non-discriminatory
application both in law and practice.
The incorporation of the right to water into the national law of
a country would grant individuals and communities access to legal
redress for violations of this right.
Unfortunately to date there are still some when the right to water
has to be enforced through national and local courts.
4. Is there an international legally binding
document on the right to water ?
No. An international document guaranteeing that everyone has a right
to safe and affordable water, which would be binding for national
governments and that, most importantly, would provide a model and
mechanism for the implementation of this right, does not exist.
In spite of this being a critical situation, governments, with few
exceptions, are reluctant to open negotiations for a new international
law.
An important step in the right direction was made in November 2002,
when the UN Committee on Economic, Social and Cultural Rights (CESCR)
recognized the right to water as a fundamental human right. This
should, in theory, commit the 145 states that have ratified the
International Covenant on Economic, Social and Cultural Rights to
gradually ensure fair and non-discriminatory access to safe drinking
water. Unfortunately, the status of the CESCR’s interpretation
of this document does not confer a legally binding governmental
obligation.
It is the reason why Green Cross International and its partners
are proposing the negotiation and adoption of a Framework Convention
on the Right to Water, which, when ratified by the member states
of the United Nations, will give all people a tool through which
to assert their right to safe water and sanitation and would oblige
national governments to make sure that this right is respected.
The rights-based approach to the management of water resources will
open the road to access to water for all.
Governments have the collective responsibility of starting negotiations,
and further adopting this Framework Convention. This document would
clarify the state parties’ duties and would give the Right
to Water the status of being internationally legally binding.
5. What is the impact of recognizing water
as a human right?
The right to water is a further tool for citizens and states to
ensure the universal enjoyment of this right. This does not mean
that overnight everyone will have access to water. Rather, it means
that governments must recognize that all people, without discrimination,
have the right to enjoy access to safe, affordable, and sufficient
water services.
States Parties to the treaties, in which the right to water is enshrined,
have an obligation to respect, protect and fulfill the right to
water. Their compliance with these obligations is monitored by the
UN human rights system.
6. Does the right to water mean that water
should be free?
The right to water does not mean that water is to be provided free
of charge. However, individuals are entitled to water that is affordable.
Water should be treated as a social and cultural good, a public
good, and not primarily as an economic good. This point was confirmed
in CESCR’s General Comment 15. Water cannot be treated as
a commodity. Any payment for water services must be based on the
principle of equity, ensuring that these services, whether privately
or publicly provided, are affordable to all, including socially
disadvantaged groups.
7. Is sanitation included in the right
to water?
Yes. CESCR’s General Comment 15 states that ‘Ensuring
that everyone has access to adequate sanitation is not only fundamental
for human dignity and privacy, but is one of the principal mechanisms
for protecting the quality of drinking water supplies and resources.
In accordance with the rights to health and adequate housing (see
General Comments No. 4 (1991) and 14 (2000)) States parties have
an obligation to progressively extend safe sanitation services,
particularly to rural and deprived urban areas, taking into account
the needs of women and children.’
8. How can the right to water make a difference
in people's lives?
The right to water has an impact only if governments and civil society
recognize and publicize it. If people are not aware of it they will
not be able to use it to assist them to access water services.
The work of individuals, communities and human rights advocates
has already brought results. However, only the adoption and enforcement
of the Framework Convention on the Right to Water will provide them
with a legal base.
9. How does a right to water change the
lives of those living in poverty?
In confirming and further clarifying the concept of right to water,
the UN is recognizing the importance of water in the improvement
of peoples' living conditions and development.
Confirmation of the right to water is not going to suddenly change
the lives of poor people. The right to water needs to be explained
and publicized, and its implications for the poor must be fully
understood by governments, civil society and any private sector
operator responsible for the delivery of water services.
Over time, the right to water will be used in the same way that
other rights, such as the right to housing, have been used, to protect
communities from discrimination.
Only a global Framework Convention on the Right to Water will provide
legal mechanisms for its efficient functioning.
10. How much water will one have the right
to?
The amount of water required for various needs is a technical, rather
than legal issue. The quantity of water that should be available
is not specified in the General Comment on the Right to Water. Instead,
it states that water must be sufficient and continuous for personal
and domestic uses, and refers to the guidelines of the World Health
Organization on water requirements.
It is difficult to obtain a consensus on the amount of water required
to meet basic needs due to variation in requirements resulting from
factors such as health, climate and work conditions.
Complimentary information can be found on the websites of the following
organizations: WaterAid, COHRE, and FAN.
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