Human Rights to water
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Contents
Introduction. 2
Governing Mechanisms for the Human right to water. 6
International Covenants. 6
Regional Arrangements. 8
National legislation and case law.. 11
Right to Water and Customary International regulation. 13
Nation states’ obligations. 14
Conclusion. 15
Bibliography. 17
PRIMARY SOURCES. 17
SECONDARY SOURCES. 18
Books. 18
Contributed Books. 18
Journal Articles. 18
International Meetings/Reports. 20
Treaties And Instruments. 21
United Nations Resolutions. 24
Introduction
In the developing world, more than one billion individuals are deprived of safe drinking water.[1] It has been indicated by research that almost three billion does not have an appropriate sanitation system, that is essential for the reduction of water linked diseases.[2] It has been studied that by 2012, more than 700 million people did not have safe water for drinking and cleanliness.[3] In developed countries like USA, many people lacked the availability of household right to use to clean water and health.[4]
Over the years, the human right to water (RTW) remains subjected to extensive controversy. The underlying reason is the multiple endeavors to ensure if the water is a natural reserve and be considered a public product or reasonably an article of trade. Apart from efforts by individual states and various international conventions, the human right to water is not obviously accepted.[5]
This paper aims to outline several efforts to establish RTW in international law, regional organizations, and nation-state endeavors. It will consider if the RTW can be recognized as international law and put forth the obligation it will put on states subsequently. The RTW has been implicitly recognized by international conventions, regional mechanism, and the state initiatives.[6] Nonetheless, the absence of specific acknowledgment to the water right hinders in its establishment as the customary universal law. This is owing to the absence of acceptance and application of RTW internationally as well as by nation states. In light of the discussion of this paper, it will be established that despite the implied and categorical acknowledgment of the Right to Water by the international covenants and state initiatives, it can yet not be measured as customary universal law.
Human Right to Water
The primary grounds for analyzing the status of the right to water were initiated in 1993 by Professor McCarffery.[7] According to him, the right to water should be considered in according to of its scarcity and unequal distribution.[8] This outlook was further developed in 1999 by Gleick.[9] According to article 25 of the Universal Declaration of Human Rights, it has been conditioned that all the individuals have the right to normal light appropriate for healthiness and wellness for himself and his family.[10] According to McCaffery there has been no notice if the right to water has been renowned and what it outlines. This right is considered as the derivative of right to health in addition to the right to life as well.[11] It is essential to define the right so that all the relevant shortages can be understood.[12]
Moreover, there has been no provision with regards to the right to Water by the United Nations Covenants on Human Rights and the Universal declaration of human rights 1948. It has been asserted that in effort to resolves the controversy, the right to water necessities to be explicitly recognized by the main conventions of the Human right law.[13]The most probable article for the inference of right to water is the UDHR. Although, most of the provision of the deceleration has a legal binding status on the countries the legal status of article 25 is yet undecided.[14] Accordingly, if it is assumed that article 25 is binding, there is a need to determine that the RTW is implied in the discussed right.[15]
Conclusively, the right to water cannot be asserted. As per article 6 of the international covenant on civil and political rights, there is an inherited human right to life. It needs to be protected by law from its random deprivation to any individual.[16] Although, the article can be the founding ground of right to water, yet there is the need for determination of its scope and interpretations.[17] It has been asserted that the protection of this right is a pre-requirement to assure enjoyment of other rights.[18] The existence of RTW is not recognized by article 6.
Moreover, it also considered that the basis of RTW is provided by article 11(1) of International Covenant on Economic, Social and Cultural Rights. It positions that the nation states of this agreement recognized the right to appropriate standard of life including proper food, housing, and clothing.[19] Nonetheless, it is not certain that the RTW is recognized under the right to adequate life, although it is one of the primary needs of man.[20] Also, article 2 of the Covenant makes it a requirement of the countries to maximize available resources to enhance the provision of the rights provided by the Covenant.[21] This reflects that the states are not required to immediately implement the right as it is of progressive nature.[22] Nonetheless, the interpretation of the provisions of the covenant has drastically changed after the incorporation of General Comment No.15.[23] it is understood that the RTW is a derivative of article 11, that is important to ensure the appropriate living standard as it is the primary need for survival.[24]
It is important to understand that the General Comment No 15 is objected for its repeated nature.[25] it is stated that the objective to consider water as an inherent is not well asserted to be properly inferred by it.[26] Moreover, the objection to the scarcity of the resources is significantly dependent on its allocation. An appropriate interpretation of article 11(1) asserts an indirect right to the access of water that is important for other rights.[27] It suggests that water is a universal right rather than an individual right.[28]
The assertion by Gleick is justified that the international law and covenants and state initiatives require the explicit acknowledgment of the human right to Water.[29] Though the recognition of this right will require the states to outline particular obligation and in so doing will demand more obligation.[30] It has been asserted that the human right to water requires more justification of the right itself. The right is the basis of the various public and commercial rights that countries are obligated to provide.[31]
Governing Mechanisms for the Human right to water
International Covenants
The 1979, Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) article 24(2c) asserts that it is the responsibility of the government to make sure that women has appropriate level of living specifically in relation to water as well as sanitation.[32] It is essential to understand that the right is for the women of rural areas.[33] In light of its confined application, it highlights a significant progress in the progression of human right of water.[34] Moreover, it has been stipulated by article 24 of the Convention of Rights of Child that it is obligation of the nation states to take initiatives to overcome diseases and malnourishment by giving right to use to clean water and appropriate food.[35] Also, the primary needs of human are addressed in the United Nations Convention on the LAW of the Non-Navigational Uses of International Watercourses. Article 10 states that in case of dispute on utilization of water in a global watercourse, the basic of human needs should be especially addressed.[36] In addition, it has been stipulated in the statement of understanding, that is a subsidiary to the United Nations Convention on the Law of Non-navigation Uses of Water course, that to determine an abuse with regards to utilization of water, exceptional thoughtfulness is to be allocated to provide appropriate water for sustaining social lives, inclusive of drinking water and water to produce food to avert famine.[37] ……………………………….
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