Main instruments relevant to the human right to water

Main instruments relevant to the human right to water

International instruments:
- Explicit provisions
- Implicit provisions
National constitutions

...
2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:
...
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Convention on the Rights of the Child (CRC), 1989

Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:
...
(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;
...

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1), 1977

Article 54 Protection of objects indispensable to the survival of the civilian population

1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 1977

Article 5 Protection of objects indispensable to the survival of the civilian population

Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works. ...

African Charter on the Rights and Welfare of the Child, 1990 (Not yet in force)

Article 14

1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.
2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:
…
(c) to ensure the provision of adequate nutrition and safe drinking water...

Stockholm Declaration (UN Conference on the Human Environment), 1972

Principle 1

Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment...

Principle 2

The natural resources of the earth including the air, water, land, flora and fauna and especially representative samples of natural ecosystems must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate.

Draft Principles on Human Rights and the Environment (UN Sub-Commission on Prevention of Discrimination and Protection of Minorities), 1994

2. All persons have the right to a secure, healthy and ecologically sound environment. This right and other human rights, including civil, cultural, economic, political and social rights, are universal, interdependent and indivisible.
4. All persons have the right to an environment adequate to meet equitably the needs of present generations and that does not impair the rights of future generations to meet equitably their needs.
6. All persons have the right to protection and preservation of the air, soil, water, sea-ice, flora and fauna, and the essential processes and areas necessary to maintain biological diversity and ecosystems.
7. All persons have the right to the highest attainable standard of health free from environmental harm.
10. All persons have the right to adequate housing, land tenure and living conditions in a secure, healthy and ecologically sound environment.

Dublin Statement (International Conference on Water and the Environment), 1992

Principle 4

Water has an economic value in all its competing uses and should be recognised as an economic good. Within this principle, it is vital to recognize first the basic right of all human beings to have access to clean water and sanitation at an affordable price. Past failure to recognize the economic value of water has led to wasteful and environmentally damaging uses of the resource. Managing water as an economic good is an important way of achieving efficient and equitable use, end of encouraging conservation and protection of water resources.

Declaration of Amsterdam (Second International Water Tribunal), 1992

Article 1

All members of present and future generations have the fundamental right to a sustainable livelihood including the availability of water in sufficient quantity and quality.

Article 2

(1) Each individual human being, collectivity and entity which has an interest in a water resource has the fundamental right to have that interest duly taken into account, and accounted for, when decisions are taken with respect to activities that may in any way affect that interest.
(2) Each individual human being, collectivity and entity which has an interest in a water resource has the right to effective participation in decision making processes concerning activities that may in any way affect that water resource.

Article 3

(1) Each individual human being, collectivity and entity that intends to undertake an activity which may in any way involve a water resource has the duty to ensure that such an activity does not affect the fundamental rights protected by this Declaration.
(2) Each individual human being, collectivity and entity that intends to undertake an activity which may in any way involve a water resource shall adopt a precautionary approach.

Implicit provisions

International Covenant on Civil and Political Rights (ICCPR), 1966

Article 6

1. Every human being has the inherent right to life. ...

International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

Article 2

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions. ...

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Universal Declaration of Human Rights 10 December, 1948

(GA Res.217 A (III))

Article 17

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 25

1.Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Universal Declaration on the Eradication of Hunger and Malnutrition, 1974

World Food Conference, 16 November 1974, endorsed by GA Res. 3348 (XXIX)
1. Every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties. Society today already possesses sufficient resources, organizational ability and technology and hence the competence to achieve this objective. Accordingly, the eradication of hunger is a common objective of all the countries of the international community, especially of the developed countries and others in a position to help.
...
5. Marine and inland water resources are today becoming more important than ever as a source of food and economic prosperity. Accordingly, action should be taken to promote a rational exploitation of these resources, preferably for direct consumption, in order to contribute to meeting the food requirements of all peoples.

Declaration on the Right to Development

Adopted by GA Res. 41/128, 4 December 1986

Article 8

1. States should undertake, at the national level, all necessary measures for the realisation of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income....

African Charter on Human and People's Rights, 1981

Article 24

All peoples shall have the right to a general satisfactory environment favourable to their development.

Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, 1988

Article 11

1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The State Parties shall promote the protection, preservation and improvement of the environment.

National constitutions

Cambodia - Constitution, 1993

Article 59

The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind geology, ecological system, mines, energy, petrol, and gas, rocks and sand, gems, forests and forest products, wildlife, fish and aquatic resources.

Eritrea - Constitution, 1996

Article 10

The State shall work to bring about a balanced and sustainable development throughout the country, and shall use all available means to ensure all citizens to improve their livelihood in a sustainable manner, through their development.
The State shall have the responsibility to regulate all land, water and natural resources and to ensure their management in a balanced and sustainable manner and in the interest of the present and future generations; and to create the right conditions for securing the participation of the people to safeguard the environment.

Ethiopia - Constitution, 1995

Article 90

To the extent the country's resources permit, policies shall aim to provide all Ethiopian access to public health and education, clean water, housing, food and social security.

Gambia - Constitution, 1996

Article 216

(4) The State shall endeavour to facilitate equal access to clean and safe water.

Guatemala - Constitution, 1985

Article 127

Régimen de aguas. Todas las aguas son bienes de dominio público, inalienables e imprescriptibles. Su aprovechamiento, uso y goce, se otorgan en la forma establecida por la ley, de acuerdo con el interés social. Una ley específica regulará esta materia.

Article 128

Aprovechamiento de aguas, lagos y ríos. El aprovechamiento de las aguas de los lagos y de los ríos, para fines agrícolas, agropecuarios, turísticos o de cualquier otra naturaleza, que contribuya al desarrollo de la economía nación al, está a los servicios de la comunidad y no de persona particular alguna, pero los usuarios están obligados a reforestar las riberas y los cauces correspondientes, así como a facilitar las vías de acceso.

Laos - Constitution, 1991

Article 17.

All organisations and citizens must protect the environment and natural resources: land, underground, forests, fauna, water sources and atmosphere.

Mexico - Constitution, amended in 1999

Article 27

Ownership of the lands and waters within the boundaries of the national territory is vested originally in the Nation, which has had, and has, the right to transmit title thereof to private persons, thereby constituting private property...
Centres of population which at present either have no lands or water or which do not possess them in sufficient quantities for the needs of their inhabitants, shall be entitled to grants thereof, which shall be taken from adjacent properties, the rights of small landed holdings in operation being respected at all times.

Panama - Constitution, amended in 1994

Article 114

Es deber fundamental del Estado garantizar que la población viva en un ambiente sano y libre de contaminación, en donde el aire, el agua y los alimentos satisfagan los requerimientos del desarrollo adecuado de la vida humana.

Article 256

Las concesiones para la explotación del suelo, del subsuelo, de los bosques y para la utilización de agua, de medios de comunicación o transporte y de otras empresas de servicio público, se inspirarán en el bienestar social y el interés público.

South Africa - Constitution, 1996

Section 27

(1) Everyone has the right to have access to -
(a) health care services, including reproductive health care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support themselves and their dependents, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights…"

Switzerland - Constitution, 1991

Article 24bis

(1) To ensure the economical use and the protection of water and the prevention of damage by water, the Confederation, having regard to the total water economy, shall by legislation establish principles in the general interest concerning:
a) the conservation and exploitation of water, especially for the supply of drinking water and the enrichment of underground water:
b) the use of water for energy production and for cooling purposes;
c) the regulation of water levels and of the flow of surface and underground water, the diversion of water outside its natural course, irrigation and drainage and other intervention in the water cycle.

Uganda - Constitution, 1995

Preamble

The State shall protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.

Article 14

The State shall endeavour to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure that…
all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, decent shelter, adequate clothing, food, security and pension and retirements benefits.

Zambia - Constitution, as amended in 1996

Article 112

The State shall endeavour to provide clean and safe water.