Healthy Environment

ENVIRONMENT GENERALLY

Center for International Environmental Law
CIEL is a public interest, not-for-profitenvironmental law firm founded in 1989 to strengthen international andcomparative environmental law and policy around the world. It hasoffices in the U.S. and Switzerland.

CESR promotesa rights-based approach to environmental advocacy. Our efforts inenvironmental advocacy have fallen into two main areas: reportingenvironmental health hazards in Latin America, and promoting the rightto water as a fundamental part of the right to a healthy environment.Please click here for more on environmental health hazards. Please see below for more on CESR's work on the right to water.

CESR was the first human rights NGO to articulate what the right to water should entail. In 2002, CESR collaborated with the World Health Organization, the U.N. Office of the High Commissioner of Human Rights and other NGOs to produce a guide to the right to water. Click here to read the report

Access to Adequate Clean Water is a Human Right

Water is a basic element of all life. Over 70 percent of the humanbody is made up of water. While a human being may survive without foodfor several days, water deprivation can kill a person within a matterof hours. Water is also a requirement for the most basic activitiesvital to sustaining human life, including agriculture, cooking, andsanitation. Yet while water sustains life, it can also bring death ifcontaminated. Some of the deadliest diseases, which kill millionsaround the world each year, are carried in unclean water. Access toadequate amounts of clean water, for both consumption and sanitation,is a prerequisite for a healthy life. The Universal Declaration of Human Rights declares, ???all human beings have the right to life???; this includes the right to water.

Most water shortages and water contamination stem from human actionsor neglect. However, the problems of water supply and sanitation areoften portrayed as stemming only from natural phenomena such asdrought, climate change, or seasonal weather patterns. Recognizing ahuman right to water is an important step toward holdingdecision-makers accountable and recognizing the social and politicaldimensions of water use and management.

Several countries have already recognized some form of the right to water in their national Constitutions. Click here for a list of those countries.

Although the international community recognized the right to water,as a component of the right to life, over fifty years ago, millionsaround the world are still denied access to adequate amounts of cleanwater. In arid regions, states have regulated access to water as a wayof controlling marginalized groups. Reclaiming water as a human rightreframes the terms of debate around water scarcity. While human actionsor neglect cause most water shortages and contamination of waterresources, the problems of water supply and sanitation are oftenportrayed as stemming only from natural phenomena such as drought,climate change, or seasonal weather patterns. Recognizing a human rightto water is an important step toward holding decision-makersaccountable and recognizing the social and political dimensions ofwater use and management.

CESR Fact Sheets on the Right to Water:

• Right to Water Fact Sheet #1: Global Statistics[pdf 346 kb]

Preamble

Guided by the United Nations Charter, the UniversalDeclaration of Human Rights, the International Covenant on Economic,Social and Cultural Rights, the International Covenant on Civil andPolitical Rights, the Vienna Declaration and Program of Action of theWorld Conference of Human Rights, and other relevant internationalhuman rights instruments,

click here for the UDHR in other languages

Preamble

Whereas recognition of the inherent dignity and of theequal and inalienable rights of all members of the human family is thefoundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights haveresulted in barbarous acts which have outraged the conscience ofmankind, and the advent of a world in which human beings shall enjoyfreedom of speech and belief and freedom from fear and want has beenproclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled tohave recourse, as a last resort, to rebellion against tyranny andoppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in theCharter reaffirmed their faith in fundamental human rights, in thedignity and worth of the human person and in the equal rights of menand women and have determined to promote social progress and betterstandards of life in larger freedom,

Whereas Member States have pledged themselves to achieve,in cooperation with the United Nations, the promotion of universalrespect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a commonstandard of achievement for all peoples and all nations, to the endthat every individual and every organ of society, keeping thisDeclaration constantly in mind, shall strive by teaching and educationto promote respect for these rights and freedoms and by progressivemeasures, national and international, to secure their universal andeffective recognition and observance, both among the peoples of MemberStates themselves and among the peoples of territories under theirjurisdiction.

THE RIGHT TO WATER

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Twenty-ninth session
Geneva, 11-29 November 2002

I. INTRODUCTION

1. Water is a limited natural resource and a public good fundamentalfor life and health. The human right to water is indispensable forleading a life in human dignity. It is a prerequisite for therealization of other human rights. The Committee has been confrontedcontinually with the widespread denial of the right to water indeveloping as well as developed countries. Over one billion personslack access to a basic water supply, while several billion do not haveaccess to adequate sanitation, which is the primary cause of watercontamination and diseases linked to water.1/ The continuingcontamination, depletion and unequal distribution of water isexacerbating existing poverty. States parties have to adopt effectivemeasures to realize, without discrimination, the right to water, as setout in this general comment.

The legal bases of the right to water

2. The human right to water entitles everyone to sufficient, safe,acceptable, physically accessible and affordable water for personal anddomestic uses. An adequate amount of safe water is necessary to preventdeath from dehydration, to reduce the risk of water-related disease andto provide for consumption, cooking, personal and domestic hygienicrequirements.

3. Article 11, paragraph 1, of the Covenant specifies a number ofrights emanating from, and indispensable for, the realization of theright to an adequate standard of living ???including adequate food,clothing and housing???. The use of the word ???including??? indicates thatthis catalogue of rights was not intended to be exhaustive. The rightto water clearly falls within the category of guarantees essential forsecuring an adequate standard of living, particularly since it is oneof the most fundamental conditions for survival. Moreover, theCommittee has previously recognized that water is a human rightcontained in article 11, paragraph 1, (see General Comment No. 6(1995)) 2/. The right to water is also inextricably related to theright to the highest attainable standard of health (art. 12, para. 1)3/ and the rights to adequate housing and adequate food (art. 11, para.1) 4/. The right should also be seen in conjunction with other rightsenshrined in the International Bill of Human Rights, foremost amongstthem the right to life and human dignity.

4. The right to water has been recognized in a wide range ofinternational documents, including treaties, declarations and otherstandards 5/. For instance, Article 14, paragraph 2, of the Conventionon the Elimination of All Forms of Discrimination Against Womenstipulates that States parties shall ensure to women the right to???enjoy adequate living conditions, particularly in relation to [???]water supply???. Article 24, paragraph 2, of the Convention on the Rightsof the Child requires States parties to combat disease and malnutrition???through the provision of adequate nutritious foods and cleandrinking-water???.

5. The right to water has been consistently addressed by theCommittee during its consideration of States parties??? reports, inaccordance with its revised general guidelines regarding the form andcontent of reports to be submitted by States parties under articles 16and 17 of the International Covenant on Economic, Social and CulturalRights, and its general comments.

6. Water is required for a range of different purposes, besidespersonal and domestic uses, to realize many of the Covenant rights. Forinstance, water is necessary to produce food (right to adequate food)and ensure environmental hygiene (right to health). Water is essentialfor securing livelihoods (right to gain a living by work) and enjoyingcertain cultural practices (right to take part in cultural life).Nevertheless, priority in the allocation of water must be given to theright to water for personal and domestic uses. Priority should also begiven to the water resources required to prevent starvation anddisease, as well as water required to meet the core obligations of eachof the Covenant rights. 6/

Water and Covenant rights

7. The Committee notes the importance of ensuring sustainable accessto water resources for agriculture to realize the right to adequatefood (see General Comment No.12 (1999)) 7/. Attention should be givento ensuring that disadvantaged and marginalized farmers, includingwomen farmers, have equitable access to water and water managementsystems, including sustainable rain harvesting and irrigationtechnology. Taking note of the duty in article 1, paragraph 2, of theCovenant, which provides that a people may not ???be deprived of itsmeans of subsistence???, States parties should ensure that there isadequate access to water for subsistence farming and for securing thelivelihoods of indigenous peoples 8/.

8. Environmental hygiene, as an aspect of the right to health underarticle 12, paragraph 2 (b), of the Covenant, encompasses taking stepson a non-discriminatory basis to prevent threats to health from unsafeand toxic water conditions 9/. For example, States parties shouldensure that natural water resources are protected from contamination byharmful substances and pathogenic microbes. Likewise, States partiesshould monitor and combat situations where aquatic eco-systems serve asa habitat for vectors of diseases wherever they pose a risk to humanliving environments 10/.

9. With a view to assisting States parties' implementation of theCovenant and the fulfilment of their reporting obligations, thisGeneral Comment focuses in Part II on the normative content of theright to water in articles 11, paragraph 1, and 12, on States parties'obligations (Part III), on violations (PartIV) and on implementation at the national level (Part V), while theobligations of actors other than States parties are addressed in Part VI.

II. NORMATIVE CONTENT OF THE RIGHT TO WATER

10. The right to water contains both freedoms and entitlements. Thefreedoms include the right to maintain access to existing watersupplies necessary for the right to water, and the right to be freefrom interference, such as the right to be free from arbitrarydisconnections or contamination of water supplies. By contrast, theentitlements include the right to a system of water supply andmanagement that provides equality of opportunity for people to enjoythe right to water.

11. The elements of the right to water must be adequate for humandignity, life and health, in accordance with articles 11, paragraph 1,and 12. The adequacy of water should not be interpreted narrowly, bymere reference to volumetric quantities and technologies. Water shouldbe treated as a social and cultural good, and not primarily as aneconomic good. The manner of the realization of the right to water mustalso be sustainable, ensuring that the right can be realized forpresent and future generations 11/.

12. While the adequacy of water required for the right to water mayvary according to different conditions, the following factors apply inall circumstances:

(a) Availability. The water supply foreach person must be sufficient and continuous for personal and domesticuses 12/. These uses ordinarily include drinking, personal sanitation,washing of clothes, food preparation, personal and household hygiene13/. The quantity of water available for each person should correspondto World Health Organization (WHO) guidelines 14/. Some individuals andgroups may also require additional water due to health, climate, andwork conditions;

(b) Quality. The water required for each personalor domestic use must be safe, therefore free from micro-organisms,chemical substances and radiological hazards that constitute a threatto a person???s health 15/. Furthermore, water should be of an acceptablecolour, odour and taste for each personal or domestic use.

?? Accessibility. Water and water facilities andservices have to be accessible to everyone without discrimination,within the jurisdiction of the State party. Accessibility has fouroverlapping dimensions:

(i) Physical accessibility: water, andadequate water facilities and services, must be within safe physicalreach for all sections of the population. Sufficient, safe andacceptable water must be accessible within, or in the immediatevicinity, of each household, educational institution and workplace 16/.All water facilities and services must be of sufficient quality,culturally appropriate and sensitive to gender, life-cycle and privacyrequirements. Physical security should not be threatened during accessto water facilities and services;

(ii) Economic accessibility: Water, and water facilitiesand services, must be affordable for all. The direct and indirect costsand charges associated with securing water must be affordable, and mustnot compromise or threaten the realization of other Covenant rights;

(iii) Non-discrimination: Water and water facilities andservices must be accessible to all, including the most vulnerable ormarginalized sections of the population, in law and in fact, withoutdiscrimination on any of the prohibited grounds; and

(iv) Information accessibility: accessibility includes the right to seek, receive and impart information concerning water issues 17/.

Special topics of broad application

Non-discrimination and equality

13. The obligation of States parties to guarantee that the right towater is enjoyed without discrimination (art. 2, para. 2), and equallybetween men and women (art. 3), pervades all of the Covenantobligations. The Covenant thus proscribes any discrimination on thegrounds of race, colour, sex, age, language, religion, political orother opinion, national or social origin, property, birth, physical ormental disability, health status (including HIV/AIDS),sexual orientation and civil, political, social or other status, whichhas the intention or effect of nullifying or impairing the equalenjoyment or exercise of the right to water. The Committee recallsparagraph 12 of General Comment No. 3 (1990), which states that even intimes of severe resource constraints, the vulnerable members of societymust be protected by the adoption of relatively low-cost targetedprogrammes.

14. States parties should take steps to remove de factodiscrimination on prohibited grounds, where individuals and groups aredeprived of the means or entitlements necessary for achieving the rightto water. States parties should ensure that the allocation of waterresources, and investments in water, facilitate access to water for allmembers of society. Inappropriate resource allocation can lead todiscrimination that may not be overt. For example, investments shouldnot disproportionately favour expensive water supply services andfacilities that are often accessible only to a small, privilegedfraction of the population, rather than investing in services andfacilities that benefit a far larger part of the population.

15. With respect to the right to water, States parties have aspecial obligation to provide those who do not have sufficient meanswith the necessary water and water facilities and to prevent anydiscrimination on internationally prohibited grounds in the provisionof water and water services.

16. Whereas the right to water applies to everyone, States partiesshould give special attention to those individuals and groups who havetraditionally faced difficulties in exercising this right, includingwomen, children, minority groups, indigenous peoples, refugees, asylumseekers, internally displaced persons, migrant workers, prisoners anddetainees. In particular, States parties should take steps to ensurethat:

(a) Women are not excluded from decision-makingprocesses concerning water resources and entitlements. Thedisproportionate burden women bear in the collection of water should bealleviated;

(b) Children are not prevented from enjoying their human rights dueto the lack of adequate water in educational institutions andhouseholds or through the burden of collecting water. Provision ofadequate water to educational institutions currently without adequatedrinking water should be addressed as a matter of urgency;

?? Rural and deprived urban areas have access to properly maintainedwater facilities. Access to traditional water sources in rural areasshould be protected from unlawful encroachment and pollution. Deprivedurban areas, including informal human settlements, and homelesspersons, should have access to properly maintained water facilities. Nohousehold should be denied the right to water on the grounds of theirhousing or land status;

(d) Indigenous peoples??? access to water resources on their ancestrallands is protected from encroachment and unlawful pollution. Statesshould provide resources for indigenous peoples to design, deliver andcontrol their access to water;

(e) Nomadic and traveller communities have access to adequate water at traditional and designated halting sites;

(f) Refugees, asylum-seekers, internally displaced persons andreturnees have access to adequate water whether they stay in camps orin urban and rural areas. Refugees and asylum-seekers should be grantedthe right to water on the same conditions as granted to nationals;

(g) Prisoners and detainees are provided with sufficient and safewater for their daily individual requirements, taking note of therequirements of international humanitarian law and the United NationsStandard Minimum Rules for the Treatment of Prisoners 18/;

(h) Groups facing difficulties with physical access to water, suchas older persons, persons with disabilities, victims of naturaldisasters, persons living in disaster-prone areas, and those living inarid and semi-arid areas, or on small islands are provided with safeand sufficient water.

III. STATES PARTIES??? OBLIGATIONS

General legal obligations

17. While the Covenant provides for progressive realization andacknowledges the constraints due to the limits of available resources,it also imposes on States parties various obligations which are ofimmediate effect. States parties have immediate obligations in relationto the right to water, such as the guarantee that the right will beexercised without discrimination of any kind (art. 2, para. 2) and theobligation to take steps (art. 2, para.1) towards the full realizationof articles 11, paragraph 1, and 12. Such steps must be deliberate,concrete and targeted towards the full realization of the right towater.

18. States parties have a constant and continuing duty under theCovenant to move as expeditiously and effectively as possible towardsthe full realization of the right to water. Realization of the rightshould be feasible and practicable, since all States parties exercisecontrol over a broad range of resources, including water, technology,financial resources and international assistance, as with all otherrights in the Covenant.

19. There is a strong presumption that retrogressive measures takenin relation to the right to water are prohibited under the Covenant19/. If any deliberately retrogressive measures are taken, the Stateparty has the burden of proving that they have been introduced afterthe most careful consideration of all alternatives and that they areduly justified by reference to the totality of the rights provided forin the Covenant in the context of the full use of the State party'smaximum available resources.

Specific legal obligations

20. The right to water, like any human right, imposes three types ofobligations on States parties: obligations to respect, obligations toprotect and obligations to fulfil.

(a) Obligations to respect

21. The obligation to respect requires that States parties refrainfrom interfering directly or indirectly with the enjoyment of the rightto water. The obligation includes, inter alia, refraining from engagingin any practice or activity that denies or limits equal access toadequate water; arbitrarily interfering with customary or traditionalarrangements for water allocation; unlawfully diminishing or pollutingwater, for example through waste from State-owned facilities or throughuse and testing of weapons; and limiting access to, or destroying,water services and infrastructure as a punitive measure, for example,during armed conflicts in violation of international humanitarian law.

22. The Committee notes that during armed conflicts, emergencysituations and natural disasters, the right to water embraces thoseobligations by which States parties are bound under internationalhumanitarian law 20/. This includes protection of objects indispensablefor survival of the civilian population, including drinking waterinstallations and supplies and irrigation works, protection of thenatural environment against widespread, long-term and severe damage andensuring that civilians, internees and prisoners have access toadequate water 21/.

(b) Obligations to protect

23. The obligation to protect requires State parties to preventthird parties from interfering in any way with the enjoyment of theright to water. Third parties include individuals, groups, corporationsand other entities as well as agents acting under their authority. Theobligation includes, inter alia, adopting the necessary and effectivelegislative and other measures to restrain, for example, third partiesfrom denying equal access to adequate water; and polluting andinequitably extracting from water resources, including natural sources,wells and other water distribution systems.

24. Where water services (such as piped water networks, watertankers, access to rivers and wells) are operated or controlled bythird parties, States parties must prevent them from compromisingequal, affordable, and physical access to sufficient, safe andacceptable water. To prevent such abuses an effective regulatory systemmust be established, in conformity with the Covenant and this GeneralComment, which includes independent monitoring, genuine publicparticipation and imposition of penalties for non-compliance.

?? Obligations to fulfil

25. The obligation to fulfil can be disaggregated into theobligations to facilitate, promote and provide. The obligation tofacilitate requires the State to take positive measures to assistindividuals and communities to enjoy the right. The obligation topromote obliges the State party to take steps to ensure that there isappropriate education concerning the hygienic use of water, protectionof water sources and methods to minimize water wastage. States partiesare also obliged to fulfil (provide) the right when individuals or agroup are unable, for reasons beyond their control, to realize thatright themselves by the means at their disposal.

26. The obligation to fulfil requires States parties to adopt thenecessary measures directed towards the full realization of the rightto water. The obligation includes, inter alia, according sufficientrecognition of this right within the national political and legalsystems, preferably by way of legislative implementation; adopting anational water strategy and plan of action to realize this right;ensuring that water is affordable for everyone; and facilitatingimproved and sustainable access to water, particularly in rural anddeprived urban areas.

27. To ensure that water is affordable, States parties must adoptthe necessary measures that may include, inter alia: (a) use of a rangeof appropriate low-cost techniques and technologies; (b) appropriatepricing policies such as free or low-cost water; and ?? incomesupplements. Any payment for water services has to be based on theprinciple of equity, ensuring that these services, whether privately orpublicly provided, are affordable for all, including sociallydisadvantaged groups. Equity demands that poorer households should notbe disproportionately burdened with water expenses as compared toricher households.

28. States parties should adopt comprehensive and integratedstrategies and programmes to ensure that there is sufficient and safewater for present and future generations 22/. Such strategies andprogrammes may include: (a) reducing depletion of water resourcesthrough unsustainable extraction, diversion and damming; (b) reducingand eliminating contamination of watersheds and water-relatedeco-systems by substances such as radiation, harmful chemicals andhuman excreta; ?? monitoring water reserves; (d) ensuring that proposeddevelopments do not interfere with access to adequate water; (e)assessing the impacts of actions that may impinge upon wateravailability and natural-ecosystems watersheds, such as climatechanges, desertification and increased soil salinity, deforestation andloss of biodiversity; 23/ (f) increasing the efficient use of water byend-users; (g) reducing water wastage in its distribution; (h) responsemechanisms for emergency situations; (i) and establishing competentinstitutions and appropriate institutional arrangements to carry outthe strategies and programmes.

29. Ensuring that everyone has access to adequate sanitation is notonly fundamental for human dignity and privacy, but is one of theprincipal mechanisms for protecting the quality of drinking watersupplies and resources 24/. In accordance with the rights to health andadequate housing (see General Comments No. 4 (1991) and 14 (2000))States parties have an obligation to progressively extend safesanitation services, particularly to rural and deprived urban areas,taking into account the needs of women and children.

International obligations

30. Article 2, paragraph 1, and articles 11, paragraph 1, and 23 ofthe Covenant require that States parties recognize the essential roleof international cooperation and assistance and take joint and separateaction to achieve the full realization of the right to water.

31. To comply with their international obligations in relation tothe right to water, States parties have to respect the enjoyment of theright in other countries. International cooperation requires Statesparties to refrain from actions that interfere, directly or indirectly,with the enjoyment of the right to water in other countries. Anyactivities undertaken within the State party???s jurisdiction should notdeprive another country of the ability to realize the right to waterfor persons in its jurisdiction 25/.

32. States parties should refrain at all times from imposingembargoes or similar measures, that prevent the supply of water, aswell as goods and services essential for securing the right to water26/. Water should never be used as an instrument of political andeconomic pressure. In this regard, the Committee recalls its position,stated in its General Comment No. 8 (1997), on the relationship betweeneconomic sanctions and respect for economic, social and cultural rights.

33. Steps should be taken by States parties to prevent their owncitizens and companies from violating the right to water of individualsand communities in other countries. Where States parties can take stepsto influence other third parties to respect the right, through legal orpolitical means, such steps should be taken in accordance with theCharter of the United Nations and applicable international law.

34. Depending on the availability of resources, States shouldfacilitate realization of the right to water in other countries, forexample through provision of water resources, financial and technicalassistance, and provide the necessary aid when required. In disasterrelief and emergency assistance, including assistance to refugees anddisplaced persons, priority should be given to Covenant rights,including the provision of adequate water. International assistanceshould be provided in a manner that is consistent with the Covenant andother human rights standards, and sustainable and culturallyappropriate. The economically developed States parties have a specialresponsibility and interest to assist the poorer developing States inthis regard.

35. States parties should ensure that the right to water is givendue attention in international agreements and, to that end, shouldconsider the development of further legal instruments. With regard tothe conclusion and implementation of other international and regionalagreements, States parties should take steps to ensure that theseinstruments do not adversely impact upon the right to water. Agreementsconcerning trade liberalization should not curtail or inhibit acountry???s capacity to ensure the full realization of the right to water.

36. States parties should ensure that their actions as members ofinternational organizations take due account of the right to water.Accordingly, States parties that are members of international financialinstitutions, notably the International Monetary Fund, the World Bank,and regional development banks, should take steps to ensure that theright to water is taken into account in their lending policies, creditagreements and other international measures.

Core obligations

37. In General Comment No. 3 (1990), the Committee confirms thatStates parties have a core obligation to ensure the satisfaction of, atthe very least, minimum essential levels of each of the rightsenunciated in the Covenant. In the Committee???s view, at least a numberof core obligations in relation to the right to water can beidentified, which are of immediate effect:

(a) To ensure access to the minimum essential amount ofwater, that is sufficient and safe for personal and domestic uses toprevent disease;

(b) To ensure the right of access to water and water facilities andservices on a non-discriminatory basis, especially for disadvantaged ormarginalized groups;

?? To ensure physical access to water facilities or services thatprovide sufficient, safe and regular water; that have a sufficientnumber of water outlets to avoid prohibitive waiting times; and thatare at a reasonable distance from the household;

(d) To ensure personal security is not threatened when having to physically access to water;

(e) To ensure equitable distribution of all available water facilities and services;

(f) To adopt and implement a national water strategy and plan ofaction addressing the whole population; the strategy and plan of actionshould be devised, and periodically reviewed, on the basis of aparticipatory and transparent process; it should include methods, suchas right to water indicators and benchmarks, by which progress can beclosely monitored; the process by which the strategy and plan of actionare devised, as well as their content, shall give particular attentionto all disadvantaged or marginalized groups;

(g) To monitor the extent of the realization, or the non-realization, of the right to water;

(h) To adopt relatively low-cost targeted water programmes to protect vulnerable and marginalized groups;

(i) To take measures to prevent, treat and control diseases linkedto water, in particular ensuring access to adequate sanitation;

38. For the avoidance of any doubt, the Committee wishes toemphasize that it is particularly incumbent on States parties, andother actors in a position to assist, to provide internationalassistance and cooperation, especially economic and technical whichenables developing countries to fulfil their core obligations indicatedin paragraph 37 above.

IV. VIOLATIONS

39.When the normative content of the right to water (see Part II) is applied to the obligations of States parties (Part III),a process is set in motion, which facilitates identification ofviolations of the right to water. The following paragraphs provideillustrations of violations of the right to water.

40. To demonstrate compliance with their general and specificobligations, States parties must establish that they have taken thenecessary and feasible steps towards the realization of the right towater. In accordance with international law, a failure to act in goodfaith to take such steps amounts to a violation of the right. It shouldbe stressed that a State party cannot justify its non-compliance withthe core obligations set out in paragraph 37 above, which arenon-derogable.

41. In determining which actions or omissions amount to a violationof the right to water, it is important to distinguish the inabilityfrom the unwillingness of a State party to comply with its obligationsin relation to the right to water. This follows from articles 11,paragraph 1, and 12, which speak of the right to an adequate standardof living and the right to health, as well as from article 2, paragraph1, of the Covenant, which obliges each State party to take thenecessary steps to the maximum of its available resources. A Statewhich is unwilling to use the maximum of its available resources forthe realization of the right to water is in violation of itsobligations under the Covenant. If resource constraints render itimpossible for a State party to comply fully with its Covenantobligations, it has the burden of justifying that every effort hasnevertheless been made to use all available resources at its disposalin order to satisfy, as a matter of priority, the obligations outlinedabove.

42. Violations of the right to water can occur through acts ofcommission, the direct actions of States parties or other entitiesinsufficiently regulated by States. Violations include, for example,the adoption of retrogressive measures incompatible with the coreobligations (outlined in para. 37 above), the formal repeal orsuspension of legislation necessary for the continued enjoyment of theright to water, or the adoption of legislation or policies which aremanifestly incompatible with pre-existing domestic or internationallegal obligations in relation to the right to water.

43. Violations through acts of omission include the failure to takeappropriate steps towards the full realization of everyone's right towater, the failure to have a national policy on water, and the failureto enforce relevant laws.

44. While it is not possible to specify a complete list ofviolations in advance, a number of typical examples relating to thelevels of obligations, emanating from the Committee???s work, may beidentified:

(a) Violations of the obligation to respect follow from the Stateparty???s interference with the right to water. This includes, interalia: (i) arbitrary or unjustified disconnection or exclusion fromwater services or facilities; (ii) discriminatory or unaffordableincreases in the price of water; and (iii) pollution and diminution ofwater resources affecting human health;

(b) Violations of the obligation to protect follow from the failureof a State to take all necessary measures to safeguard persons withintheir jurisdiction from infringements of the right to water by thirdparties 27/. This includes, inter alia: (i) failure to enact or enforcelaws to prevent the contamination and inequitable extraction of water;(ii) failure to effectively regulate and control water servicesproviders; (iv) failure to protect water distribution systems (e.g.,piped networks and wells) from interference, damage and destruction; and

?? Violations of the obligation to fulfil occur through the failureof States parties to take all necessary steps to ensure the realizationof the right to water. Examples includes, inter alia: (i) failure toadopt or implement a national water policy designed to ensure the rightto water for everyone; (ii) insufficient expenditure or misallocationof public resources which results in the non-enjoyment of the right towater by individuals or groups, particularly the vulnerable ormarginalized; (iii) failure to monitor the realization of the right towater at the national level, for example by identifying right-to-waterindicators and benchmarks; (iv) failure to take measures to reduce theinequitable distribution of water facilities and services; (v) failureto adopt mechanisms for emergency relief; (vi) failure to ensure thatthe minimum essential level of the right is enjoyed by everyone (vii)failure of a State to take into account its international legalobligations regarding the right to water when entering into agreementswith other States or with international organizations.

V. IMPLEMENTATION AT THE NATIONAL LEVEL

45. In accordance with article 2, paragraph 1, of the Covenant,States parties are required to utilize ???all appropriate means,including particularly the adoption of legislative measures??? in theimplementation of their Covenant obligations. Every State party has amargin of discretion in assessing which measures are most suitable tomeet its specific circumstances. The Covenant, however, clearly imposesa duty on each State party to take whatever steps are necessary toensure that everyone enjoys the right to water, as soon as possible.Any national measures designed to realize the right to water should notinterfere with the enjoyment of other human rights.

Legislation, strategies and policies

46. Existing legislation, strategies and policies should be reviewedto ensure that they are compatible with obligations arising from theright to water, and should be repealed, amended or changed ifinconsistent with Covenant requirements.

47. The duty to take steps clearly imposes on States parties anobligation to adopt a national strategy or plan of action to realizethe right to water. The strategy must: (a) be based upon human rightslaw and principles; (b) cover all aspects of the right to water and thecorresponding obligations of States parties; ?? define clear objectives;(d) set targets or goals to be achieved and the time frame for theirachievement; (e) formulate adequate policies and correspondingbenchmarks and indicators. The strategy should also establishinstitutional responsibility for the process; identify resourcesavailable to attain the objectives, targets and goals; allocateresources appropriately according to institutional responsibility; andestablish accountability mechanisms to ensure the implementation of thestrategy. When formulating and implementing their right to waternational strategies, States parties should avail themselves oftechnical assistance and cooperation of the United Nations specializedagencies (see Part VI below).

48. The formulation and implementation of national water strategiesand plans of action should respect, inter alia, the principles ofnon-discrimination and people's participation. The right of individualsand groups to participate in decision-making processes that may affecttheir exercise of the right to water must be an integral part of anypolicy, programme or strategy concerning water. Individuals and groupsshould be given full and equal access to information concerning water,water services and the environment, held by public authorities or thirdparties.

49. The national water strategy and plan of action should also bebased on the principles of accountability, transparency andindependence of the judiciary, since good governance is essential tothe effective implementation of all human rights, including therealization of the right to water. In order to create a favourableclimate for the realization of the right, States parties should takeappropriate steps to ensure that the private business sector and civilsociety are aware of, and consider the importance of, the right towater in pursuing their activities.

50. States parties may find it advantageous to adopt frameworklegislation to operationalize their right to water strategy. Suchlegislation should include: (a) targets or goals to be attained and thetime frame for their achievement; (b) the means by which the purposecould be achieved; ?? the intended collaboration with civil society,private sector and international organizations; (d) institutionalresponsibility for the process; (e) national mechanisms for itsmonitoring; and (f) remedies and recourse procedures.

51. Steps should be taken to ensure there is sufficient coordinationbetween the national ministries, regional and local authorities inorder to reconcile water-related policies. Where implementation of theright to water has been delegated to regional or local authorities, theState party still retains the responsibility to comply with itsCovenant obligations, and therefore should ensure that theseauthorities have at their disposal sufficient resources to maintain andextend the necessary water services and facilities. The States partiesmust further ensure that such authorities do not deny access toservices on a discriminatory basis.

52. States parties are obliged to monitor effectively therealization of the right to water. In monitoring progress towards therealization of the right to water, States parties should identify thefactors and difficulties affecting implementation of their obligations.

Indicators and benchmarks

53. To assist the monitoring process, right to water indicatorsshould be identified in the national water strategies or plans ofaction. The indicators should be designed to monitor, at the nationaland international levels, the State party's obligations under articles11, paragraph 1, and 12. Indicators should address the differentcomponents of adequate water (such as sufficiency, safety andacceptability, affordability and physical accessibility), bedisaggregated by the prohibited grounds of discrimination, and coverall persons residing in the State party???s territorial jurisdiction orunder their control. States parties may obtain guidance on appropriateindicators from the ongoing work of WHO, theFood and Agriculture Organization of the United Nations (FAO), theUnited Nations Centre for Human Settlements (Habitat), theInternational Labour Organization (ILO), the United Nations Children???sFund (UNICEF), the United Nations Environment Programme (UNEP), theUnited Nations Development Programme (UNDP) and the United NationsCommission on Human Rights.

54. Having identified appropriate right to water indicators, Statesparties are invited to set appropriate national benchmarks in relationto each indicator 28/. During the periodic reporting procedure, theCommittee will engage in a process of ???scoping??? with the State party.Scoping involves the joint consideration by the State party and theCommittee of the indicators and national benchmarks which will thenprovide the targets to be achieved during the next reporting period. Inthe following five years, the State party will use these nationalbenchmarks to help monitor its implementation of the right to water.Thereafter, in the subsequent reporting process, the State party andthe Committee will consider whether or not the benchmarks have beenachieved, and the reasons for any difficulties that may have beenencountered (see General Comment No.14 (2000), para. 58). Further, whensetting benchmarks and preparing their reports, States parties shouldutilize the extensive information and advisory services of specializedagencies with regard to data collection and disaggregation.

Remedies and accountability

55. Any persons or groups who have been denied their right to watershould have access to effective judicial or other appropriate remediesat both national and international levels (see General Comment No. 9(1998), para. 4, and Principle 10 of the Rio Declaration on Environmentand Development) 29/. The Committee notes that the right has beenconstitutionally entrenched by a number of States and has been subjectto litigation before national courts. All victims of violations of theright to water should be entitled to adequate reparation, includingrestitution, compensation, satisfaction or guarantees ofnon-repetition. National ombudsmen, human rights commissions, andsimilar institutions should be permitted to address violations of theright.

56. Before any action that interferes with an individual???s right towater is carried out by the State party, or by any other third party,the relevant authorities must ensure that such actions are performed ina manner warranted by law, compatible with the Covenant, and thatcomprises: (a) opportunity for genuine consultation with thoseaffected; (b) timely and full disclosure of information on the proposedmeasures; ?? reasonable notice of proposed actions; (d) legal recourseand remedies for those affected; and (e) legal assistance for obtaininglegal remedies (see also General Comments No. 4 (1991) and No. 7(1997)). Where such action is based on a person???s failure to pay forwater their capacity to pay must be taken into account. Under nocircumstances shall an individual be deprived of the minimum essentiallevel of water.

57. The incorporation in the domestic legal order of internationalinstruments recognizing the right to water can significantly enhancethe scope and effectiveness of remedial measures and should beencouraged in all cases. Incorporation enables courts to adjudicateviolations of the right to water, or at least the core obligations, bydirect reference to the Covenant.

58. Judges, adjudicators and members of the legal profession shouldbe encouraged by States parties to pay greater attention to violationsof the right to water in the exercise of their functions.

59. States parties should respect, protect, facilitate and promotethe work of human rights advocates and other members of civil societywith a view to assisting vulnerable or marginalized groups in therealization of their right to water.

VI. OBLIGATIONS OF ACTORS OTHER THAN STATES

60. United Nations agencies and other international organizations concerned with water, such as WHO, FAO, UNICEF, UNEP, UN-Habitat, ILO, UNDP, theInternational Fund for Agricultural Development (IFAD), as well asinternational organizations concerned with trade such as the WorldTrade Organization (WTO), should cooperate effectively with Statesparties, building on their respective expertise, in relation to theimplementation of the right to water at the national level. Theinternational financial institutions, notably the InternationalMonetary Fund and the World Bank, should take into account the right towater in their lending policies, credit agreements, structuraladjustment programmes and other development projects (see GeneralComment No. 2 (1990)), so that the enjoyment of the right to water ispromoted. When examining the reports of States parties and theirability to meet the obligations to realize the right to water, theCommittee will consider the effects of the assistance provided by allother actors. The incorporation of human rights law and principles inthe programmes and policies by international organizations will greatlyfacilitate implementation of the right to water. The role of theInternational Federation of the Red Cross and Red Crescent Societies,International Committee of the Red Cross, the Office of the UnitedNations High Commissioner for Refugees (UNHCR), WHO and UNICEF, aswell as non-governmental organizations and other associations, is ofparticular importance in relation to disaster relief and humanitarianassistance in times of emergencies. Priority in the provision of aid,distribution and management of water and water facilities should begiven to the most vulnerable or marginalized groups of the population.

THE RIGHT TO THE HIGHEST ATTAINABLE STANDARD OF HEALTH (ARTICLE 12)

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

LEGAL INSTRUMENTS

Universal Declaration on Human Rights
Article 25: Everyone has the right to a standard of living adequate forthe health and well-being of himself and of his family, including food,clothing, housing and medical care and necessary social services, andthe right to security in the event of unemployment, sickness,disability, widowhood, old age or other lack of livelihood incircumstances beyond his control.

Ethiopia (Constitution, 1995)
Article 90
To the extent the country's resources permit, policies shall aim toprovide all Ethiopian access to public health and education, cleanwater, housing, food and social security.

Human Rights Group Warns US/UK Military Forces Risk Committing War Crimes by Depriving Civilians of Safe Water