The Right to Water and Sanitation

In a nutshell, the right to water entitles every person to access a sufficient amount of clean and affordable water for personal and domestic use (UN COMMITTEE&CESCR 2002, GC 15).

In a nutshell, the right to sanitation entitles every person to access to, and use of, excreta and wastewater facilities and services that ensure privacy and dignity, ensuring a clean and healthy living environment for all (COHRE et al. 2008).

The right to water and sanitation is an entitlement held by all people, and which has a legal foundation. The primary basis for the right to water and sanitation is Art. 11 para. 1 (right to an adequate standard of living) and Art. 12 para. 1 (right to the highest attainable standard of health) of the International Covenant on Economic, Social and Cultural Rights (ICESCR, or UN-Pact I). The right should also be seen in conjunction with other rights enshrined in the International Bill of Human Rights, foremost among them the right to life and human dignity. Even though the right to water is not mentioned explicitly in the ICESCR, it has been declared to be implicitly contained in the ICESCR by General Comment No. 15 (GC 15) by the interpreting body of the ICESCR, the Committee on economic, social and cultural rights. Although GC 15 is not itself legally binding, it is an authoritative interpretation of the provisions of the ICESCR, which is legally binding on States that have ratified it. The right has also been recognised by a wide range of important international legal documents, such as Art. 14, para. 2 (h) of the Convention on the Elimination of all forms of discriminations against women (CEDAW) or Art. 24, para. 2 (c) of the Convention on the rights of the Child (UN COMMITTEE&CESCR 2002, GC 15, p. 2-6) (see also water sanitation and gender).

Accessibility to water and sanitation means that access to water and sanitation has to be within safe physical reach for all sections of the population and within the immediate vicinity of each household, education institution and workplace. Physical security should not be threatened during access to water and sanitation facilities. The water has to be affordable for all, which means that if a prize is charged it must be affordable in relation to the income of every individual. Access to water and sanitation must be provided in a non-discriminatory manner to all sections of the population.

A sufficient amount of water means that it must be sufficient and continuous (regular) for personal and domestic uses, which normally includes: drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. The amount should correspond to the guidelines of the World Health Organisation. Some individuals and groups may require additional water due to health, climate or work conditions.

The quality of the water has to be as such that it is free from microorganisms, chemical substances and radiological hazards that constitute a threat to a person’s health (see also health and hygiene issues). It should also be of an acceptable colour, odour and taste for each personal or domestic use (UN COMMITTEE&CESCR 2002, GC 15, p. 10-12).

Access to adequate sanitation plays a fundamental role in assuring human dignity and protecting the quality of drinking water. States parties have an obligation to progressively extend safe sanitation services (UN COMMITTEE&CESCR 2002, GC 15, p. 29; ALBUQUERQUE 2009).

States parties to the Covenant have three general obligations with regard to the right to water:

1. Obligation to respect, which requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to water and sanitation (e. g. denying access to water for certain groups, arbitrarily destroying water services or polluting water resources).
2. Obligation to protect, which requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water and sanitation (e. g. prevent abuses by third parties through putting in place effective regulatory systems, take measures to prevent third parties from polluting or inequitably extracting from water resources).
3. Obligation to fulfil, which requires State parties to facilitate (take positive measures to assist), promote (take steps to ensure that there is appropriate education concerning use of water etc.) and provide (deliver water to individuals or groups when they are unable to realise that right themselves by the means at their disposal) the right to water and sanitation. It requires States parties to adopt the necessary measures directed towards the full realisation of the right to water and sanitation (e. g. full recognition of the right within the national order, adopt and implement a national water strategy etc.).

Even though GC 15 recognises that some States might not be able to realise the right to water and sanitation immediately, they have a constant and continuing duty to work as expeditiously and effectively as possible towards the full realisation of the right to water. States parties should also adopt comprehensive and integrated strategies and programmes to ensure the sustainability of its water resources so that there is sufficient and safe water for present and future generations.

The ICESCR recognises as an international obligation that State parties cooperate and assist each other to achieve the full realisation of the right to water and sanitation. Water should never be used as an instrument of political and economic pressure (UN COMMITTEE&CESCR 2002, GC 15, p. 17-36).

When implemented, the right to water and sanitation can make the following contributions:

• Improved accountability: It establishes access to water and sanitation as a legal entitlement, which provides a basis for individuals and groups to hold governments and other actors accountable. It also provides a base for actors within government to hold each other accountable to the objective of realising the right.
• Focus on vulnerable and marginalised groups: Focuses on the need to prioritise access to basic water and sanitation services to all, including those who are normally excluded.
• Increased participation in decision-making: Provides for genuine participation of communities in decision-making on water and sanitation and obliges states to install effective remedies for citizens to call for their rights.
• Individual and community empowerment: Strengthens individual and community struggles for access to basic services (COHRE et al. 2007).

The right to water and sanitation alone is not going to solve the water and sanitation crisis. It does not replace other development strategies but needs to be used in conjunction with them. The strength of the right to water and sanitation is that it provides a clear set of principles and goals to guide policy development, which then needs to be translated into specific frameworks for implementation adapted to the needs and conditions in each country. National recognition of the right to water and sanitation, as well as the establishment of comprehensive national legislation and recognition of its justiciability in front of national courts are crucial steps for an effective implementation of the right (see also invalid link and building an invalid link)

Key actors in the national context are: The government as policy maker, regulator and allocator of resources, the government as service provider (or private service providers), independent public monitoring bodies, individuals and communities, civil society organisations, industrial and agricultural water users, international organisations.

In situations of competing water demands (e. g. private water users, industry, agriculture), governments have to prioritise the delivery of basic water services and sanitation (COHRE et al. 2007; ZIEGLER 2001) (see also command and control tools).