FREQUENTLY ASKED QUESTIONS Today, one third of the world's population is suffering from a lack of adequate drinking water and/or sanitation. International organizations, governments, local authorities, financial institutions, private corporations and indeed all members of society are responsible for redressing this situation and ensuring the right to water for all. This will not happen unless a relevant legal framework is established. This is the reason why Green Cross International and its partners appeal for the adoption of a Framework Convention on the Right to Water. 1. What is the right to water? 2. Is the right to water a new concept within human rights' legislature? 3. Is the right to water enforceable? 4. Is there an international legally binding document on the right to water ? 5. What is the impact of recognizing water as a human right? 6. Does the right to water mean that water should be free? 7. Is sanitation included in the right to water? 8. How can the right to water make a difference in people's lives? 9. How does a right to water change the lives of those living in poverty? 10. How much water will one have the right to?
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. Back to Top
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). Back to Top
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. Back to Top
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. Back to Top
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. Back to Top
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. Back to Top
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.' Back to Top
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. Back to Top
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. Back to Top
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. Back to Top Complementary information can be found on the websites of the following organizations: WaterAid, COHRE, and FAN. |
