Formally acknowledging water as a human right could encourage the international community and governments to enhance their efforts to satisfy basic human needs and to meet the Millennium Development Goals. But critical questions arise in relation to a right to water. What would be the benefits and content of such a right? What mechanisms would be required for its effective implementation? Should the duty be placed on governments alone, or should the responsibility also be borne by private actors? Is another 'academic debate' on this subject warranted when action is really what is necessary? Without claiming to prescribe the answers, this publication clearly and carefully sets out the competing arguments and the challenges.
In The Human Right to Water in Latin America, Anna Berti Suman investigates the development of the right to water and of water law in the Latin American context. By examining the significance of Latin American constitutional evolution, doctrine, and jurisprudence, the author illustrates the Latin American contribution in stimulating the social, political, and economic debate on the right to water, regionally and worldwide. Through an overview on the right to water in Latin American constitutions and of the main Latin American water management systems, Suman argues that an analysis of the right to water has to take account of its application in specific contexts. The intrinsic connection between the right to water and the role of the private sector is examined through topical insights into the highly privatized Chilean water services. In the conclusion, the relevance of the lessons learnt from the Latin American experience for the global debate on the right to water is convincingly proved.
The right to clean water has been adopted by the United Nations as a basic human right. Yet how such universal calls for a right to water are understood, negotiated, experienced and struggled over remain key challenges. The Right to Water elucidates how universal calls for rights articulate with local historical geographical contexts, governance, politics and social struggles, thereby highlighting the challenges and the possibilities that exist. Bringing together a unique range of academics, policy-makers and activists, the book analyzes how struggles for the right to water have attempted to translate moral arguments over access to safe water into workable claims. This book is an intervention at a crucial moment into the shape and future direction of struggles for the right to water in a range of political, geographic and socio-economics contexts, seeking to be pro-active in defining what this struggle could mean and how it might be taken forward in a far broader transformative politics. The Right to Water engages with a range of approaches that focus on philosophical, legal and governance perspectives before seeking to apply these more abstract arguments to an array of concrete struggles and case studies. In so doing, the book builds on empirical examples from Africa, Asia, Oceania, Latin America, the Middle East, North America and the European Union.
Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.
This analysis of the human rights to safe drinking water and sanitation (HRtWS) uncovers why some groups around the world are still excluded from these rights. Léo Heller, former United Nations Special Rapporteur on the human rights to water and sanitation, draws on his own research in nine countries and reviews the theoretical, legal, and political issues involved. The first part presents the origins of the HRtWS, their legal and normative meanings and the debates surrounding them. Part II discusses the drivers, mainly external to the water and sanitation sector, that shape public policies and explain why individuals and groups are included in or excluded from access to services. In Part III, public policies guided by the realization of HRtWS are addressed. Part IV highlights populations and spheres of living that have been particularly neglected in efforts to promote access to services.
The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations. The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.
The Manual highlights the human rights principles and criteria in relation to drinking water and sanitation. It explains the international legal obligations in terms of operational policies and practice that will support the progressive realisation of universal access. The Manual introduces a human rights perspective that will add value to informed decision making in the daily routine of operators, managers and regulators. It also encourages its readership to engage actively in national dialogues where the human rights to safe drinking water and sanitation are translated into national and local policies, laws and regulations. Creating such an enabling environment is, in fact, only the first step in the process towards progressive realisation. Allocation of roles and responsibilities is the next step, in an updated institutional and operational set up that helps apply a human rights lens to the process of reviewing and revising the essential functions of operators, service providers and regulators.
The Human Right to Water and Its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, Jul 28 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, and movement within the NGO community for an international water treaty. Amanda Cahill Ripley analyses the current legal status, substantive content, and obligations correlative to the right, and examines the relationship between other economic, social and cultural rights related to the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. Using innovative methodology, Cahill Ripley combines legal analysis with a qualitative social science empirical case study to explore the enjoyment of the right ‘on the ground’. The wider implications of the case study findings are then considered, looking at what can be done to strengthen the right legally in terms of its status and codification, and what remedy can be found for violations of the right, both specifically in the Occupied Palestinian Territories and in a more general context. The book will be of interest to students, academics and practitioners within the fields of international human rights law and international humanitarian law, as well as those concerned with international relations and conflict resolution within Israel/Palestine and the wider Middle East region.
