Elsevier

Water Policy

Volume 1, Issue 5, October 1998, Pages 487-503
Water Policy

The human right to water

https://doi.org/10.1016/S1366-7017(99)00008-2Get rights and content

Abstract

More than a billion people in the developing world lack safe drinking water — an amenity those in the developed world take for granted. Nearly three billion people live without access to adequate sanitation systems necessary for reducing exposure to water-related diseases. The failure of the international aid community, nations and local organizations to satisfy these basic human needs has led to substantial, unnecessary and preventable human suffering. This paper argues that access to a basic water requirement is a fundamental human right implicitly and explicitly supported by international law, declarations and State practice. Governments, international aid agencies, nongovernmental organizations and local communities should work to provide all humans with a basic water requirement and to guarantee that water as a human right. By acknowledging a human right to water and expressing the willingness to meet this right for those currently deprived of it, the water community would have a useful tool for addressing one of the most fundamental failures of 20th century development.

Introduction

The 21st century will open with one of the most fundamental conditions of human development unmet: universal access to basic water services. More than a billion people in the developing world lack safe drinking water that those in the developed world take for granted. Nearly three billion people live without access to adequate sanitation systems necessary to reduce exposure to water-related diseases. The failure of the international aid community, nations and local organizations to satisfy these basic human needs has led to substantial, unnecessary and preventable human suffering. An estimated 14–30 thousand people, mostly young children and the elderly, die every day from water-related diseases. At any given moment, approximately one-half of the people in the developing world suffer from disease caused by drinking contaminated water or eating contaminated food (United Nations, 1997b). A diverse array of individuals, professional groups, private corporations and public governmental and nongovernmental interests have recently stepped up efforts to better manage and plan for meeting basic water needs in the next century. The outcome of these efforts will be vital to the health and well-being of billions of people. This paper argues that access to a basic water requirement is a fundamental human right implicitly supported by international law, declarations and State practice. In some ways this right to water is even more basic and vital than some of the more explicit human rights already acknowledged by the international community, as can be seen by its recognition in some local customary laws or religious canon.

A transition is underway making a right to water explicit. As we enter the 21st century, governments, international aid agencies, nongovernmental organizations and local communities should work to provide all humans with a basic water requirement and to guarantee that water as a human right. By acknowledging a human right to water and expressing the willingness to meet this right for those currently deprived of it, the water community would have a useful tool for addressing one of the most fundamental failures of 20th century development.

Section snippets

Is there a human right to water?

The term ‘right’ in this paper is used in the sense of genuine rights under international law, where States have a duty to protect and promote those rights for an individual. The question of what qualifies as a human right has generated a substantial body of literature, as well as many organizations and conferences. The initial impetus to human rights agreements was to address violations of moral values and standards related to violence and loss of freedoms. Subsequently, however, the

Existing human rights laws, covenants and declarations

There is an extensive body of covenants and international agreements formally identifying and declaring a range of human rights. Among the most important of these are the 1948 Universal Declaration of Human Rights (UDHR), the 1966 International Covenant on Economic, Social and Cultural Rights (ESCR), the 1966 International Covenant on Civil and Political Rights (CPR), the Inter-American Convention on Human Rights, the Declaration on the Right to Development (DRD), the 1989 Convention of the

Defining and meeting a human right to water

What are the implications of a human right to water? A right to water cannot imply a right to an unlimited amount of water. Resource limitations, ecological constraints and economic and political factors limit water availability and human use. Given such constraints, how much water is necessary to satisfy this right? Enough solely to sustain a life? Enough to grow all food sufficient to sustain a life? Enough to maintain a certain economic standard of living? Answers to these questions come

Conclusions

A communications and computer revolution is sweeping the globe. There is renewed interest in reaching out to outer space. International financial markets and industries are increasingly integrated and connected. And efforts are being made to ensure regional and global security. In this context, our inability to meet the most basic water requirements of billions of people has resulted in enormous human suffering and tragedy and may be remembered as our century's greatest failure.

This paper

Acknowledgements

This paper has had a long gestation and has benefited from the input and review of several people. I would particularly like to thank Steve McCaffrey, Sandra Postel, Aaron Wolf, Jim Wescoat, Wil Burns, Richard Jolly and Jerry delli Priscoli for their insights and helpful criticisms. Thoughtful comments were also provided by Jason Morrison, Beth Chalecki, Michael Cohen, Arlene Wong, Dana Haasz and Pat Brenner. All errors are, of course, my own. This work was supported by grants to the Pacific

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