The Emerging Human Right to

Water and Sanitation under

International Law

Sharmila L. Murthy, Fellow

Carr Center for Human Rights Policy
Right to Water Study Group
Oct. 7, 2010

Water is crucial for survival

900 million people do not have available

sources of clean drinking water

2.5 billion live w/o basic sanitation
3.3 million die per year from waterborne
diseases, such as cholera, typhoid &
dysentery

Water is increasingly scarce

Water use is increasing exponentially
Less than 3% of worlds water is fresh

and most is locked in polar ice & glaciers

Lakes, rivers, aquifers, etc. make up less
than 1% of the earths total water supply

The Genesis of the Debate: Is

Water only a Need or also a Right?
1948 Universal Declaration of Human Rights
1966 Intl Covenant on Economic, Social &

Cultural Rights (ICESCR) and Intl Covenant on

Civil & Political Rights (ICCPR)
1972 UN Conference on the Human
Environment in Stockholm
Principle 2 of Declaration: the natural resources of
the earth, including the air, water, land, flora and
fauna must be safeguarded for the benefit of
present & future generations

1977 Mar Del Plata Water

Conference in Argentina

Resolution II of Action Plan on Community

Water Supply declared:

All peoples . . . have the right to have access to

drinking water in quantities and of a quality equal to
their basic needs.
Water and disposal of waste water are essential for
life and development of man
Called for intl cooperation so that water is attainable
and is justly and equitably distributed among the
people within the respective countries.

Declared International Drinking Water Supply &

Sanitation Decade (1981-1990)

1992 Intl Conference on Water &

Environment in Dublin
Principle 4 of Dublin Statement:
water has an economic value in all its
competing uses and should be recognized as
an economic good.
it is vital to recognize first the basic right of
all human beings to have access to clean
water and sanitation at an affordable price.

1992 UN Conference on
Environment & Development in Rio
Rio Declaration does not contain a specific

reference to water, but Agenda 21, Chapter 18

of Summit stated:
water resources have to be protected, taking into
account the functioning of aquatic ecosystems and
the perenniality of the resources, in order to satisfy
and reconcile needs for water in human activities. In
developing and using water resources, priority has to
be given to the satisfaction of basic needs and the
safeguarding of the ecosystems.
Endorsed Mar del Plata resolution that all peoples
have the right to have access to drinking water and
called this the commonly agreed premise.

1996: Two Intl Groups Created

World Water Council (WWC)
Supposed to act as a think tank on water
resources matters

Global Water Partnership (GWP)

Established as a working partnership among
all entities involved in water to support
countries in integrated water resources
management

WWC & GWP work leads to

creation of World Water Forums
1997 Marrakech
2000 The Hague
2003 Kyoto
2006 Mexico
2009 Istanbul
2012 Marseilles

Early World Water Forums do not

frame water in rights terms
1997 Marrakech
recommended action to recognize the basic human
needs to have access to clean water & sanitation

2000 The Hague

access to safe and sufficient water & sanitation are

basic human needs

2003 Kyoto

we will enhance poor peoples access to safe

drinking water and sanitation

2006 Mexico
The Ministerial Declaration: improved and
sustainable access to water and sanitation
services
The Complementary Declaration signed by
Bolivia, Uruguay, Cuba & Venezuela declares
[a]ccess to water with quality, quantity and
equity, constitutes a fundamental human
right.

Istanbul 2009
Ministerial Declaration: We acknowledge the
discussions within the UN system regarding
human rights and access to safe drinking
water and sanitation. We recognize that
access to safe drinking water and sanitation is
a basic human need.

1997 UN Convention on the Law of

the Non-Navigational Uses of
International Watercourses
Adopted by UN General Assembly but only 17

countries have ratified it

Article 10, 2 states that conflicts over use
should be resolved with reference to Articles 5 &
7 and with special regard being given to the
requirement of vital human needs.
Articles 5 & 6 outline principle of equitable &
reasonable utilization
Article 7 deals with the obligation not to cause
significant harm

Other UN Declarations
2000 Millennium Declaration
Included goal of reducing by half the
proportion of people without sustainable
access to water

2003 declared as International Year of

Freshwater
2005-2015 declared as International
Decade for Action, Water for Life

2002: Comment 15
More than 35 years after ICESCR adopted

in 1966, Committee on Economic, Social &

Cultural Rights interprets ICESCR as
encompassing a human right to water
Not binding per se because Committee
does not have authority to create new
obligations. Rather, it extrapolated the
right to water out of existing obligations.

Comment 15 (contd)
Right to water implicit in 2 provisions of
ICESCR:

Article 11 adequate standard of living

Article 12 highest attainable standards of
mental and physical health

Comment 15 reaches back to UDHR

Rights to life
principle of human dignity

Emerging Norm: Right to Water

International Covenant on Economic,
Social & Cultural Rights

http://www2.ohchr.org/english/law/cescr.htm

Comment 15

http://www.unhchr.ch/tbs/doc.nsf/0/a5458d1
d1bbd713fc1256cc400389e94/$FILE/G034022
9.pdf

Other international instruments

http://www.ielrc.org/water/doc_hr.htm
http://www.who.int/water_sanitation_health/r
ightowater/en/

Independent Expert
on right to water & sanitation
http://www2.ohchr.org/english/issues/water/i
expert/overview.htm
http://www2.ohchr.org/english/issues/water/i
expert/Ind_expert_DeAlbuquerque.htm

UN General Assembly Resolution

On July 28, 2010, UN General Assembly

passes a resolution recognizing a right to

water & sanitation

http://www.un.org/News/Press/docs/2010

/ga10967.doc.htm
http://www.unesco.org/water/wwap/news
/archives/UNDecWaterHR_EN.pdf

Whiskey is for drinking; water is

for fighting over.
- Mark Twain