The International Covenant on Economic, Social and Cultural Rights
The elements of the right to water must be adequate for human dignity,
life and health, in accordance with articles 11, paragraph 1, and 12 of the
Covenant (ICESCR). The adequacy of water should not be interpreted
narrowly, by mere reference to volumetric quantities and technologies.
Water should be treated as a social and cultural good, and not primarily
as an economic good. The manner of the realization of the right to water
must also be sustainable, ensuring that the right can be realized for present
and future generations.
While the adequacy of water required for the right to water may vary
according to different conditions, the following factors apply in all
circumstances:
(a) Availability: The water supply for each person must be sufficient and
continuous for personal and domestic uses. These uses ordinarily include
drinking, personal sanitation, washing of clothes, food preparation,
personal and household hygiene. The quantity of water available for
each person should correspond to World Health Organization (WHO)
guidelines. Some individuals and groups may also require additional water
due to health, climate, and work conditions;
(b) Quality: The water required for personal or domestic use must be safe,
therefore free from micro-organisms, chemical substances and radiological
hazards that constitute a threat to a person’s health. Furthermore, water
should be of an acceptable colour, odour and taste for personal or
domestic use. “Continuous” means that the regularity of the water supply
is sufficient for personal and domestic use.
In this context, “drinking” means water for consumption through beverages
and foodstuffs. “Personal sanitation” means disposal of human excreta.
Water is necessary for personal sanitation where water-based means are
adopted. “Food preparation” includes food hygiene and preparation of
food stuffs, whether water is incorporated into, or comes into contact
with, food. “Personal and household hygiene” means personal cleanliness
and hygiene of the household environment.
Accessibility: Water and water facilities and services have to be accessible
to everyone without discrimination, within the jurisdiction of the State
Party. Accessibility has four overlapping dimensions:
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(i) Physical accessibility: water, and adequate water facilities and services,
must be within safe physical reach for all sections of the population.
Sufficient, safe and acceptable water must be accessible within, or in
the immediate vicinity, of each household, educational institution and
workplace. All water facilities and services must be of sufficient quality,
culturally appropriate and sensitive to gender, lifecycle and privacy
requirements. Physical security should not be threatened during access to
water facilities and services;
(ii) Economic accessibility: Water, and water facilities and services, must
be affordable for all. The direct and indirect costs and charges associated
with securing water must be affordable, and must not compromise or
threaten the realization of other Covenant rights;
(iii) Non-discrimination: Water and water facilities and services must be
accessible to all, including the most vulnerable or marginalized sections
of the population, in law and in fact, without discrimination on any of the
prohibited grounds; and
(iv) Information accessibility: accessibility includes the right to seek,
receive and impart information concerning water issues.
According to General Comment No. 6 (1995) of the Committee, the right
to water is also inextricably related to the right to the highest attainable
standard of health (art. 12, para. 1) and the rights to adequate housing and
adequate food (art. 11, para. 1).The right should also be seen in conjunction
with other rights enshrined in the International Bill of Human Rights,
foremost amongst them the right to life and human dignity.
Article 14 (2) of CEDAW provides responsibility to states to take all
appropriate measures to eliminate discrimination against women in rural
areas in order to ensure, on a basis of equality of men and women that they
participate in and benefit from rural development and, in particular shall
ensure to women the right: To enjoy adequate living conditions, particularly
in relation to housing, sanitation, electricity and water supply, transport
and communications. The Committee on the Elimination of Discrimination
against Women considered that this article obliges States Parties to take
all appropriate measures to ensure adequate living conditions in relation
to water and sanitation, which are critical for the prevention of diseases
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