The Right To Water

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.

A comprehensive overview of the human rights to water and sanitation, exploring theoretical, conceptual, and practical aspects.

The first book to engage in a comprehensive examination of the human right to water in theory and in practice.

Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution “The human right to water and sanitation”. To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book’s answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights – including the right to water – as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.​

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.

Scholarship on the right to water has proliferated in interesting and unexpected ways in recent years. This book broadens existing discussions on the right to water in order to shed critical light on the pathways, pitfalls, prospects, and constraints that exist in achieving global goals, as well as advancing debates around water governance and water justice. The book shows how both discourses and struggles around the right to water have opened new perspectives, and possibilities in water governance, fostering new collective and moral claims for water justice, while effecting changes in laws and policies around the world. In light of the 2010 UN ratification on the human right to water and sanitation, shifts have taken place in policy, legal frameworks, local implementation, as well as in national dialogues. Chapters in the book illustrate the novel ways in which the right to water has been taken up in locations drawn globally, highlighting the material politics that are enabled and negotiated through this framework in order to address ongoing water insecurities. This book reflects the urgent need to take stock of debates in light of new concerns around post-neoliberal political developments, the challenges of the Anthropocene and climate change, the transition from the Millennium Development Goals (MDGs) to the Sustainable Development Goals (SDGs), as well as the mobilizations around the right to water in the global North. This book is essential reading for scholars and students of water governance, environmental policy, politics, geography, and law. It will be of great interest to policymakers and practitioners working in water governance, as well as the human right to water and sanitation.

Of the world's 6 billion people, 1.1 billion lack access to safe drinking water. The aim of this booklet is to highlight and promote the right to water as a fundamental human right. It looks at who is affected, the responsibility of governments and the implications for other stakeholders

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.