In addition, the United Nations human rights agencies, regional human rights bodies and a wealth of jurisprudence from national and local courts have all interpreted the right to water as being implicit under other human rights, such as the right to life, the right to an adequate standard of living and the right to health.
The rights to life and health have been enshrined in both UN and regional human rights instruments.
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Implied References to Water
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UN (global) Human Rights Treaties
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International Covenant on
Civil and Political Rights
Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200A (XXI) of 16 December 1966
entry into force March 1976, in accordance with Article 49
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Article 6
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. |
Regional Human Rights Treaties
European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
(ETS No. 5), 213 U.N.T.S. 222
entry into force September 1953
amended by Protocols Nos 3, 5, 8, and 11 which entered into force in September 1970, December 1971, January 1990, and November 1998 respectively
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Article 2
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction for a crime for which this penalty is provided by law |
European Social Charter, 1961
529 U.N.T.S. 89
entry into force February 1965
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Article 11
With a view to ensuring the effective exercise of the right to protection of health, the Contracting Parties undertake, either directly or in cooperation with public or private organizations, to take appropriate measures designed inter alia:
1. to remove as far as possible the causes of ill-health
2. to provide advisory and educational facilities for the promotion of health and the encouragement of individual responsibility in matters of health
3. to prevent, as far as possible epidemic, endemic and other diseases
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American Convention on Human Rights: ‘Pact of San Jose’, Costa Rica, 1969
O.A.S.Treaty Series No. 36, 1144 U.N.T.S. 123
entry into force July 1978
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Article 4
1. Every person has the right to have his life respected. This right shall be protected by law, and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
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Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights – ‘Protocol of San Salvador’, 1988
O.A.S. Treaty Series No. 69 (1988)
entry into force November 1999
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Article 10
1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.
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African (Banjul) Charter of Human and People’s Rights, 1981
OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982)
entry into force October 1986 |
Article 4
Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.
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Article 16
1. Every individual shall have the right to enjoy the best attainable state of physical and mental health.
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The right to water has also been implicitly confirmed in the Protocol on Water and Health adopted in 1999, to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes. The Convention is intended to strengthen national measures for the protection and ecologically sound management of transboundary surface waters and groundwaters. By Article 5 (l), The Protocol provides:
"Equitable access to water, adequate in terms both of quantity and of quality, should be provided for all members of the population, especially those who suffer a disadvantage or social exclusion."
The Protocol came into force on 4 August, 2005.
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