|
|
 |
 |
|
Part II: Normative content of the Right to Water
Part II of General Comment 15 outlines the normative content of the human right to water - ie the individual elements of the right - stressing that these elements must be adequate for human dignity, life and health in accordance with Article 11, paragraph 1, and Article 12.
It states that the right to water comprises both:
- ‘Freedoms’- such as the right to be free from interference through, for example, arbitrary disconnections or the contamination of water supplies, and
- ‘Entitlements’ - including the right to a system of water supply and management that provides equality of opportunity for people to enjoy the right to water
The Comment also stresses that water should be treated as a social and cultural good, and not primarily as an economic good, and that the manner of the realization of the right to water must be sustainable.
General Comment 15 acknowledges that while the adequacy of water may vary according to different conditions, three factors apply in all circumstances:
Availability
Each person has the right to a water supply that is sufficient and continuous for personal and domestic uses, such as drinking, ppersonal sanitation, washing of clothes, food preparation, personal and household hygiene. The Comment states that the quantity of water available for each person should correspond to World Health Organization (WHO) guidelines, and that it should be taken into account that some individuals and groups may also require additional water due to health, climate, and work conditions.
Quality
The right to water means that not only are people entitled to a sufficient and continuous supply of water, but they are also entitled to water of adequate quality. This means that the water required for each personal or domestic use must be safe and 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 each personal or domestic use.
Accessibility
The Comment provides that water and water facilities and services must be accessible to everyone, without discrimination, within the jurisdiction of the State party. It identifies four overlapping dimensions of accessibility, defined as follows:
i) Physical accessibility
Water and adequate water facilities and services must be within safe physical reach of all sections of the population, which is defined as ‘within the immediate vicinity, of each household, educational institution and workplace’. They should be of sufficient quality, culturally appropriate and sensitive to gender, life-cycle and privacy requirements.
(ii) Economic accessibility
Water, water facilities and services and the direct and indirect costs and charges associated with securing water must be affordable for all.
(iii) Non-discrimination
Access to water and water facilities and services should be realised, in law and in fact, without discrimination on any of the prohibited grounds – race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
(iv) Information accessibility
Accessibility is defined as including the right to seek, receive and impart information concerning water issues.
Special topics of broad application
General Comment 15 stresses the obligation of States Parties, under Articles 2 and 3 of the International Covenant on Economic, Social and Cultural Rights, to guarantee that all Covenant rights are enjoyed both without discrimination and on the basis of equality between men and women.
The General Comment confirms that the prohibition of discrimination includes discrimination on the grounds of age, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of any of the rights contained therein, including the right to water.
General Comment 15 stresses that States Parties are obliged not only to:
- take steps to remove any de facto discrimination on prohibited grounds that could impede enjoyment or exercise of the right to water; but also to
- give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees.
|
|
|
