Human rights to water and sanitation

Background on human rights to water and sanitation

The issue of a human right to water and sanitation has been debated since long. Despite their indispensible character, neither water nor sanitation were explicitly mentioned in the United Nations Universal Declaration of Human Rights (1948). Based on the historical documents from the 1948 human rights discussions, experts assume that water was not included as it was seen as a precondition to realizing other human rights, and was taken for granted. In the current times of water conflicts, privatization and climate change uncertainties, however, a human right to water stands in a different context. Similarly, for a long time the human right to sanitation was not explicitly discussed as it was grouped in with water. However there is a growing recognition of the need to stop persistently neglecting sanitation as a key basic service. To acknowledge the different approaches required to deal with water and sanitation service delivery, the human right to sanitation should be clearly spelled out. While several countries and organizations do support the recognition of a human right, others consider water and sanitation to be basic human needs. Below is outlined the existing legal basis, the most recent developments and links to documents and websites on the issue.

The existing legal basis

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty, adopted by the United Nations General Assembly and in force since January 1976. The articles 11 (Right to adequate standard of living) and 12 (Right to health) in the Covenant relate to water and sanitation. The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights.
The General Comment 15, adopted by the Committee on Economic, Social and Cultural Rights in 2003 clarifies the content of the right to water and sanitation and outlines states' obligations in relation to this right.
Several treaties touch upon the issues of water and sanitation, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), however, there is no explicit reference to an internationally recognized, universal right to water.

Recent developments

In September 2008 the Human Rights Council appointed Ms Catarina de Albuquerque as an Independent Expert from 2008 to 2011 on the human rights obligations related to access to safe drinking water and sanitation. The objectives of the mandate are to start a dialogue with governments, UN-bodies, local authorities, NGOs, private sector and academic institutions, consult their opinions and make recommendations to support the realisation of the MDG Goal 7. While the mandate does cover both water and sanitation, the first year of the Independent Expert's mandate will use the momentum of the International Year of Sanitation (IYS) and be dedicated to the issue of sanitation.

One step in this dialogue process was an expert consultation on the human rights obligations to sanitation organized in April 2009, to which WSSCC contributed substantially. The expert meeting, which concerned the definition of sanitation and the mechanisms of recognition of a human right, was followed by a public consultation with the participation of over 50 state representatives and several NGOs. In the public consultation, it became clear that while most countries expressed support to the process of clarifying the right to sanitation, not all would favour the right itself as it puts disproportional pressure on governments which, according to them, might be counterproductive in improving access to sanitation.

The consultation resulted in a report which is to be presented to the Human Rights Council mid June 2009. The Council would then decide on the further procedure related to the instruments and elements most appropriate for sanitation.

WSSCC's contribution on the issue of human right to water and sanitation

The WSSCC welcomes the creation of the mandate of the Independent Expert for the clarification of human rights obligations to sanitation and water. WSSCC strongly supports the focus of the current consultation on sanitation, as it is also in line with its organizational aim. Improving sanitation is indispensable for human development and otherwise too often neglected.

WSSCC advocates for a human right to sanitation based on a narrow definition of sanitation, primarily focusing on the collection, transport, treatment and disposal or re-use of human excreta and to lesser extent on wastewater, solid waste or storm water. We further support sanitation as a stand alone right apart from the right to water. Emphasis on culturally appropriate systems is hereby of vital importance to ensure acceptance and sustainability of sanitation systems. The right to sanitation creates a legal framework within which stakeholder participation is of utter importance to demand legal entitlements from responsible parties which can be held accountable. The right to sanitation should however not imply that governments are obliged to provide access but rather that they create favourable policies which support demand creation and thus help enable access. This approach facilitates implementation through public, private and household options reflecting the reality of sanitation systems and encourages states to progressively realise the human right to sanitation.

WSSCC would be delighted to see the people’s access to sanitation endorsed through the process and through the creation of a formal human right. Indeed, the formal recognition would ascribe sanitation the attention it since long deserves in the context of improving health, dignity and welfare of all.

Interesting reading and links