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The Right to Water in International Human Rights Law
Explicit reference to the right to water has been made in two of the six core international human rights treaties: the Convention on the Elimination of Discrimination Against Women (1979) and the Convention on the Rights of the Child (1989); and also in one of the regional human rights instruments: the African Charter on the Rights and Welfare of the Child (1990).
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Explicit References to Water
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UN (global) Human Rights Treaties
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Convention on the Elimination
of All Forms of
Discrimination against Women
Adopted and opened for signature, ratification and accession by
General Assembly resolution 34/180 of 18 December 1979
entry into force September 1981, in accordance with article 27(1)
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Article 14
2. State parties shall 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: …
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communication [emphasis added].
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Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989
entry into force September 1990, in accordance with article 49 |
Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health…
(2) State Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: …
c) to combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution; … [emphasis added].
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| Regional Human Rights Treaties |
African Charter on the Rights and Welfare of the Child, 1990
OAU Doc. CAB/LEG/24.9/49 (1990)
entry into force November 1999
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Article 14
1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.
2. State Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:
(c) to ensure the provision of adequate nutrition and safe drinking water [emphasis added].
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Recognition of the right to water is now also reflected in other international legislation concerning water. For instance, in 2001, the Committee of Ministers of the Council of Europe adopted the European Charter on Water Resources (Rec. (2001)14). Article 5 is entitled "Everyone has the right to a sufficient quantity of water for his or her basic needs" and provides:
"International human rights instruments recognise the fundamental right of all human beings to be free from hunger and to an adequate standard of living for themselves and their families. It is quite clear that these two requirements include the right to a minimum quantity of water of satisfactory quality from the point of view of health and hygiene."
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