Human right to water and sanitation

Boy drinks from a tap at a NEWAH WASH water project in Nepal

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The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life.^[1] It was recognized as a human right by the United Nations General Assembly on 28 July 2010.^[2] The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).

The clearest definition of the human right to water was issued by the United Nations Committee on Economic, Social and Cultural Rights in General Comment 15 drafted in 2002.^[3] It was a non-binding interpretation that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and therefore a human right. It stated: "The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses."^[4]

The first resolutions about the HRWS were passed by the UN General Assembly and the UN Human Rights Council in 2010.^[5] They stated that there was aman right to sanitation connected to the human right to water, since the lack of sanitation reduces the quality of water downstream, so subsequent discussions have continued emphasizing both rights together. In July 2010, United Nations (UN) General Assembly Resolution 64/292 reasserted the human right to receive safe, affordable, and clean accessible water and sanitation services.^[6] During that General Assembly, it stated that for the comprehension of enjoyment in life and all human rights, safe and clean drinking water as well as sanitation is acknowledged as a human right.^[7] General Assembly Resolution 64/292's assertion of a free human right of access to safe and clean drinking water and sanitation raises issues regarding governmental rights to control and responsibilities for securing that water and sanitation. The United Nations Development Programme has stated that broad recognition of the significance of accessing dependable and clean water and sanitation services will promote wide expansion of the achievement of a healthy and fulfilling life.^[8][9][10] A revised UN resolution in 2015 highlighted that the two rights were separate but equal.^[4]

The HRWS obliges governments to ensure that people can enjoy quality, available, acceptable, accessible, and affordable water and sanitation.^[11] Affordability of water considers the extent to which the cost of water becomes inhibitive such that it requires one to sacrifice access to other essential goods and services.^[12] Generally, a rule of thumb for the affordability of water is that it should not surpass 3–5% of households' income.^[13] Accessibility of water considers the time taken, convenience in reaching the source and risks involved while getting to the source of water.^[12] Water must be accessible to every citizen, meaning that water should not be further than 1,000 meters or 3,280 feet and must be within 30 minutes.^[14] Availability of water considers whether the supply of water is available in adequate amounts, reliable and sustainable.^[12] Quality of water considers whether water is safe for consumption, including for drinking or other activities.^[12] For acceptability of water, it must not have any odor and should not consist of any color.^[1]

The ICESCR requires signatory countries to progressively achieve and respect all human rights, including those of water and sanitation.^[11] They should work quickly and efficiently to increase access and improve service.^[11]