LEGAL FRAMEWORK OF THE HUMAN RIGHT TO WATER AND SANITATION- EUROPE I. International instruments... 2 I.I Human rights... 2 1966 International Covenant on Civil and Political Rights (ICCPR)... 2 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR)... 2 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)... 3 ILO Convention No. 161 of 1985 on Occupational Health Services... 4 1989 Convention on the Rights of the Child (CRC)... 4 2007 Convention on the Rights of Persons with Disabilities (CRPD)... 4 I.2 Sustainable development... 4 1992 United Nations Framework Convention of Climate Change (UNFCCC)... 4 1994 Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (UNCCD)... 5 I.3 Water law... 5 1997 Convention on the Law of the Non-Navigational Uses of International Watercourses... 5 2. Regional instruments... 6 2.I Human rights... 6 1964 European Convention on Human Rights... 6 2.2 Water Law... 7 2000 UNECE/ WHO Protocol on Water and Health... 7 2000/60/EC Directive of the Council of the European Union of 23 October 2000... 8 2001 European Charter on Water Resources CM Rec 14... 9 1
LEGAL FRAMEWORK OF THE HUMAN RIGHT TO WATER AND SANITATION- EUROPE Tick the treaty your country has ratified! INTERNATIONAL TREATY WATER AND SANITATION-RELATED PROVISIONS I. International instruments I.I Human rights 1966 International Covenant on Civil and Political Rights (ICCPR) 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. Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 1 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 2
1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 2 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent. Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: a) The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child. b) The improvement of all aspects of environmental and industrial hygiene. 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Article 12(2) States 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 communications. 3
ILO Convention No. 161 of 1985 on Occupational Health Services Article 5 Without prejudice to the responsibility of each employer for the health and safety of the workers in his employment, occupational health services shall have such of the following functions : (b) Surveillance of the factors in the working environment and working practice which may affect workers health, including sanitary installations, 1989 Convention on the Rights of the Child (CRC) 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. States 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 provision of adequate nutritious foods and clean drinking water ( ) 2007 Convention on the Rights of Persons with Disabilities (CRPD) Article 28: Adequate standard of living and social protection 2. States parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures: (a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs. I.2 Sustainable development 1992 United Nations Framework Convention of Climate Change (UNFCCC) Article 4: Commitments 1. All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall: 4
(e) Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods; 1994 Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (UNCCD) Article 2: Objective 1. The objective of this Convention is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification, particularly in Africa, through effective action at all levels, supported by international cooperation and partnership arrangements, in the framework of an integrated approach which is consistent with Agenda 21, with a view to contributing to the achievement of sustainable development in affected areas. 2. Achieving this objective will involve long-term integrated strategies that focus simultaneously, in affected areas, on improved productivity of land, and the rehabilitation, conservation and sustainable management of land and water resources, leading to improved living conditions, in particular at the community level. Article 10: National Action Programmes 2. National action programmes shall specify the respective roles of government, local communities and land users and the resources available and needed. They shall, inter alia: a) incorporate long-term strategies to combat desertification and mitigate the effects of drought e) promote policies and strengthen institutional frameworks which develop cooperation and coordination between the donor community, governments at all levels, local populations and community groups, and facilitate access by local populations to appropriate information and technology; f) provide for effective participation at the local, national and regional levels of nongovernmental organizations and local populations, both women and men, particularly resource users, including farmers and pastoralists and their representative organizations, in policy planning, decision-making, and implementation and review of national action programmes; I.3 Water law 1997 Convention on the Law of the Non-Navigational Uses of International Watercourses Article 5: Equitable and reasonable utilization and participation 1. Watercourse States shall in their respective territories utilize an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse States with a view to 5
attaining optimal and sustainable utilization thereof and benefits there from, taking into account the interests of the watercourse States concerned, consistent with adequate protection of the watercourse. Article 6: Factors relevant to equitable and reasonable utilization 1. Utilization of an international watercourse in an equitable and reasonable manner within the meaning of Article 5 requires taking into account all relevant factors and circumstances, including: a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character; b) The social and economic needs of the watercourse States concerned; c) The population dependent on the watercourse in each watercourse State; d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse States; e) Existing and potential uses of the watercourse; f) Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect; g) The availability of alternatives, of comparable value, to a particular planned or existing use. 2. In the application of Article 5 or paragraph 1 of this Article, watercourse States concerned shall, when the need arises, enter into consultations in a spirit of cooperation. 3. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole. [...] Article 10: Relationship between different kinds of uses 1. In the absence of agreement or custom to the contrary, no use of an international watercourse enjoys inherent priority over other uses. 2. In the event of a conflict between uses of an international watercourse, it shall be resolved with reference to Articles 5 to 7, with special regard being given to the requirements of vital human needs. II. Regional instruments 2.I Human rights 1964 European Convention on Human Rights Article 2 - Right to life 1. Everyone s right to life shall be protected by law. Article 5 Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 6
1964 European Convention on Human Rights 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Protocole No 12 Article 1 General prohibition of discrimination 1 The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. 2 No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1. II.II Water Law 2000 UNECE/ WHO Protocol on Water and Health Preamble Mindful that water is essential to sustain life and that the availability of water in quantities, and of a quality, sufficient to meet basic human needs is a prerequisite both for improved health and for sustainable development, Acknowledging the benefits to human health and well-being that accrue from wholesome and clean water and a harmonious and properly functioning water environment, (inspiration : Directive 98/83/EC) Article 4 General Provisions 2. The Parties shall, in particular, take all appropriate measures for the purpose of ensuring: (a) Adequate supplies of wholesome drinking water which is free from any micro-organisms, parasites and substances which, owing to their numbers or concentration, constitute a potential danger to human health. This shall include the protection of water resources which are used as sources of drinking water, treatment of water and the establishment, improvement and maintenance of collective systems; (b) Adequate sanitation of a standard which sufficiently protects human health and the environment. This shall in particular be done through the establishment, improvement and maintenance of collective systems; 7
Article 5 - Principles and Approaches (d) Water resources shall be managed so that the needs of the present generation are met without compromising the ability of future generations to meet their own needs; (l) 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; Article 6 Targets and Target Dates 1. In order to achieve the objective of this Protocol, the Parties shall pursue the aims of: (a) Access to drinking water for everyone; (b) Provision of sanitation for everyone within a framework of integrated water-management systems aimed at sustainable use of water resources, ambient water quality which does not endanger human health, and protection of water ecosystems. Article 7 Review and Assessment of Progress 1. The Parties shall each collect and evaluate data on: (a) Their progress towards the achievement of the targets referred to in article 6, paragraph 2; (b) Indicators that are designed to show how far that progress has contributed towards preventing, controlling or reducing water-related disease. 2000/60/EC Directive of the Council of the European Union of 23 October 2000 Article 4(1)(a)(ii) Member States shall protect, enhance and restore all Bodies of surface water, subject to the application of subparagraph (iii) for artificial and heavily modified bodies of water, with the aim of achieving good surface water status at the latest 15 years after the date of entry into force of this Directive Article 4(1)(a)(iii) Member States shall protect and enhance all artificial and heavily modified bodies of water, with the aim of achieving good ecological potential and good surface water chemical status at the latest 15 years from the date of entry into force of this Directive. 8
Article 9(1) Member States shall ensure by 2010 that water-pricing policies provide adequate incentives for users to use water resources efficiently, and thereby contribute to the environmental objectives of this Directive, an adequate contribution of the different water uses, disaggregated into at least industry, households and agriculture, to the recovery of the costs of water services, based on the economic analysis conducted according to Annex III and taking account of the polluter pays principle. 2001 European Charter on Water Resources CM Rec 14 Fresh water resources must be used in keeping with the objectives of sustainable development, with due regard for the needs of present and future generations. Water must be equitably and reasonably used in the public interest. Water policy and law must protect the aquatic ecosystems and wetlands. It is up to everyone to help conserve water resources and use them prudently, in conformity with this charter. Everyone has the right to a sufficient quantity of water for his or her basic needs. 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. Social measures should be put in place to prevent the supply of water to destitute persons from being cut off. 6. Public and private partners must introduce integrated management of surface water, ground water and related water that respects the environment as a whole, takes regional planning into account and is socially equitable and economically rational. Integrated management must be based on an inventory of water resources and aim to ensure their protection, conservation and, if necessary, rehabilitation. Water policy and law must be based on the principles of prevention, precaution and correction at source as well as the polluter-pays principle. 9