Tag Archives: Human right to water

The Human Right to Water (M. Fitzmaurice)

Author(s)

Malgosia Fitzmaurice

Keywords

human right to a clean environment, human right to water, implementation, legal status

Abstract

In the context of the contentious issue surrounding the legal status and implementation of the general human right to a clean environment, the human right to water is probably the most disputed. Much has been written about a human right to water, but no firm conclusions have been drawn as to its existence, as the practice of States in this respect is very limited.

Citation

(2006-7) 18 Fordham Environmental Law Review 537

Paper

The Human Right to Water

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The Implications of Formulating a Human Right to Water (E.B. Bluemel)

Author

Erik B. Bluemel

Keywords

Water, human right to water

Abstract

This Comment explores the content, legal forms, and implications of recognizing and international human right to water. The concept of water as a human right developed from the recognition that treating the right to water as an economic good may resulting an affordability problem for the same communities, depriving them of access to water.

This Comment analyzes legal development in South Africa , India and Argentina to illustrate some of the ways in which States have implemented a legal right to water.

Citation

(2004) 31 Ecology Law Quarterly 957

Paper

The Implications of Formulating a Human Right to Water

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The human right to water and reform of the Irish water sector: Owen McIntyre

Author

Owen McIntyre

Keywords

Human right to water, water sector reform, privatization of water services, constitutional rights, bodily integrity, dignity

Abstract

The austerity measures imposed upon Ireland under the terms of the 2009 EU/IMF financial bail-out package include the introduction of charging for domestic water and sanitation services, which has led to the establishment of a new national water utility and plans to roll out a nation-wide programme for the installation of domestic water meters. The introduction of such a charging scheme raises a range of, as yet, unanswered questions concerning, for example, the use of social safety nets for those unable to pay, safeguards regarding disconnection or reduction of service in the event of non-payment, the accountability of the new utility for any failure to supply adequate water, and arrangements for meaningful public participation in decision-making concerning water services. While one would normally expect such key policy choices to be guided by the emerging human right to water and sanitation, no applicable provision of Irish law expressly supports the concept. However, policymakers might want to take account of the good governance values inherent to this emerging human right, as there exists the possibility that certain provisions of Irish law, and applicable provisions of European human rights law, might be interpreted so as to impose such values. While much of the current discourse on the human right to water and sanitation concerns its possible application in developing countries, Ireland might hold lessons for other developed countries facing austerity-driven water sector reform, including arrangements for the privatization of water and sanitation services.

Citation

(2014) 5/1 Journal of Human Rights and the Environment 74-101

Paper

The human right to water and reform of the Irish water sector

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