Other authors 12 Human rights decline, or at least stagnation, should not be seen, therefore, as the outcome of doing wrongly the right economics, but of rightly doing the wrong economics 12 Indeed, one seldom finds the concept of human rights within economic reasoning for the very reason that they do not share the same language and are incommensurable. As a consequence of becoming a human right, States assumed the ambiguous, and for that reason contentious, obligation to allocate their maximum available resources to the progressive realisation of these rights.
Thus, for some stakeholders, the resolutions represented a massive defeat for the Global Water Justice Movement , as the right to water remained compatible with private sector participation and contained no explicit obligation on utilities to provide subsidies or even a minimum quantity of free water to poor communities or, what might otherwise be necessary, to adopt financially unsustainable business models 21 Global Water Intelligence. The human right to a national water plan. Available from: www.
Instead, the human rights principles of equality and non-discrimination, and the obligation of providing affordable services for all, suggest the need for policies that clearly define how services will be provided to the poor, which can be understood as policies that demand different forms of subsidies 22 Report of the Special Rapporteur on the human right to safe drinking water and sanitation On Affordability.
Geneva: UNHR; Water and sanitation provision in eThekwini Municipality: a spatially differentiated approach. Thus, unsurprisingly, the above-mentioned resolutions have been adopted in differing ways by various stakeholders. While some development banks, industry and development aid agencies sometimes promote a particular interpretation of water as an economic good that endorses the need for full-cost recovery 14 Wash United. Recognition of the human rights to water and sanitation by UN Member States at the international level.
An overview of resolution and declarations that recognize the human right to water and sanitation. In sum, the HRtWS remains a disputed concept that tends to be appropriated by different stakeholders in ways that correspond with their particular interests. Human rights language regarding water and sanitation is being increasingly brought to judicial spheres throughout the world at various levels national, regional, international, independent 25 Mirosa O, Harris LM.
Antipode ; 44 3 For some, increasing jurisprudence that addresses the human right to water contributes to legitimizing the recognition of these human rights. Indeed, throughout the past few decades, judges in various contexts have increasingly recognised the human right to water in a direct or indirect fashion, citing the inter-related nature of access to water with other human rights. Recurso Especial n However, advances in the judicial sphere in fact entail costly efforts that are not necessarily favourable to the broad representation of the disadvantaged people who suffer most from a lack of water and sanitation, a reality which, moreover, was recognised by the judge presiding over the previously cited case.
Indeed, judicial recourse often demands interested specialists who are willing to deal with the cases of such people. Since the respective UNGA 1 1. The human right to safe drinking water and sanitation. Little by little, countries have been increasingly doing so, some since even before the UNGA 1 1. South Africa, Uruguay, Kenya. Meanwhile, critics raise concerns about the effectiveness of such measures on two main bases.
For instance, Mexico has still not reformed its national waters law of although it amended its constitution to include the HRtW in In other nations, the HRtWS may be found in national laws, but practical outcomes still may not constitute the realisation of these human rights. Secondly, in connection with the previous point, States will also inevitably struggle to realise the HRtWS when, despite the principles of these human rights perhaps being found in national legislation, they coexist with other laws, policies and activities most often economically interested that are not favourable to these human rights.
Indeed, it appears necessary for States to have complete legal and political harmony as an overarching framework, notably including environmental laws and other economic policies such as mining codes , in order to produce outcomes that effectively realise all human rights, and do not privilege some at the cost of others. For instance, when confronted with inefficient or otherwise imperfect WSSs, instead of investing in maintenance and institutional reform, governments may choose to invest in system expansion, which in some cases may be unfavourable from an ecological point of view or contentious from a socio-political standpoint 22 Where States operate in such fashion, they may often be only partially realizing the HRtWS, as they may not be fulfilling all of its principles, such as creating affordable services.
Furthermore, the concern exists that human rights are anthropocentric and, thus, may exclude ecological rights the rights of non-humans 28 New York: Cornell University Press; Harsha J. Conflicts and dilemma of human right to water. Current Science ; 12 However, it is important to recall the interrelated nature of all human rights and recognise, in the particular case of ecological concerns, that the normative content of providing safe, quality drinking water includes the human rights principle of sustainability.
Indeed, the HRtWS must be considered together with the human right to a safe and healthy environment. In fact, the mandate of the Special Rapporteur on human rights and the environment is clear on this: protecting human rights helps to protect the environment 30 Special Rapporteur on human rights and the environment former Independent Expert on human rights and the environment. Human rights obligations related to access to safe drinking water and sanitation.
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Target 7. C halving the total number of people without access to safe drinking water and sanitation. Water safety and inequality in access to drinking-water between rich and poor households. Environ Sci Technol ; 47 3 In sum, the goals lacked a framework that concretely aimed towards the realisation of these human rights 20 Satterthwaite D. MDG experience regarding improved drinking water, sanitation and slums and the lessons for implementation of the post agenda. Since then, the international post agenda SDGs is set to carve out a much more important place for the sustainable realisation of the HRtWS; its goals 6.
In the case of the HRtWS, the new emphasis on sustainable solutions is undoubtedly a response to the concern that States previously focused more on achieving benchmarks and perhaps doing so in the easiest way possible, according to the applicable criteria than on developing lasting scenarios in which these rights would be realised in their territories 34 On the right track. Good practices in realising the rights to water and sanitation. Yet, despite the improved formulation of goals in the post agenda, monitoring is still and will long be a crucial difficulty in ensuring the universal realisation of these rights.
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In particular, three important issues related to monitoring in the post agenda have been brought up in years past. First, it will be important to consider the gap between the time-bound goals and targets and the data available to measure whether the targets are being met. Satterthwaite 33 Thus, increasing the availability of up-to-date information will imply logistical and financial costs.
Second, several parties 35 Equity in water and sanitation: Developing an index to measure progressive realization of the human right. Int J Hyg Environ Health ; 6 It is considered that additional criteria must be more effectively assessed, such as water quality an estimated 1. Global assessment of exposure to faecal contamination through drinking water based on a systematic review.
Trop Med Inter Health. Among other things, having this disaggregated data would help in specifically identifying not a mere percentage of people, but the precise individuals and groups that still lack access to safe drinking water and sanitation. A third monitoring difficulty concerns assessing the resources that States invest into advancing the realisation of the HRtWS, since States are understandably not obligated to immediately fulfil all of the criteria of the HRtWS normative content, but instead to progressively realise this human right with their maximum available resources.
While State reporting of water and sanitation was previously submitted to the CESCR under the human right to adequate housing, since States must report specifically on the human right to water and sanitation. Mr Adam Kramer. Conceiving Companies. Timothy L. Modern Studies in Property Law. Robin Hickey. Private Law and Power. Ross Grantham. Frontiers of Family Law.
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