the human right to water and sanitation in emergency situations

CHApTER 2 - INTERNATIONAl HUMAN RIGHTS lAW
2.1. What are human rights?
- Part 1 - International laws applicable in emergencies
Human rights are freedoms and entitlements inherent to all human beings, whatever their nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or any other status.
Human rights apply to all persons, regardless of their legal status or nationality. Thus, non-citizens including
refugees, asylum seekers, IDPs and stateless persons are protected by human rights law. However,
refugee law (notably the Convention relating to the Status of Refugees 14 ) and the Guiding Principles on
Internal Displacement 15 reinforce the protection of refugees and IDPs.
Universal human rights are expressed and guaranteed by law in the form of treaties, customary international
law, general principles and other sources of international law. International human rights law lays down
the obligations of Governments to act in certain ways, or to refrain from certain acts, in order to promote
and protect the human rights and fundamental freedoms of individuals or groups. States have three obligations
in respect of human rights: to respect, to protect and to fulfil (See Box 2).
BoX 2 - Governmental obligations with regard to human rights
Governmental obligations can be broadly categorized under 3 headings:
- To respect: The obligation to respect requires that States Parties (that is, governments ratifying
a treaty) refrain from interfering directly or indirectly with the enjoyment of human rights.
- To protect: The obligation to protect requires that States Parties prevent third parties, such as
corporations, from interfering in any way with the enjoyment of human rights.
- To fulfil: The obligation to fulfil requires that States Parties adopt all necessary measures to
achieve the full realization of human rights.
States are obligated to respect, protect and fulfil human rights. Additionally, non-state actors, including
NGOs, humanitarian agencies and private companies who have an impact on water and sanitation services/provision
and therefore the right to water and sanitation, have responsibilities to respect rights, even
in emergency situations.
Many countries experiencing conflict, natural disaster or any kinds of public emergencies often come up
against significant constraints in terms of resources. Although human rights law recognizes that a country
with limited resources might not have the capacity to ensure full realization of a number of economic, social
and cultural rights, the said country is still obliged “to take steps (…), to the maximum of its available
14 / Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless
Persons convened under General Assembly resolution 429 (V) of 14 December 1950.
15 / The Guiding Principles on Internal Displacement address the rights of Internally Displaced Persons (IDPs) and the
responsibilities of national authorities and non-States actors towards them. Although a non-binding document as such, the
guiding principles are based on and reflect existing standards of international law, which are binding. Moreover, the Guiding
Principles have gained considerable authority and wide international acceptance in several countries where national authorities
have used them when drawing up national legislation and policies for the protection of IDPs (particularly in Angola or
Columbia).
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
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