the human right to water and sanitation in emergency situations

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30 can also be held responsible for either ordering or failing to take measures to prevent such violations from taking place. Individual criminal responsibility has been further developed under international criminal law, which is discussed below. The ICRC is an independent and neutral organization mandated by States on the basis of IHL. Its Statute aims to provide assistance and protection to victims of armed conflict and to promote and monitor respect for IHL. For further information, see www.icrc.org © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
- Part 1 - International laws applicable in emergencies CHApTER 4 - RElATIONSHIp bETWEEN INTERNATIONAl HUMANITARIAN lAW AND HUMAN RIGHTS lAW 4.1. Complementarity between IHL and HRL International Humanitarian Law and human rights law are based on similar principles: to protect life, health and human dignity. However, the manner in which they seek to ensure such protection differs significantly. Thus, when conflict arises, questions emerge regarding the applicability of existing treaties and international agreements, especially regarding human rights. During armed conflict, most human rights obligations of States continue, as do the obligations of States under International Humanitarian Law as lex specialis. IHL articulates the special rights that exist in conflict, and can be expressed as extensions (in detail) of core rights laid down in human rights treaties. 4.2. Derogations to the application of human rights During wartime or public emergency the enjoyment of certain human rights may be restricted. Indeed, whether the duty of the State to respect, fulfil and protect human rights applies at all times or not, under certain narrowly defined circumstances, such as during a declared state of emergency, the State may temporarily suspend or derogate from one or other human right. Such derogations are exceptional measures that are regulated under human rights law. Indeed, Article 4 of the International Covenant on Civil and Political Rights allows States to take measures temporarily suspending some of their obligations under the Covenant “in time of public emergency which threatens the life of the nation” , but only “to the extent strictly required by the exigencies of the situation” . Such a situation is defined as something that threatens the political independence or territorial integrity of the State, or the physical safety of its population. Internal disturbances, war and natural disasters can be said to be examples of such public emergencies whereby a State may suspend human rights for a limited duration because normal measures are inadequate to address its concerns. 4.3. Some human rights can never be suspended Despite the possibility of derogating from certain obligations under the ICCPR, Article 4 also specifies that certain rights may never be suspended 25 . Interestingly, there is no provision in the Covenant on Economic, Social and Cultural Rights that allows for derogation. Therefore, economic, social and cultural rights are applicable also during emergency situations. A State must at least ensure access to rights essential to survival, such as food and water, basic shelter, medical services and sanitation and request international assistance when its resources are insufficient. In addition, derogations do not allow suspension of obligations laid down by International Humanitarian Law. Moreover, Article 3 common to the four Geneva Conventions provides that in times of armed conflict, persons protected by the conventions should “in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria” . 25 / Article 4.2 of the ICCPR lists the rights that States may not suspend even during an emergency: Right to life; Right to freedom of thought, conscience and religion; Prohibition of genocide; Prohibition of torture or cruel, inhuman or degrading treatment or punishment; Prohibition of slavery; The right to due process of law; The prohibition of punishment for any act that was not a crime when act was committed © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 31
Page 1 and 2: THE HUMAN RIGHT TO WATER AND SANITA
Page 3 and 4: ACkNOWlEDGMENTS Acknowledgments The
Page 5 and 6: Foreword fOREWORD Access to safe dr
Page 7 and 8: Table of contents 6.7. Responsibili
Page 9 and 10: lIST Of CASE STUDIES AND CONCRETE E
Page 11 and 12: IHL International Humanitarian Law
Page 13 and 14: ExECUTIvE SUMMARY Executive summary
Page 15 and 16: INTRODUCTION Introduction 1. What c
Page 17 and 18: Introduction dimension to the reali
Page 19 and 20: HOW TO MAkE THE bEST USE Of THIS DO
Page 21 and 22: The human - Part 1 right - Internat
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- Part 3 - Advocacy on the right to
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Checking availability of sufficient
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Figure 1 - Checklist: The victims C
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Figure 2 - Checklist: The responsib
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Figure 3 - Checklist: rights and le
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14.4. Developing an advocacy strate
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Annexes The World Water Council 140
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Annexes The 4th World Water Forum (
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Annexes ANNExE 3 SUMMARY Of THE kEY
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un Standard Minimum Rules for the T
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Art 54. Art 55. Art 5. Art 14. Anne
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IblIOGRApHY Bibliography Right to W
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Bibliography • UN Doc. E/CN.4/Sub
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